Public Law 117–81. To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
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135 STAT. 1541 Public Law117–81 117th Congress An Act To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.Dec. 27, 2021[[S. 1605](/us/bill/117/s/1605)] * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,*National Defense Authorization Act for Fiscal Year 2022.
SECTION 1. SHORT TITLE. This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2022”. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.(a) Divisions.—This Act is organized into six divisions as follows:(1) Division A—Department of Defense Authorizations.
(2)Division B—Military Construction Authorizations.
(3)Division C—Department of Energy National Security Authorizations and Other Authorizations.
(4)Division D—Funding Tables.
(5)Division E—Department of State Authorization
(6)Division F—Other Non-Department of Defense Matters.
(b)Table of Contents.—The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. Sec. 5. Explanatory statement. DIVISION A— DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I— PROCUREMENT Subtitle A— Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B— Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon.135 STAT. 1542 Subtitle C— Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D— Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft. Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E— Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. TITLE II— RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A— Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B— Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing.135 STAT. 1543 Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base. Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C— Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. TITLE III— OPERATION AND MAINTENANCE Subtitle A— Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B— Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C— National Security Climate Resilience Sec. 331. Definitions.135 STAT. 1544 Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D— Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E— Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F— Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. Subtitle G— Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. Sec. 380. Authority for activities to improve next generation radar systems capabilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents.135 STAT. 1545 TITLE IV— MILITARY PERSONNEL AUTHORIZATIONS Subtitle A— Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B— Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths. Subtitle C— Authorization of Appropriations Sec. 421. Military personnel. TITLE V— MILITARY PERSONNEL POLICY Subtitle A— Officer Personnel Policy Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 502. Time in grade requirements. Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general. Sec. 504. Seaman to Admiral-21 program: credit towards retirement. Sec. 505. Independent assessment of retention of female surface warfare officers. Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B— Reserve Component Management Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers’ Training Corps to include quantum information sciences. Sec. 512. Prohibition on private funding for interstate deployment of National Guard. Sec. 513. Access to Tour of Duty system. Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Enhancement of National Guard Youth Challenge Program. Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents. Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. Subtitle C— General Service Authorities and Military Records Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department. Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. Sec. 523. Notice program relating to options for naturalization. Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 525. Command oversight of military privatized housing as element of performance evaluations. Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States. Sec. 527. Enhancements to national mobilization exercises. Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 529. Report on exemptions and deferments for a possible military draft. Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 529B. Study and report on administrative separation boards. Subtitle D— Military Justice Reform Part 1— Special Trial Counsel Sec. 531. Special trial counsel.135 STAT. 1546 Sec. 532. Policies with respect to special trial counsel. Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. Sec. 534. Clarification relating to who may convene courts-martial. Sec. 535. Detail of trial counsel. Sec. 536. Preliminary hearing. Sec. 537. Advice to convening authority before referral for trial. Sec. 538. Former jeopardy. Sec. 539. Plea agreements. Sec. 539A. Determinations of impracticability of rehearing. Sec. 539B. Applicability to the United States Coast Guard. Sec. 539C. Effective date. Part 2— Sexual Harassment; Sentencing Reform Sec. 539D. Inclusion of sexual harassment as general punitive article. Sec. 539E. Sentencing reform. Part 3— Reports and Other Matters Sec. 539F. Briefing and report on resourcing required for implementation. Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle E— Other Military Justice and Legal Matters Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. Sec. 542. Conduct unbecoming an officer. Sec. 543. Independent investigation of complaints of sexual harassment. Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 546. Civilian positions to support Special Victims’ Counsel. Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. Sec. 549. Activities to improve family violence prevention and response. Sec. 549A. Annual primary prevention research agenda. Sec. 549B. Primary prevention workforce. Sec. 549C. Reform and improvement of military criminal investigative organizations. Sec. 549D. Military defense counsel. Sec. 549E. Full functionality of Military Justice Review Panel. Sec. 549F. Military service independent racial disparity review. Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces. Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 549N. Combating foreign malign influence. Subtitle F— Member Education, Training, and Transition Sec. 551. Troops-to-Teachers Program. Sec. 552. Codification of human relations training for certain members of the Armed Forces. Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress. Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely.135 STAT. 1547 Sec. 556. Defense Language Institute Foreign Language Center. Sec. 557. United States Naval Community College. Sec. 558. Codification of establishment of United States Air Force Institute of Technology. Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. Sec. 559B. Defense language continuing education program. Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Sec. 559D. Professional military education: report; definition. Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors. Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program. Sec. 559G. Briefing on cadets and midshipmen with speech disorders. Subtitle G— Military Family Readiness and Dependents’ Education Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members. Sec. 562. Improvements to the Exceptional Family Member Program. Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. Sec. 565. Policy regarding remote military installations. Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program. Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report. Subtitle H— Diversity and Inclusion Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces. Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies. Subtitle I— Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 582. Authorizations for certain awards. Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. Sec. 585. Reports on security force personnel performing protection level one duties. Sec. 586. GAO study on tattoo policies of the Armed Forces. Sec. 587. Briefing regarding best practices for community engagement in Hawaii. TITLE VI— COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A— Pay and Allowances Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Expansions of certain travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities.135 STAT. 1548 Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. Sec. 606. Report on relationship between basic allowance for housing and sizes of military families. Sec. 607. Report on certain moving expenses for members of the Armed Forces. Sec. 608. Report on temporary lodging expenses in competitive housing markets. Sec. 609. Report on rental partnership programs. Subtitle B— Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C— Family and Survivor Benefits Sec. 621. Extension of paid parental leave. Sec. 622. Bereavement leave for members of the Armed Forces. Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members. Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care. Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 626. Casualty assistance program: reform; establishment of working group. Subtitle D— Defense Resale Matters Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. Subtitle E— Miscellaneous Rights and Benefits Sec. 641. Alexander Lofgren Veterans in Parks program. TITLE VII— HEALTH CARE PROVISIONS Subtitle A— TRICARE and Other Health Care Benefits Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces. Sec. 705. Modifications to pilot program on health care assistance system. Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents. Subtitle B— Health Care Administration Sec. 711. Modification of certain Defense Health Agency organization requirements. Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines. Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 722. Implementation of integrated product for management of population health across military health system.135 STAT. 1549 Sec. 723. Digital health strategy of Department of Defense. Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide. Subtitle C— Reports and Other Matters Sec. 731. Modifications and reports related to military medical manning and medical billets. Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 733. Pilot program on cardiac screening at certain military service academies. Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to China. Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office. Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. TITLE VIII— ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A— Acquisition Policy and Management Sec. 801. Acquisition workforce educational partnerships. Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures. Sec. 804. Modifications to contracts subject to cost or pricing data certification. Sec. 805. Two-year extension of Selected Acquisition Report requirement. Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services. Sec. 808. Briefing on transparency for certain domestic procurement waivers. Sec. 809. Report on violations of certain domestic preference laws. Subtitle B— Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. Sec. 814. Modified condition for prompt contract payment eligibility. Sec. 815. Modification to procurement of services: data analysis and requirements validation. Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels. Sec. 817. Repeal of preference for fixed-price contracts. Subtitle C— Provisions Relating to Other Transaction Authority Sec. 821. Modification of other transaction authority for research projects.135 STAT. 1550 Sec. 822. Modification of prize authority for advanced technology achievements. Sec. 823. Pilot program on systems engineering determinations. Sec. 824. Recommendations on the use of other transaction authority. Sec. 825. Reporting requirement for certain defense acquisition activities. Subtitle D— Provisions Relating to Software and Technology Sec. 831. Technology protection features activities. Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories. Sec. 833. Pilot program on acquisition practices for emerging technologies. Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 835. Independent study on technical debt in software-intensive systems. Sec. 836. Cadre of software development and acquisition experts. Subtitle E— Provisions Relating to Supply Chain Security Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 845. Department of Defense research and development priorities. Sec. 846. Report on the Manufacturing Engineering Education Program. Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. Subtitle F— Industrial Base Matters Sec. 851. Modifications to printed circuit board acquisition restrictions. Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. Sec. 857. Congressional oversight of personnel and contracts of private security contractors. Subtitle G— Small Business Matters Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business. Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Subtitle H— Other Matters Sec. 871. Mission management pilot program. Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. Sec. 875. Guidance, training, and report on place of performance contract requirements. Sec. 876. Notification of certain intergovernmental support agreements. Sec. 877. Report on requests for equitable adjustment in Department of the Navy. Sec. 878. Military standards for armor materials in vehicle specifications. TITLE IX— DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions.135 STAT. 1551 Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense. Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. Sec. 908. Management innovation activities. Sec. 909. Digital talent recruiting officer. Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents. Sec. 911. Alignment of Close Combat Lethality Task Force. Sec. 912. Independent review of and report on the Unified Command Plan. Sec. 913. Study and report on the role and organization of space assets in the reserve components. TITLE X— GENERAL PROVISIONS Subtitle A— Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund. Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. Subtitle B— Counterdrug Activities Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Subtitle C— Naval Vessels and Shipyards Sec. 1011. Modification to annual naval vessel construction plan. Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. Sec. 1016. Annual report on ship maintenance. Sec. 1017. Navy battle force ship assessment and requirement reporting. Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers. Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations. Subtitle D— Counterterrorism Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.135 STAT. 1552 Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E— Miscellaneous Authorities and Limitations Sec. 1041. Congressional oversight of alternative compensatory control measures. Sec. 1042. Modification of notification requirements for sensitive military operations. Sec. 1043. Authority to provide space and services to military welfare societies. Sec. 1044. Congressional notification of significant Army force structure changes. Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus. Sec. 1046. Comparative testing reports for certain aircraft. Sec. 1047. Special operations forces joint operating concept for competition and conflict. Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings. Sec. 1051. Survey on relations between members of the Armed Forces and military communities. Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. Subtitle F— Studies and Reports Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. Sec. 1062. Public availability of semi-annual summaries of reports. Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense. Sec. 1064. Continuation of certain Department of Defense reporting requirements. Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires. Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan. Sec. 1067. Biennial assessments of Air Force Test Center. Sec. 1068. Report on 2019 World Military Games. Sec. 1069. Reports on oversight of Afghanistan. Sec. 1070. Study and report on Department of Defense excess personal property program. Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization. Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan. Sec. 1075. Report on World War I and Korean War era Superfund facilities. Sec. 1076. Report on implementation of irregular warfare strategy. Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment. Subtitle G— Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Modification to Regional Centers for Security Studies. Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet. Sec. 1084. Observance of National Atomic Veterans Day. Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. Sec. 1086. National Museum of the Surface Navy.135 STAT. 1553 Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport. Sec. 1088. Treatment of operational data from Afghanistan. Sec. 1089. Responsibilities for national mobilization; personnel requirements. Sec. 1090. Independent assessment with respect to Arctic region. Sec. 1091. National Security Commission on Emerging Biotechnology. Sec. 1092. Quarterly security briefings on Afghanistan. Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. Sec. 1094. Afghanistan War Commission Act of 2021. Sec. 1095. Commission on the National Defense Strategy. TITLE XI— CIVILIAN PERSONNEL MATTERS Sec. 1101. Amendment to diversity and inclusion reporting. Sec. 1102. Civilian personnel management. Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1106. Repeal of 2-year probationary period. Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts. Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels. Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia. Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. Sec. 1111. Parental bereavement leave. Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel. Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1115. Assessment of Accelerated Promotion Program suspension. Sec. 1116. Increase in allowance based on duty at remote worksites. Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1118. Occupational series for digital career fields. TITLE XII— MATTERS RELATING TO FOREIGN NATIONS Subtitle A— Assistance and Training Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. Sec. 1203. Extension of support of special operations for irregular warfare. Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Report on security cooperation programs. Subtitle B— Matters Relating to Afghanistan and Pakistan Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban. Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces.135 STAT. 1554 Sec. 1216. Joint report on using the synchronized predeployment and operational tracker
(spot)database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan. Subtitle C— Matters Relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. Sec. 1226. Prohibition on transfers to Iran. Sec. 1227. Report on the military capabilities of Iran and related activities. Sec. 1228. Sense of Congress on enrichment of uranium by Iran. Subtitle D— Matters Relating to Russia Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of Ukraine Security Assistance Initiative. Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. Subtitle E— Matters Relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Modification of annual report on military and security developments involving the People’s Republic of China. Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1246. Sense of Congress on Taiwan defense relations. Sec. 1247. Statement of policy on Taiwan. Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications. Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. TITLE XIII— OTHER MATTERS RELATING TO FOREIGN NATIONS Subtitle A— Matters Relating to Europe and NATO Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners. Sec. 1302. Report on Armenia-Azerbaijan conflict. Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. Subtitle B— United States-Greece Defense and Interparliamentary Partnership Act of 2021 Sec. 1311. Sense of Congress. Sec. 1312. Funding for the European Recapitalization Incentive Program. Sec. 1313. Sense of Congress on loan program. Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece. Sec. 1315. IMET cooperation with Greece. Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group.135 STAT. 1555 Sec. 1317. Appropriate congressional committees. Subtitle C— Security Cooperation and Assistance Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program. Sec. 1322. Foreign Area Officer assessment and review. Sec. 1323. Study on certain security cooperation programs. Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome. Subtitle D— Other Matters Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1332. Secretary of Defense Strategic Competition Initiative. Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017. Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. Sec. 1336. Security assistance in Northern Triangle countries. Sec. 1337. Report on human rights in Colombia. Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1340. Statement of policy and report on Yemen. Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises. TITLE XIV— OTHER AUTHORIZATIONS Subtitle A— Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B— Other Matters Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. Sec. 1412. Authorization to loan materials in National Defense Stockpile. Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. TITLE XV— CYBERSPACE-RELATED MATTERS Subtitle A— Matters Related to Cyber Operations and Cyber Forces Sec. 1501. Development of taxonomy of cyber capabilities. Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard. Sec. 1503. Modification of the Principal Cyber Advisor. Sec. 1504. Evaluation of Department of Defense cyber governance. Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. Sec. 1506. Matters concerning cyber personnel requirements. Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command. Sec. 1508. Coordination between United States Cyber Command and private sector. Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. Sec. 1511. Comparative analysis of cybersecurity capabilities. Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services. Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure.135 STAT. 1556 Subtitle B— Matters Related to Department of Defense Cybersecurity and Information Technology Sec. 1521. Enterprise-wide procurement of cyber data products and services. Sec. 1522. Legacy information technologies and systems accountability. Sec. 1523. Update relating to responsibilities of Chief Information Officer. Sec. 1524. Protective Domain Name System within the Department of Defense. Sec. 1525. Cybersecurity of weapon systems. Sec. 1526. Assessment of controlled unclassified information program. Sec. 1527. Cyber data management. Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1529. Demonstration program for automated security validation tools. Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1531. Digital development infrastructure plan and working group. Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. Subtitle C— Matters Related to Federal Cybersecurity Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems. Sec. 1542. Cybersecurity vulnerabilities. Sec. 1543. Report on cybersecurity vulnerabilities. Sec. 1544. Competition relating to cybersecurity vulnerabilities. Sec. 1545. Strategy. Sec. 1546. Cyber incident response plan. Sec. 1547. National cyber exercise program. Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency. Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats. Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1551. United States-Israel cybersecurity cooperation. Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. TITLE XVI— SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS Subtitle A— Space Activities Sec. 1601. National security space launch program. Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. Sec. 1610. Report on Range of the Future initiative of the Space Force. Sec. 1611. Space policy review. Sec. 1612. Annual briefing on threats to space operations. Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. Subtitle B— Defense Intelligence and Intelligence-Related Activities Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments.135 STAT. 1557 Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Sec. 1624. Report on explosive ordnance intelligence matters. Subtitle C— Nuclear Forces Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1632. Modification to requirements relating to nuclear force reductions. Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device. Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile. Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. Sec. 1643. Revised nuclear posture review. Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems. Sec. 1645. Long-range standoff weapon. Sec. 1646. Ground-based strategic deterrent development program accountability matrices. Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force. Sec. 1648. Notification regarding intercontinental ballistic missiles of China. Sec. 1649. Independent review of nuclear command, control, and communications system. Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program. Sec. 1651. Report on re-alerting long-range bombers. Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review. Subtitle D— Missile Defense Programs Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency. Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. Sec. 1665. Guam integrated air and missile defense system. Sec. 1666. Missile defense radar in Hawaii. Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. Sec. 1668. Next generation interceptors for missile defense of the United States homeland. Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1672. Matters regarding Integrated Deterrence Review. Sec. 1673. Semiannual notifications regarding missile defense tests and costs. Sec. 1674. Report on senior leadership of Missile Defense Agency.135 STAT. 1558 Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense. Subtitle E— Other Matters Sec. 1681. Cooperative threat reduction funds. Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. Sec. 1684. Determination on certain activities with unusually hazardous risks. Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands. Sec. 1686. Protection of Major Range and Test Facility Base. Sec. 1687. Congressional Commission on the Strategic Posture of the United States. TITLE XVII— TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA. Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes. DIVISION B— MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries. TITLE XXI— ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. TITLE XXII— NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. TITLE XXIII— AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida. TITLE XXIV— DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects. TITLE XXV— INTERNATIONAL PROGRAMS Subtitle A— North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B— Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects.135 STAT. 1559 Sec. 2512. Republic of Poland funded construction projects. TITLE XXVI— GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. TITLE XXVII— BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure
(BRAC)round. Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado. TITLE XXVIII— MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A— Military Construction Program Changes Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects. Sec. 2802. Limitations on authorized cost and scope of work variations. Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Sec. 2805. Flood risk management for military construction. Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States. Subtitle B— Continuation of Military Housing Reforms Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government-owned and Government-controlled. Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent. Sec. 2814. Required investments in improving military unaccompanied housing. Sec. 2815. Improvement of security of lodging and living spaces on military installations. Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel. Subtitle C— Real Property and Facilities Administration Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy. Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations. Subtitle D— Military Facilities Master Plan Requirements Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations. Sec. 2832. Additional changes to requirements regarding master plans for major military installations. Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements.135 STAT. 1560 Subtitle E— Matters Related to Unified Facilities Criteria and Military Construction Planning and Design Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects. Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations. Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations. Subtitle F— Land Conveyances Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California. Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. Sec. 2853. Land conveyance, Saint Joseph, Missouri. Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri. Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia. Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia. Subtitle G— Authorized Pilot Programs Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. Subtitle H— Asia-Pacific and Indo-Pacific Issues Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific. Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i. Sec. 2873. Hawai‘i Military Land Use Master Plan. Subtitle I— One-Time Reports and Other Matters Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities. Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States. DIVISION C— DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI— DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A— National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B— Program Authorizations, Restrictions, and Limitations Sec. 3111. Plutonium pit production capacity. Sec. 3112. Improvements to cost estimates informing analyses of alternatives. Sec. 3113. University-based defense nuclear policy collaboration program. Sec. 3114. Defense environmental cleanup programs. Sec. 3115. Modification of requirements for certain construction projects. Sec. 3116. Updates to infrastructure modernization initiative. Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads.135 STAT. 1561 Sec. 3121. Portfolio management framework for National Nuclear Security Administration. Subtitle C— Reports and Other Matters Sec. 3131. Modifications to certain reporting requirements. Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. Sec. 3140. Study on Runit Dome and related hazards. Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. TITLE XXXII— DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. TITLE XXXIV— NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. TITLE XXXV— MARITIME SECURITY Subtitle A— Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Subtitle B— Other Matters Sec. 3511. Effective period for issuance of documentation for recreational vessels. Sec. 3512. Committees on maritime matters. Sec. 3513. Port Infrastructure Development Program. Sec. 3514. Uses of emerging marine technologies and practices. Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet. Sec. 3516. Coastwise endorsement. Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. DIVISION D— FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. TITLE XLI— PROCUREMENT Sec. 4101. Procurement. TITLE XLII— RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. TITLE XLIII— OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. TITLE XLIV— MILITARY PERSONNEL Sec. 4401. Military personnel. TITLE XLV— OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. TITLE XLVI— MILITARY CONSTRUCTION Sec. 4601. Military construction. TITLE XLVII— DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs.135 STAT. 1562 DIVISION E— DEPARTMENT OF STATE AUTHORIZATION ACT OF 2021 Sec. 5001. Short title. Sec. 5002. Definitions. TITLE LI— ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE Sec. 5101. Sense of Congress on importance of Department of State’s work. Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 5104. Office of International Disability Rights. Sec. 5105. Special appointment authority. Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma. Sec. 5107. Anti-piracy information sharing. Sec. 5108. Importance of foreign affairs training to national security. Sec. 5109. Classification and assignment of Foreign Service officers. Sec. 5110. Reporting on implementation of GAO recommendations. Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments. Sec. 5112. Art in embassies. Sec. 5113. International fairs and expositions. Sec. 5114. Amendment or repeal of reporting requirements. TITLE LII— EMBASSY CONSTRUCTION Sec. 5201. Embassy security, construction, and maintenance. Sec. 5202. Standard design in capital construction. Sec. 5203. Capital construction transparency. Sec. 5204. Contractor performance information. Sec. 5205. Growth projections for new embassies and consulates. Sec. 5206. Long-range planning process. Sec. 5207. Value engineering and risk assessment. Sec. 5208. Business volume. Sec. 5209. Embassy security requests and deficiencies. Sec. 5210. Overseas security briefings. Sec. 5211. Contracting methods in capital construction. Sec. 5212. Competition in embassy construction. Sec. 5213. Statement of policy. Sec. 5214. Definitions. TITLE LIII— PERSONNEL ISSUES Sec. 5301. Defense Base Act insurance waivers. Sec. 5302. Study on Foreign Service allowances. Sec. 5303. Science and technology fellowships. Sec. 5304. Travel for separated families. Sec. 5305. Home leave travel for separated families. Sec. 5306. Sense of Congress regarding certain fellowship programs. Sec. 5307. Technical correction. Sec. 5308. Foreign Service awards. Sec. 5309. Workforce actions. Sec. 5310. Sense of Congress regarding veterans employment at the Department of State. Sec. 5311. Employee assignment restrictions and preclusions. Sec. 5312. Recall and reemployment of career members. Sec. 5313. Strategic staffing plan for the Department of State. Sec. 5314. Consulting services. Sec. 5315. Incentives for critical posts. Sec. 5316. Extension of authority for certain accountability review boards. Sec. 5317. Foreign Service suspension without pay. Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 5319. Waiver authority for individual occupational requirements of certain positions. Sec. 5320. Appointment of employees to the Global Engagement Center. Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. Sec. 5322. Report relating to Foreign Service Officer training and development. Sec. 5323. Cooperation with Office of the Inspector General. Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act.135 STAT. 1563 Sec. 5325. Implementation of gap memorandum in selection board process. TITLE LIV— A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION Sec. 5401. Definitions. Sec. 5402. Exit interviews for workforce. Sec. 5403. Recruitment and retention. Sec. 5404. Leadership engagement and accountability. Sec. 5405. Professional development opportunities and tools. Sec. 5406. Examination and oral assessment for the Foreign Service. Sec. 5407. Payne fellowship authorization. Sec. 5408. Voluntary participation. TITLE LV— INFORMATION SECURITY Sec. 5501. Definitions. Sec. 5502. List of certain telecommunications providers. Sec. 5503. Preserving records of electronic communications. Sec. 5504. Foreign Relations of the United States
(FRUS)series and declassification. TITLE LVI— PUBLIC DIPLOMACY Sec. 5601. Short title. Sec. 5602. Avoiding duplication of programs and efforts. Sec. 5603. Improving research and evaluation of public diplomacy. Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 5605. Streamlining of support functions. Sec. 5606. Guidance for closure of public diplomacy facilities. Sec. 5607. Definitions. TITLE LVII— OTHER MATTERS Sec. 5701. Limitation on assistance to countries in default. Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 5703. Chief of mission concurrence. Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. DIVISION F— OTHER NON-DEPARTMENT OF DEFENSE MATTERS TITLE LXI— FINANCIAL SERVICES MATTERS Sec. 6101. FinCEN Exchange. Sec. 6102. Adverse information in cases of trafficking. Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank. Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. Sec. 6106. Illicit finance improvements. Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act. TITLE LXII— FOREIGN SERVICE FAMILIES ACT OF 2021 Sec. 6201. Short title. Sec. 6202. Telecommuting opportunities. Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service. Sec. 6204. Briefing on Foreign Service family reserve corps. Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees. Sec. 6206. In-State tuition rates for members of qualifying Federal service. Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service. TITLE LXIII— BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION MODERNIZATION ACT Sec. 6301. Short title. Sec. 6302. Clarifying amendments to definitions. Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards.135 STAT. 1564 Sec. 6304. Stipends. Sec. 6305. Scholarship and research internship conditions. Sec. 6306. Sustainable investments of funds. Sec. 6307. Administrative provisions. TITLE LXIV— DEPARTMENT OF HOMELAND SECURITY MEASURES Subtitle A— DHS Headquarters, Research and Development, and Related Matters Sec. 6401. Employee engagement steering committee and action plan. Sec. 6402. Annual employee award program. Sec. 6403. Chief Human Capital Officer responsibilities. Sec. 6404. Independent investigation and implementation plan. Sec. 6405. Authorization of the acquisition professional career program. Sec. 6406. National urban security technology laboratory. Sec. 6407. Department of Homeland Security Blue Campaign enhancement. Sec. 6408. Medical countermeasures program. Sec. 6409. Critical domain research and development. Sec. 6410. CBP Donations Acceptance Program Reauthorization. Subtitle B— Transportation Security Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. Sec. 6412. Transportation Security Preparedness Plan. Sec. 6413. Authorization of Transportation Security Administration personnel details. Sec. 6414. Transportation Security Administration preparedness. Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs. Sec. 6418. Threat information sharing. Sec. 6419. Local law enforcement security training. Sec. 6420. Allowable uses of funds for public transportation security assistance grants. Sec. 6421. Periods of performance for public transportation security assistance grants. Sec. 6422. GAO review of public transportation security assistance grant program. Sec. 6423. Sensitive security information; aviation security. TITLE LXV— OTHER MATTERS RELATING TO FOREIGN AFFAIRS Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. Sec. 6503. Transnational Repression Accountability and Prevention. Sec. 6504. Human rights awareness for American athletic delegations. Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry. Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. Sec. 6508. Annual report on United States policy toward South Sudan. Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. Sec. 6510. Supporting democracy in Burma. Sec. 6511. United States Grand Strategy with respect to China. TITLE LXVI— OTHER MATTERS Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. Sec. 6604. Chief Human Capital Officers Council annual report. Sec. 6605. National Global War on Terrorism Memorial. Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands.135 STAT. 1565 Sec. 6609. Property disposition for affordable housing. Sec. 6610. Blocking deadly fentanyl imports. SEC. 3. [10 USC 101 note](/us/usc/t10/s101).Definition.CONGRESSIONAL DEFENSE COMMITTEES. In this Act, the term “**congressional defense committees**” has the meaning given that term in [section 101(a)(16) of title 10, United States Code](/us/usc/t10/s101/a/16). SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. SEC. 5. EXPLANATORY STATEMENT. The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 8, 2021, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A— Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B— Army Programs Sec. 111. Modification of deployment by the Army of interim cruise missile defense capability. Sec. 112. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 113. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 114. Continuation of Soldier Enhancement Program. Sec. 115. Limitation on availability of funds pending report on the Integrated Visual Augmentation System. Sec. 116. Strategy and authority for the procurement of components for the next generation squad weapon. Subtitle C— Navy Programs Sec. 121. Extension of procurement authority for certain amphibious shipbuilding programs. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Extension of report on Littoral Combat Ship mission packages. Sec. 124. Incorporation of advanced degaussing systems into Arleigh Burke class destroyers. Sec. 125. Report on the potential benefits of a multiyear contract for the procurement of Flight III Arleigh Burke class destroyers. Sec. 126. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 127. Report on material readiness of Virginia class submarines of the Navy. Subtitle D— Air Force Programs Sec. 131. Extension of inventory requirement for Air Force fighter aircraft.135 STAT. 1566 Sec. 132. Contract for logistics support for VC–25B aircraft. Sec. 133. Prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 134. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 135. Limitation on availability of funds for the B–52 Commercial Engine Replacement Program. Sec. 136. Limitation on availability of funds pending information on bridge tanker aircraft. Sec. 137. Inventory requirements and limitations relating to certain air refueling tanker aircraft. Sec. 138. Minimum inventory of tactical airlift aircraft. Sec. 139. Report relating to reduction of total number of tactical airlift aircraft. Subtitle E— Defense-wide, Joint, and Multiservice Matters Sec. 141. Implementation of affordability, operational, and sustainment cost constraints for the F–35 aircraft program. Sec. 142. Transfer of F–35 program responsibilities from the F–35 Joint Program Office to the Department of the Air Force and the Department of the Navy. Sec. 143. Limitation on availability of funds for air-based and space-based ground moving target indicator capabilities. Sec. 144. Limitation on availability of funds for procurement of aircraft systems for the armed overwatch program. Sec. 145. Analysis of certain radar investment options. Sec. 146. Review and briefing on fielded major weapon systems. Sec. 147. Reports on exercise of waiver authority with respect to certain aircraft ejection seats. Subtitle A—Authorization of Appropriations SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101. Subtitle B—Army Programs SEC. 111. MODIFICATION OF DEPLOYMENT BY THE ARMY OF INTERIM CRUISE MISSILE DEFENSE CAPABILITY. Section 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1660](/us/stat/132/1660)), as amended by section 111(b) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[134 Stat. 3423](/us/stat/134/3423). is further amended—(1) Deadline.in paragraph (1), by striking “shall deploy the capability as follows:” and all that follows through the period at the end and inserting “shall deploy two batteries of the capability by not later than September 30, 2020.”;
(2)in paragraph (2)—(A) in the paragraph heading, by striking “deadlines” and inserting “deadline”;
(B)in the matter preceding subparagraph (A), by striking “deadlines” and inserting “deadline”;
(C)in subparagraph (F), by adding “and” at the end;
(D)by striking subparagraph (G); and
(E)by redesignating subparagraph
(H)as subparagraph (G); and
(3)Determination.in paragraph (4), by striking “deadlines specified in paragraph (1):” and all that follows through the period at 135 STAT. 1567 the end and inserting “deadline specified in paragraph
(1)if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline.”. SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR AH–64E APACHE HELICOPTERS.(a) Effective date.Authority for Multiyear Procurement.—Subject to [section 2306b of title 10, United States Code](/us/usc/t10/s2306b), the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters.
(b)Condition for Out-year Contract Payments.—A contract entered into under subsection
(a)shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UH–60M AND HH–60M BLACK HAWK HELICOPTERS.(a) Effective date.Authority for Multiyear Procurement.—Subject to [section 2306b of title 10, United States Code](/us/usc/t10/s2306b), the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters.
(b)Condition for Out-year Contract Payments.—A contract entered into under subsection
(a)shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. SEC. 114. [10 USC note](/us/usc/t10)prec. 7532.CONTINUATION OF SOLDIER ENHANCEMENT PROGRAM.(a) Requirement to Continue Program.—The Secretary of the Army, acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology in accordance with subsection (b), shall continue to carry out the Soldier Enhancement Program established pursuant to section 203 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 ([Public Law 101–189](/us/pl/101/189); 103 Sat. 1394).
(b)Designation.Responsible Official.—The Secretary of the Army shall designate the Assistant Secretary of the Army for Acquisition, Logistics, and Technology as the official in the Department of the Army with principal responsibility for the management of the Soldier Enhancement Program under subsection (a).
(c)Duties.—The duties of the Soldier Enhancement Program shall include the identification, research, development, test, and evaluation of commercially available off-the-shelf items (as defined in [section 104 of title 41, United States Code](/us/usc/t41/s104)) and software applications to accelerate the efforts of the Army to integrate, modernize, and enhance weapons and equipment for use by Army soldiers, including—(1) lighter, more lethal weapons; and
(2)support equipment, including lighter, more comfortable load-bearing equipment, field gear, combat clothing, survivability items, communications equipment, navigational aids, night vision devices, tactical power, sensors, and lasers.135 STAT. 1568 SEC. 115. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT ON THE INTEGRATED VISUAL AUGMENTATION SYSTEM.(a) Effective date.Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Army for procurement for the Integrated Visual Augmentation System, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Army submits to the congressional defense committees the report required under subsection (b).
(b)Report Required.—(1) In general.—Not later than the date specified in paragraph (3), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System of the Army.
(2)Plans.Elements.—The report required by paragraph
(1)shall include the following:(A) Certification.A certification from the Secretary of the Army that the Integrated Visual Augmentation System is sufficiently reliable to meet operational needs for mean time between failure to support planned operational mission profiles.
(B)Certification.A certification from the Secretary of the Army that the tactical network is sufficiently suitable and reliable to support the operational employment of the System, including the System’s ability to integrate into command networks. (C)(i) Certification.A certification from the Secretary of the Army that the duration of the System’s battery power is suitable and reliable enough to meet planned operational mission requirements.
(ii)A plan to ensure the battery management of the System meets such requirements.
(D)A plan to enable the System to display position location and identification information for adjacent units, non-System-equipped platforms, and soldiers.
(E)A plan, including critical milestones, to achieve certified three-dimensional geospatial data within the System for dynamic and precision targeting.
(F)A basis-of-issue plan based on lessons from the developmental and operational testing of the System.
(G)A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System.
(H)Any other matters that the Secretary considers relevant to the full understanding of the status of and plan for the System.
(3)Deadline.Date specified.—The date specified in this paragraph is a date selected by the Secretary of the Army that is not later than 60 days after the date on which initial operational testing of the Integrated Visual Augmentation System of the Army has been completed.
(c)Deadline.Assessment Required.—Not later than 60 days after the date on which the Secretary of the Army submits the report required under subsection (b), the Director of Operational Test and Evaluation shall submit to the congressional defense committees an assessment of the validity, reliability, and objectivity of the report with respect to each element described in subsection (b)(2).135 STAT. 1569 SEC. 116. STRATEGY AND AUTHORITY FOR THE PROCUREMENT OF COMPONENTS FOR THE NEXT GENERATION SQUAD WEAPON.(a) Strategy Required.—The Secretary of the Army shall develop and implement a competitive procurement strategy to identify, test, qualify, and procure components and accessories for the next generation squad weapon of the Army, including magazines, that are capable of improving the performance of such weapon, with an emphasis on the procurement of—(1) commercially available off-the-shelf items;
(2)nondevelopmental items; and
(3)components and accessories previously developed by the Army that may be used for such weapon.
(b)Market Survey.—Upon receipt of the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall initiate a market survey to identify components and accessories for the weapon that meet the criteria described in subsection (a).
(c)Authorization.—After completing the market survey under subsection (b), the Secretary of the Army may enter into one or more contracts for the procurement of components and accessories for the next generation squad weapon that meet the criteria described in subsection (a).
(d)Reports.Information to Congress.—Not later than one year after receiving the initial operational test and evaluation report for the next generation squad weapon, the Secretary of the Army shall submit to the congressional defense committees a report that includes—(1) Timelines.the competitive acquisition strategy developed under subsection (a), including timelines for the fielding of components and accessories for such weapon that—(A) are commercially available off-the-shelf items or nondevelopmental items; and
(B)are capable of improving the performance of such weapon;
(2)Assessment.an assessment of the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon, including a comparison of—(A) the mean rounds between stoppage and mean rounds between failure of such weapon; and
(B)the mean rounds between stoppage and mean rounds between failure of currently fielded weapons;
(3)an explanation of whether any items identified in the market survey conducted under subsection
(b)demonstrate the ability to increase the mean rounds between stoppage or the mean rounds between failure of the next generation squad weapon; and
(4)Plan.a plan to increase the mean rounds between stoppage and mean rounds between failure of the next generation squad weapon.
(e)Definitions.—In this section:(1) The term “**commercially available off-the-shelf items**” has the meaning given that term in [section 104 of title 41, United States Code](/us/usc/t41/s104).
(2)The term “**nondevelopmental items**” has the meaning given that term in [section 110 of title 41, United States Code](/us/usc/t41/s110).135 STAT. 1570 Subtitle C—Navy Programs SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN AMPHIBIOUS SHIPBUILDING PROGRAMS. Section 124(a)(1) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3426](/us/stat/134/3426). is amended by striking “fiscal year 2021” and inserting “fiscal years 2021 and 2022”. SEC. 122. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT WATERBORNE SECURITY BARRIERS. Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1665](/us/stat/132/1665)), as most recently amended by section 127 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[134 Stat. 3429](/us/stat/134/3429). is further amended by striking “for fiscal years 2019, 2020, or 2021” and inserting “for fiscal years 2019, 2020, 2021, or 2022”. SEC. 123. EXTENSION OF REPORT ON LITTORAL COMBAT SHIP MISSION PACKAGES. Section 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2030](/us/stat/130/2030)) is amended by striking “fiscal year 2022” and inserting “fiscal year 2027”. SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO ARLEIGH BURKE CLASS DESTROYERS.(a) In General.—The Secretary of the Navy shall ensure that an advanced degaussing system is incorporated into any Arleigh Burke class destroyer procured in fiscal year 2025 or any subsequent fiscal year pursuant to a covered contract.
(b)Covered Contract Defined.—In this section, the term “**covered contract**” means an annual or multiyear contract for the procurement of an Arleigh Burke class destroyer that is entered into by the Secretary of the Navy on or after the date of the enactment of this Act. SEC. 125. REPORT ON THE POTENTIAL BENEFITS OF A MULTIYEAR CONTRACT FOR THE PROCUREMENT OF FLIGHT III ARLEIGH BURKE CLASS DESTROYERS.(a) Time period.In General.—Not later than March 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a report on the potential benefits of a multiyear contract for the period of fiscal years 2023 through 2027 for the procurement of Flight III Arleigh Burke class destroyers in the quantities specified in subsection (c).
(b)Elements.—The report required by subsection
(a)shall include preliminary findings, and the basis for such findings, of the Secretary with respect to whether—(1) the use of a contract described in such subsection could result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts;
(2)the minimum need for the destroyers described in such subsection to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities;135 STAT. 1571
(3)there is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation;
(4)there is a stable design for the destroyers to be acquired and that the technical risks associated with such property are not excessive;
(5)the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic;
(6)the use of such a contract will promote the national security of the United States; and
(7)a decision not to use such a contract will affect the industrial base and, if so, the nature of such effects.
(c)Evaluation by Quantity.—The report required by subsection
(a)shall evaluate the potential of procuring each of the following quantities of Flight III Arleigh Burke-class destroyers over the period described in such subsection:(1) 10.
(2)12.
(3)15.
(4)Any other quantities the Secretary of the Navy considers appropriate. SEC. 126. ACQUISITION, MODERNIZATION, AND SUSTAINMENT PLAN FOR CARRIER AIR WINGS.(a) Deadline.Time period.Plan Required.—Not later than April 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy.
(b)Elements.—The plan required by subsection
(a)shall include the following:(1)(A) Assessment.An assessment of whether and to what extent the capabilities, capacity, and composition of the carrier air wings in existence as of the date of plan meet the requirements of the National Defense Strategy; and
(B)a plan to address any known shortfalls of such carrier wings, including shortfalls with respect to aerial refueling aircraft capacity and strike-fighter combat radius.
(2)Risk assessment.An operational risk assessment and risk mitigation plan regarding the nine carrier air wings that, as of the date of the plan, support combatant commander steady-state peacetime and potential major contingency requirements.
(3)An explanation of when the Secretary of the Navy will field a minimum of 10 carrier air wings in accordance with [section 8062(e) of title 10, United States Code](/us/usc/t10/s8062/e).
(4)An identification and explanation of the role of autonomous and remotely-piloted aircraft, including the MQ–25 aircraft, and other potential capabilities and platforms planned to be fielded in future carrier air wings.
(5)A detailed deck and hangar space plan that supports realistic peacetime steady-state or contingency surge level fixed-wing aircraft and rotorcraft preparation activities, flight operations, and onboard unit-level maintenance, repair, and sustainment activities for future carrier air wings.
(6)An appropriate modernization plan to maximize operational use of platforms in existence as of the date of the 135 STAT. 1572 plan, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer.
(7)An identification of the logistics supply chain support and modernization plan required during peacetime steady-state and contingency operations for future carrier air wings, particularly as it relates to implementing the organic C–130 and C–40 logistics tethering strategy.
(8)A detailed explanation for the Secretary of the Navy’s decision to modify carrier air wing composition to one squadron of 14 F–35C aircraft instead of the originally planned two squadrons of 10 F–35C aircraft. SEC. 127. REPORT ON MATERIAL READINESS OF VIRGINIA CLASS SUBMARINES OF THE NAVY.(a) In General.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the material readiness of the Virginia class submarines.
(b)Elements.—The report required by subsection
(a)shall include the following:(1) Assessment.An assessment of the number of components and parts that have required replacement prior to the end of their estimated useful life or scheduled replacement timeline, including efforts to increase the reliability of “life of ship” components.
(2)Assessment.Estimate.An assessment of the extent to which part and material shortages have impacted deployment and maintenance availability schedules, including an estimate of the number of active part cannibalizations or other actions taken to mitigate those impacts.
(3)An identification of the planned lead time to obtain key material for Virginia class submarines from shipbuilders and vendors.
(4)An identification of the actual lead time to obtain such material from shipbuilders and vendors.
(5)An identification of the cost increases of key components and parts for new construction and maintenance availabilities above planned material costs.
(6)Assessment.An assessment of potential courses of action to improve the material readiness of the Virginia class submarines, including efforts to align new construction shipyards with maintenance shipyards and Naval Sea Systems Command to increase predictability of materials and purchasing power.
(7)Recommenda-tions.Such recommendations as the Secretary may have for legislative changes, authorities, realignments, and administrative actions, including reforms of the Federal Acquisition Regulation, to improve the material readiness of the Virginia class submarines.
(8)Such other elements as the Secretary considers appropriate.135 STAT. 1573 Subtitle D—Air Force Programs SEC. 131. EXTENSION OF INVENTORY REQUIREMENT FOR AIR FORCE FIGHTER AIRCRAFT.(a) Extension of Inventory Requirement.—[Section 9062(i)(1) of title 10, United States Code](/us/usc/t10/s9062/i/1), is amended by striking “October 1, 2022” and inserting “October 1, 2026”.
(b)Reports on Retirement of Air Force Fighter Aircraft.—Section 131 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [131 Stat. 1314](/us/stat/131/1314); [10 U.S.C. 9062 note](/us/usc/t10/s9062)) is amended—(1) by amending subsection
(b)to read as follows:"“(b) Report on Retirement of Aircraft.—“(1) Effective date.Assessments.In general.—Beginning with fiscal year 2023, for any fiscal year in which the Secretary of the Air Force expects the total aircraft inventory of fighter aircraft of the Air Force or the total primary mission aircraft inventory of fighter aircraft of the Air Force to decrease below the levels specified in [section 9062(i)(1) of title 10, United States Code](/us/usc/t10/s9062/i/1), the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:“(A) Analysis.A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft. “(B) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired. “(C) A detailed assessment of the current operational risk and the operational risk that will be incurred for meeting—“(i) the requirements of the National Defense Strategy and combatant commanders; and “(ii) operational plans for major contingency operations and steady-state or rotational operations. “(D) Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate. “(2) Timing of report.—Each report required under paragraph
(1)shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a)) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur.” ";
(2)by striking subsection (c); and
(3)by redesignating subsection
(d)as subsection (c). SEC. 132. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B AIRCRAFT. Section 143 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1668](/us/stat/132/1668)) is amended—135 STAT. 1574(1) in paragraph (1), by striking “, unless otherwise approved in accordance with established procedures”; and
(2)in paragraph (2), by inserting “such” before “logistics support contract”. SEC. 133. PROHIBITION ON CERTAIN REDUCTIONS TO B–1 BOMBER AIRCRAFT SQUADRONS.(a) Prohibition.—During the covered period, the Secretary of the Air Force may not—(1) modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or
(2)reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1).
(b)Exception.—The prohibition under subsection
(a)shall not apply to an individual unit for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft.
(c)Definitions.—In this section:(1) The term “**covered period**” means the period beginning on the date of the enactment of this Act and ending on September 30, 2023.
(2)The term “**designed operational capability statement**” has the meaning given that term in Air Force Instruction 10–201. SEC. 134. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A–10 AIRCRAFT.(a) Prohibition.—Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2037](/us/stat/130/2037)), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft.
(b)Exception.—(1) Determination.In general.—The limitation under subsection
(a)shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap.
(2)Certification required.—If the Secretary determines under paragraph
(1)that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons.
(3)Certification additional.—Any certification submitted under paragraph
(2)shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2039](/us/stat/130/2039)).135 STAT. 1575 SEC. 135. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B–52 COMMERCIAL ENGINE REPLACEMENT PROGRAM.(a) Effective date.Reports.Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the research and development, design, procurement, or advanced procurement of materials for the B–52 Commercial Engine Replacement Program, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report described in [section 2432 of title 10, United States Code](/us/usc/t10/s2432), for the most recently concluded fiscal quarter for the B–52 Commercial Engine Replacement Program in accordance with subsection (b)(1).
(b)Additional Requirements.—(1) Treatment of baseline estimate.—The Secretary of Defense shall deem the Baseline Estimate for the B–52 Commercial Engine Replacement Program for fiscal year 2020 as the original Baseline Estimate for the Program.
(2)Unit cost reports and critical cost growth.—(A) Subject to subparagraph (B), the Secretary shall carry out sections 2433 and 2433a of [title 10, United States Code](/us/usc/t10), with respect to the B–52 Commercial Engine Replacement Program, as if the Department had submitted a Selected Acquisition Report for the Program that included the Baseline Estimate for the Program for fiscal year 2020 as the original Baseline Estimate, except that the Secretary shall not carry out subparagraph
(B)or subparagraph
(C)of section 2433a(c)(1) of such title with respect to the Program.
(B)In carrying out the review required by section 2433a of such title, the Secretary shall not enter into a transaction under section 2371 or 2371b of such title, exercise an option under such a transaction, or otherwise extend such a transaction with respect to the B–52 Commercial Engine Replacement Program except to the extent determined necessary by the milestone decision authority, on a non-delegable basis, to ensure that the program can be restructured as intended by the Secretary without unnecessarily wasting resources.
(c)Definitions.—In this section:(1) The term “**Baseline Estimate**” has the meaning given the term in [section 2433(a)(2) of title 10, United States Code](/us/usc/t10/s2433/a/2).
(2)The term “**milestone decision authority**” has the meaning given the term in [section 2366b(g)(3) of title 10, United States Code](/us/usc/t10/s2366b/g/3).
(3)The term “**original Baseline Estimate**” has the meaning given the term in [section 2435(d)(1) of title 10, United States Code](/us/usc/t10/s2435/d/1).
(4)The term “**Selected Acquisition Report**” means a Selected Acquisition Report submitted to Congress under [section 2432 of title 10, United States Code](/us/usc/t10/s2432). SEC. 136. LIMITATION ON AVAILABILITY OF FUNDS PENDING INFORMATION ON BRIDGE TANKER AIRCRAFT.(a) Reports.Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of the Air Force for travel expenses, 135 STAT. 1576 not more than thirty-five percent may be obligated or expended until—(1) the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees a report outlining the requirements for the bridge tanker aircraft; and
(2)the Secretary of the Air Force submits to the congressional defense committees—(A) Acquisition strategy.a report detailing the acquisition strategy for the bridge tanker aircraft;
(B)Certification.a certification identifying the amount of funds required for the acquisition of the bridge tanker aircraft; and
(C)Plan.a plan for the development of the advanced aerial refueling tanker aircraft (commonly referred to as the “KC–Z”).
(b)Bridge Tanker Aircraft Defined.—In this section, the term “**bridge tanker aircraft**” means the follow-on tanker aircraft (commonly referred to as the “KC–Y”). SEC. 137. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO CERTAIN AIR REFUELING TANKER AIRCRAFT.(a) Repeal of Minimum Inventory Requirements for KC–10A Aircraft.—Section 135 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3431](/us/stat/134/3431). is amended—(1) by striking subsection (b);
(2)by redesignating subsections
(c)through
(f)as subsections
(b)through (e), respectively;
(3)in subsection (b), as so redesignated, by striking “subsection (e)” and inserting “subsection (d)”; and
(4)by amending subsection (d), as so redesignated, to read as follows:"“(d) Time periods.Exceptions.—The requirement in subsection
(b)shall not apply to an aircraft otherwise required to be maintained by that subsection if the Secretary of the Air Force—“(1) Determination.at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, determines, on a case-by-case basis, that such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair; or “(2) Certification.Deadline.during fiscal year 2023, certifies in writing to the congressional defense committees, not later than 30 days before the date of divestment of such aircraft, that the Air Force can meet combatant command tanker aircraft requirements by leveraging Air National Guard and Air Force Reserve capacity with increased Military Personnel Appropriation
(MPA)Man-day Tours to the reserve force.” ".
(b)Limitation on Retirement of KC–135 Aircraft.—(1) Time period.Limitation.—Notwithstanding section 135 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) and except as provided in paragraph (2), the Secretary of the Air Force may not retire more than 18 KC–135 aircraft during the period beginning on the date of the enactment of this Act and ending on October 1, 2023.
(2)Determination.Exception.—The limitation in paragraph
(1)shall not apply to individual KC–135 aircraft that the Secretary of the 135 STAT. 1577 Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
(c)Prohibition on Reduction of KC–135 Aircraft in PMAI of the Reserve Components.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
(d)Primary Mission Aircraft Inventory Defined.—In this section, the term “**primary mission aircraft inventory**” has the meaning given that term in [section 9062(i)(2)(B) of title 10, United States Code](/us/usc/t10/s9062/i/2/B). SEC. 138. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.(a) Minimum Inventory Requirement.—During the covered period, the Secretary of the Air Force shall maintain a total inventory of tactical airlift aircraft of not less than 279 aircraft.
(b)Determination.Exception.—The Secretary of the Air Force may reduce the number of tactical airlift aircraft in the Air Force below the minimum number specified in subsection
(a)if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage.
(c)Covered Period Defined.—In this section, the term “**covered period**” means the period—(1) beginning on October 1, 2021; and
(2)ending on the later of—(A) October 1, 2022; or
(B)the date of the enactment of the next National Defense Authorization Act enacted after the date of the enactment of this Act. SEC. 139. REPORT RELATING TO REDUCTION OF TOTAL NUMBER OF TACTICAL AIRLIFT AIRCRAFT.(a) Plans.Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on any plans of the Air Force to reduce the total number of tactical airlift aircraft in the inventory of the Air Force.
(b)Elements.—The report required under subsection
(a)shall include, with respect to any plan of the Air Force to reduce the total number of tactical airlift aircraft—(1) the justification for such reduction;
(2)an explanation of whether and to what extent domestic operations was considered as part of such justification;
(3)Analysis.analysis of the role of domestic operations during concurrent contingency operations;
(4)Analysis.analysis of the C–130 aircraft force structures recommended to support wartime mobility requirements as set forth in—(A) the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [131 Stat. 1321](/us/stat/131/1321)); and
(B)the mobility capability requirements study conducted under section 1712 of the National Defense 135 STAT. 1578 Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1803](/us/stat/133/1803));
(5)the Secretary’s justification for any increased risk that may result from accepting a C–130 aircraft force structure smaller than the force structure recommended by such studies; and
(6)an explanation of whether and to what extent Governors of States that may be affected by the planned reduction were consulted as part of the decision making process.
(c)Form of Report.—The report required under subsection
(a)shall be submitted in unclassified form, but may include a classified annex. Subtitle E—Defense-wide, Joint, and Multiservice Matters SEC. 141. Effective dates.IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND SUSTAINMENT COST CONSTRAINTS FOR THE F–35 AIRCRAFT PROGRAM.(a) F–35A Quantity Limit for the Air Force.—(1) Limitation.—Beginning on October 1, 2028, the total number of F–35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of—(A) 1,763; or
(B)the number obtained by—(i) multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number.
(2)Cost-per-tail factor.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—(A) the affordability cost target for F–35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by
(B)a number equal to the average cost-per-tail-per-year of the F–35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (f)).
(b)F–35B Quantity Limit for the Marine Corps.—(1) Limitation.—Beginning on October 1, 2028, the total number of F–35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of—(A) 353; or
(B)the number obtained by—(i) multiplying 353 by the cost-per-tail factor determined under paragraph (2); and
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number.
(2)Cost-per-tail factor.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—(A) the affordability cost target for F–35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by135 STAT. 1579
(B)a number equal to the average cost-per-tail-per-year of the F–35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)).
(c)F–35C Quantity Limit for the Navy.—(1) Limitation.—Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of—(A) 273; or
(B)the number obtained by—(i) multiplying 273 by the cost-per-tail factor determined under paragraph (2); and
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number.
(2)Cost-per-tail factor.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—(A) the affordability cost target for F–35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by
(B)a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)).
(d)F–35C Quantity Limit for the Marine Corps.—(1) Limitation.—Beginning on October 1, 2028, the total number of F–35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of—(A) 67; or
(B)the number obtained by—(i) multiplying 67 by the cost-per-tail factor determined under paragraph (2); and
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number.
(2)Cost-per-tail factor.—For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—(A) the affordability cost target for F–35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by
(B)a number equal to the average cost-per-tail-per-year of the F–35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)).
(e)Deadlines.Certifications.Determination of Required Affordability Cost Targets.—(1) Air force.—Not later than October 1, 2025, the Secretary of the Air Force shall—(A) determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35A aircraft of the Air force for fiscal year 2027; and
(B)submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A).135 STAT. 1580
(2)Navy and marine corps.—Not later than October 1, 2025, the Secretary of the Navy shall—(A) determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35B aircraft of the Marine Corps for fiscal year 2027;
(B)determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Navy for fiscal year 2027;
(C)determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F–35C aircraft of the Marine Corps for fiscal year 2027; and
(D)submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs
(A)through (C).
(f)Determination of Actual Cost-per-tail-per-year for Fiscal Year 2027.——(1) Deadline.In general.—Not later than 90 days after the end of fiscal year 2027—(A) the Secretary of the Air Force shall determine the average cost-per-tail of the F–35A aircraft of the Air Force during fiscal year 2027; and
(B)the Secretary of the Navy shall determine the average cost-per-tail of—(i) the F–35B aircraft of the Marine Corps during fiscal year 2027;
(ii)the F–35C aircraft of the Navy during fiscal year 2027; and
(iii)the F–35C aircraft of the Marine Corps during fiscal year 2027.
(2)Calculation.—For purposes of paragraph (1), the average cost-per-tail of a variant of an F–35 aircraft of an Armed Force shall be determined by—(A) adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for—(i) unit level manpower;
(ii)unit operations;
(iii)maintenance;
(iv)sustaining support;
(v)continuing system support; and
(vi)modifications; and
(B)dividing the sum obtained under subparagraph
(A)by the average number of such aircraft in the inventory of the Armed Force during such fiscal year.
(g)Certification.Waiver Authority.—The Secretary of Defense may waive the quantity limits under any of subsections
(a)through
(d)if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F–35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements 135 STAT. 1581 of the combatant commanders. The authority of the Secretary under this subsection may not be delegated.
(h)Aircraft Defined.—In this section, the term “**aircraft**” means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country. SEC. 142. Deadlines.TRANSFER OF F–35 PROGRAM RESPONSIBILITIES FROM THE F–35 JOINT PROGRAM OFFICE TO THE DEPARTMENT OF THE AIR FORCE AND THE DEPARTMENT OF THE NAVY.(a) Transfer of Functions.—(1) Sustainment functions.—Not later than October 1, 2027, the Secretary of Defense shall transfer all functions relating to the management, planning, and execution of sustainment activities for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows:(A) All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions.
(B)All functions of the F–35 Joint Program Office relating to the management, planning, and execution of sustainment activities for F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions.
(2)Acquisition functions.—Not later than October 1, 2029, the Secretary of Defense shall transfer all acquisition functions for the F–35 aircraft program from the F–35 Joint Program Office to the Secretary of the Air Force and the Secretary of the Navy as follows:(A) All functions of the F–35 Joint Program Office relating to the acquisition of F–35B and F–35C aircraft shall be transferred to the Department of the Navy, and the Secretary of the Navy shall be the official in the Department of Defense with principal responsibility for carrying out such functions.
(B)All functions of the F–35 Joint Program Office relating to the acquisition of F–35A aircraft shall be transferred to the Department of the Air Force, and the Secretary of the Air Force shall be the official in the Department of Defense with principal responsibility for carrying out such functions.
(b)Coordination.Transition Plan.—Not later than October 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a plan for carrying out the transfers required under subsection (a).135 STAT. 1582 SEC. 143. LIMITATION ON AVAILABILITY OF FUNDS FOR AIR-BASED AND SPACE-BASED GROUND MOVING TARGET INDICATOR CAPABILITIES.(a) Review of Redundancies.—The Secretary of Defense shall conduct a review of all established and planned efforts to provide air-based and space-based ground moving target indicator capability to identify, eliminate, and prevent redundancies of such efforts across the Department of Defense.
(b)Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the capability described in subsection (a), not more than 75 percent may be obligated or expended for procurement or research and development for such capability until the date on which the Vice Chairman of the Joint Chiefs of Staff submits to the congressional defense committees the information required under subsection (c).
(c)Consultation.Information Required.—The Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such other agencies as the Secretary of Defense considers relevant to the ground moving target indicator capability described in subsection (a), shall submit to the congressional defense committees the following:(1) List.A list of all procurement and research and development efforts relating to the capability that are funded by—(A) the Department of Defense; or
(B)any other department or agency of the Federal Government.
(2)A description of how the efforts described in paragraph
(1)will—(A) provide real-time information to relevant military end users through the use of air battle managers; and
(B)meet the needs of combatant commanders with respect to priority target tasking.
(3)Analysis.Compliance.Analysis of whether, and to what extent, the efforts described in paragraph
(1)comply with—(A) the joint all domain command and control requirements and standards of the Department; and
(B)the validated requirements of the Joint Requirements Oversight Council with respect to ground moving target indicator capabilities.
(4)Identification of any potential areas of overlap among the efforts described in paragraph (1). SEC. 144. Time period.LIMITATION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF AIRCRAFT SYSTEMS FOR THE ARMED OVERWATCH PROGRAM. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the procurement of aircraft systems for the armed overwatch program of the United States Special Operations Command may be obligated or expended until a period of 15 days has elapsed following the date on which the acquisition roadmap required by section 165(a) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is submitted to the congressional defense committees. SEC. 145. ANALYSIS OF CERTAIN RADAR INVESTMENT OPTIONS.(a) Analysis Required.—135 STAT. 1583
(1)In general.—The Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating in the Navy and the Missile Defense Agency over the period covered by the most recent future-years defense program submitted to Congress under [section 221 of title 10, United States Code](/us/usc/t10/s221).
(2)Assessments.Elements.—The analysis conducted under paragraph
(1)shall include the following:(A) Cost estimate.An independent cost estimate of each covered radar system described in paragraph
(1)and each variant thereof.
(B)An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats.
(C)In the case of covered radar systems operating in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments.
(b)Report.—Not later than May 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report that includes the following:(1) The results of the analysis conducted under subsection (a)(1).
(2)Recommenda-tions.Time period.Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether—(A) to continue to develop and maintain each covered radar system separately; or
(B)to pursue fewer configurations of such systems.
(c)Covered Radar Systems Defined.—In this section, the term “**covered radar systems**” means radar systems with the following designations an any variants thereof:(1) AN/SPY–1.
(2)AN/SPY–3.
(3)AN/SPY–6.
(4)AN/SPY–7. SEC. 146. REVIEW AND BRIEFING ON FIELDED MAJOR WEAPON SYSTEMS.(a) Deadline.Review and Briefing Required.—Not later than March 1, 2023, the Secretary of Defense shall conduct a review, and provide a briefing to the congressional defense committees, on the processes of the Department of Defense for the management of strategic risk with respect to capabilities of fielded major weapon systems funded in the most recent future-years defense program submitted to Congress under [section 221 of title 10, United States Code](/us/usc/t10/s221), including a description of the analytical and implementation methodologies used—(1) to ensure that fielded major weapon systems meet current and emerging military threats;
(2)to upgrade or replace any fielded major weapon systems that is not capable of effectively meeting operational requirements or current, evolving, or emerging threats; and
(3)to develop and implement plans for the replacement and divestment of fielded major weapon systems that address 135 STAT. 1584 lower-priority military threats, as determined by intelligence assessments and operational requirements.
(b)Major Weapon System Defined.—In this section, the term “**major weapon system**” has the meaning given such term under [section 2379(f) of title 10, United States Code](/us/usc/t10/s2379/f). SEC. 147. Time period.REPORTS ON EXERCISE OF WAIVER AUTHORITY WITH RESPECT TO CERTAIN AIRCRAFT EJECTION SEATS. Not later than February 1, 2022, and on a semiannual basis thereafter through February 1, 2024, the Secretary of the Air Force and the Secretary of the Navy shall each submit to the congressional defense committees a report that includes, with respect to each location at which active flying operations are conducted or planned as of the date report—(1) the number of aircrew ejection seats installed in the aircraft used, or expected to be used, at such location;
(2)of the ejection seats identified under paragraph (1), the number that have been, or are expected to be, placed in service subject to a waiver due to—(A) deferred maintenance; or
(B)the inability to obtain parts to make repairs or to fulfill time-compliance technical orders; and
(3)for each ejection seat subject to a waiver as described in paragraph (2)—(A) the date on which the waiver was issued; and
(B)the name and title of the official who authorized the waiver. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A— Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B— Program Requirements, Restrictions, and Limitations Sec. 211. Codification of National Defense Science and Technology Strategy. Sec. 212. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 213. Duties and regional activities of the Defense Innovation Unit. Sec. 214. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 215. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 216. Improvements relating to steering committee on emerging technology and national security threats. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. Sec. 219. Technical correction to pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense. Sec. 220. Defense research and engineering activities at minority institutions. Sec. 221. Test program for engineering plant of DDG(X) destroyer vessels. Sec. 222. Consortium to study irregular warfare. Sec. 223. Development and implementation of digital technologies for survivability and lethality testing. Sec. 224. Assessment and correction of deficiencies in the pilot breathing systems of tactical fighter aircraft. Sec. 225. Identification of the hypersonics facilities and capabilities of the Major Range and Test Facility Base.135 STAT. 1585 Sec. 226. Review of artificial intelligence applications and establishment of performance metrics. Sec. 227. Modification of the joint common foundation program. Sec. 228. Executive education on emerging technologies for senior civilian and military leaders. Sec. 229. Activities to accelerate development and deployment of dual-use quantum technologies. Sec. 230. National Guard participation in microreactor testing and evaluation. Sec. 231. Pilot program on the use of private sector partnerships to promote technology transition. Sec. 232. Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the Department of Defense. Sec. 233. Pilot programs for deployment of telecommunications infrastructure to facilitate 5G deployment on military installations. Sec. 234. Limitation on development of prototypes for the Optionally Manned Fighting Vehicle pending requirements analysis. Sec. 235. Limitation on transfer of certain operational flight test events and reductions in operational flight test capacity. Sec. 236. Limitation on availability of funds for certain C–130 aircraft. Sec. 237. Limitation on availability of funds for VC–25B aircraft program pending submission of documentation. Sec. 238. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C— Plans, Reports, and Other Matters Sec. 241. Modification to annual report of the Director of Operational Test and Evaluation. Sec. 242. Adaptive engine transition program acquisition strategy for the F–35A aircraft. Sec. 243. Acquisition strategy for an advanced propulsion system for F–35B and F–35C aircraft. Sec. 244. Assessment of the development and test enterprise of the Air Force Research Laboratory. Sec. 245. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 246. Report on autonomy integration in major weapon systems. Sec. 247. Reports and briefings on recommendations of the National Security Commission on Artificial Intelligence regarding the Department of Defense. Subtitle A—Authorization of Appropriations SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. Subtitle B—Program Requirements, Restrictions, and Limitations SEC. 211. CODIFICATION OF NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY.(a) In General.—[Chapter 2 of title 10, United States Code](/us/usc/t10/ch2), as amended by section 1081 of this Act, is further amended by inserting before section 119, the following new section:"“§ 118c.[10 USC 118c](/us/usc/t10/s118c). National Defense Science and Technology Strategy“(a) In General.—The Secretary of Defense shall develop a strategy—“(1) to articulate the science and technology priorities, goals, and investments of the Department of Defense;135 STAT. 1586 “(2) Recommenda-tions.to make recommendations on the future of the defense research and engineering enterprise and its continued success in an era of strategic competition; and “(3) to establish an integrated approach to the identification, prioritization, development, and fielding of emerging capabilities and technologies. “(b) Elements.—The strategy required under subsection
(a)shall—“(1) inform the development of each National Defense Strategy under section 113(g) of this title and be aligned with Government-wide strategic science and technology priorities, including the defense budget priorities of the Office of Science and Technology Policy of the President; “(2) link the priorities, goals, and investments in subsection (a)(1) with needed critical enablers to specific programs, or broader portfolios, including—“(A) personnel and workforce capabilities; “(B) facilities for research and test infrastructure; “(C) relationships with academia, the acquisition community, the operational community, the defense industry, and the commercial sector; and “(D) funding, investments, personnel, facilities, and relationships with other departments and agencies of the Federal Government outside the Department of Defense without which defense capabilities would be severely degraded; “(3) support the coordination of acquisition priorities, programs, and timelines of the Department with the activities of the defense research and engineering enterprise; “(4) Recommenda-tions.include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the strategy; “(5) identify mechanisms that may be used to identify critical capabilities and technological applications required to address operational challenges outlined in the National Defense Strategy under section 113(g) of this title; “(6) identify processes to inform senior leaders and policy makers on the potential impacts of emerging technologies for the purpose of shaping the development of policies and regulations; “(7) support the efficient integration of capabilities and technologies to close near-term, mid-term, and long-term capability gaps; “(8) support the development of appropriate investments in research and technology development within the Department, and appropriate partnerships with the defense industry and commercial industry; and “(9) identify mechanisms to provide information on defense technology priorities to industry to enable industry to invest deliberately in emerging technologies to build and broaden the capabilities of the industrial base. “(c) Coordination.—The Secretary of Defense shall develop the strategy under subsection
(a)in coordination with relevant entities within the Office of the Secretary of Defense, the military departments, the research organizations of Defense Agencies and Department of Defense Field Activities, the intelligence community, 135 STAT. 1587 defense and technology industry partners, research and development partners, other Federal research agencies, allies and partners of the United States, and other appropriate organizations. “(d) Considerations.—In developing the strategy under subsection (a), the Secretary of Defense shall consider—“(1) the operational challenges identified in the National Defense Strategy and the technological threats and opportunities identified through the global technology review and assessment activities of the Department of Defense, the intelligence community, and other technology partners; “(2) current military requirements and emerging technologies in the defense and commercial sectors; “(3) the capabilities of foreign near-peer and peer nations; “(4) the need to support the development of a robust trusted and assured industrial base to manufacture and sustain the technologies and capabilities to meet defense requirements; and “(5) near-term, mid-term, and long-term technology and capability development goals. “(e) Reports.—“(1) Subsequent reports and updates.—Not later than February 1 of the year following each fiscal year in which the National Defense Strategy is submitted under section 113(g) of this title, the Secretary of Defense shall submit to the congressional defense committees a report that includes an updated version of the strategy under subsection (a). Each update to such strategy shall be prepared for purposes of such report based on emerging requirements, technological developments in the United States, and technical intelligence derived from global technology reviews conducted by the Secretary of Defense. “(2) Form of reports.—The reports submitted under paragraph
(1)may be submitted in a form determined appropriate by the Secretary of Defense, which may include classified, unclassified, and publicly releasable formats, as appropriate. “(f) Deadline.Briefing.—Not later than 90 days after the date on which the strategy under subsection
(a)is completed, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the implementation plan for the strategy. “(g) Designation.—The strategy developed under subsection
(a)shall be known as the ‘National Defense Science and Technology Strategy’.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter10 USCprec. 111. is amended by inserting before the item relating to section 119 the following new item:" “118c. National Defense Science and Technology Strategy.”. "
(c)Conforming Repeal.—Section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1679](/us/stat/132/1679)) is repealed.
(d)Conforming Amendment.—[Section 2358b(c)(2)(B)(ii) of title 10, United States Code](/us/usc/t10/s2358b/c/2/B/ii), is amended by striking “section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1679](/us/stat/132/1679))” and inserting “section 118c of this title”.135 STAT. 1588 SEC. 212. CODIFICATION OF DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION LABORATORIES FOR ADVANCED DEGREE HOLDERS.(a) In General.—[Section 2358a of title 10, United States Code](/us/usc/t10/s2358a), is amended—(1) by redesignating subsection
(f)as subsection (g); and
(2)by inserting after subsection
(e)the following new subsection (f):"“(f) Direct Hire Authority at Personnel Demonstration Laboratories for Advanced Degree Holders.—“(1) Authority.—The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph
(2)without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. “(2) Applicability.—This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 4121(b) of this title as a Department of Defense science and technology reinvention laboratory. “(3) Limitation.—(A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. “(B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis.” ".
(b)Repeal.—Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4618](/us/stat/122/4618) )[10 USC note](/us/usc/t10)prec. 1580. is hereby repealed.
(c)Conforming Amendments.—(1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2223a note](/us/usc/t10/s2223a)) is amended by striking “in section 2358a(f)(3) of” and inserting “in section 2358a(g) of”.
(2)Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “in section 2358a(f) of” and inserting “in section 2358a(g) of”.
(3)Section 249(g)(1)(C) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 4001 note](/us/usc/t10/s4001). is amended by striking “in section 2358a(f)(3) of” and inserting “in section 2358a(g) of”. SEC. 213. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE INNOVATION UNIT.(a) Duties of DIU Joint Reserve Detachment.—Clause
(ii)of [section 2358b(c)(2)(B) of title 10, United States Code](/us/usc/t10/s2358b/c/2/B), is amended to read as follows:"“(ii) the technology requirements of the Department of Defense, as identified in the most recent—“(I) National Defense Strategy; “(II) National Defense Science and Technology Strategy as directed under section 218 of the John S. McCain National Defense Authorization Act for 135 STAT. 1589 Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1679](/us/stat/132/1679)); and “(III) relevant policy and guidance from the Secretary of Defense; and” ".
(b)[10 USC 4061 note](/us/usc/t10/s4061).Regional Activities.—Subject to the availability of appropriations for such purpose, the Secretary of Defense may expand the efforts of the Defense Innovation Unit to engage and collaborate with private-sector industry and communities in various regions of the United States—(1) to accelerate the adoption of commercially developed advanced technology in modernization priority areas and such other key technology areas as may be identified by the Secretary; and
(2)to expand outreach to communities that do not otherwise have a Defense Innovation Unit presence, including economically disadvantaged communities. SEC. 214. CODIFICATION OF REQUIREMENT FOR DEFENSE ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.(a) In General.—[Chapter 301 of title 10, United States Code](/us/usc/t10/ch301), as added by section 1841 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) and amended by this Act, is further amended by inserting after section 4007 the following new section:"“§ 4010.[10 USC 4010](/us/usc/t10/s4010). Defense Established Program to Stimulate Competitive Research“(a) Program Required.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. “(b) Program Objectives.—The objectives of the program are as follows:“(1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. “(2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. “(3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. “(c) Program Activities.—In order to achieve the program objectives, the following activities are authorized under the program:“(1) Grants.Competitive award of grants for research and instrumentation to support such research. “(2) Competitive award of financial assistance for graduate students. “(3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States 135 STAT. 1590 through collaboration between Department of Defense laboratories and such researchers. “(4) Any other activities that are determined necessary to further the achievement of the objectives of the program. “(d) Designation.Eligible States.—(1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. “(2) Designation.Determination.The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary—“(A) Time periods.the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1/50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and “(B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. “(3) Time period.The Under Secretary shall not remove a designation of a State under paragraph
(2)because the State exceeds the funding levels specified under subparagraph
(A)of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. “(e) Consultation.Coordination With Similar Federal Programs.—(1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. “(2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. “(3) A State committee referred to in paragraph
(2)shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. “(f) State Defined.—In this section, the term ‘**State**’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.” ".135 STAT. 1591
(b)Clerical Amendment.—The table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) and amended by this Act,[10 USC ](/us/usc/t10)prec. 4001. is further amended by striking the item relating to section 4010 and inserting the following new item:" “4010. Defense Established Program to Stimulate Competitive Research.”. "
(c)Conforming Repeals.—(1) Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia ([Public Law 105–18](/us/pl/105/18); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is repealed.
(2)Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 ([Public Law 103–337](/us/pl/103/337); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is repealed.
(d)[10 USC 4010 note](/us/usc/t10/s4010).Effective Date.—This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)). SEC. 215. CODIFICATION OF AUTHORITIES RELATING TO DEPARTMENT OF DEFENSE SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.(a) In General.—[Subchapter III of chapter 303 of title 10, United States Code](/us/usc/t10/ch303/schIII), as added by section 1842 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is amended by inserting after the heading for subchapter III the following new section:"“§ 4121.[10 USC 4121](/us/usc/t10/s4121). Science and technology reinvention laboratories: authority and designation“(a) In General.—(1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. “(2)(A) Each personnel demonstration project carried out under the authority of paragraph
(1)shall be generally similar in nature to the China Lake demonstration project. “(B) California.For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ([Public Law 98–224](/us/pl/98/224)) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. “(3) Applicability.If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that—“(A) subsection
(d)of such section 4703 shall not apply to the demonstration project; “(B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph
(1)rather than the authority which is provided in such section 4703; and “(C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research 135 STAT. 1592 and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). “(4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. “(5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. “(b) Designation of Laboratories.—Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a):“(1) The Air Force Research Laboratory. “(2) The Joint Warfare Analysis Center. “(3) The Army Research Institute for the Behavioral and Social Sciences. “(4) The Combat Capabilities Development Command Armaments Center. “(5) The Combat Capabilities Development Command Army Research Laboratory. “(6) The Combat Capabilities Development Command Aviation and Missile Center. “(7) The Combat Capabilities Development Command Chemical Biological Center. “(8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. “(9) The Combat Capabilities Development Command Ground Vehicle Systems Center. “(10) The Combat Capabilities Development Command Soldier Center. “(11) The Engineer Research and Development Center. “(12) The Medical Research and Development Command. “(13) The Technical Center, US Army Space and Missile Defense Command. “(14) The Naval Air Systems Command Warfare Centers. “(15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. “(16) The Naval Information Warfare Centers, Atlantic and Pacific. “(17) The Naval Medical Research Center. “(18) The Naval Research Laboratory. “(19) The Naval Sea Systems Command Warfare Centers. “(20) The Office of Naval Research. “(c) Conversion Procedures.—The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system 135 STAT. 1593 under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection—“(1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; “(2) shall be consistent with section 4703(f) of title 5; “(3) Deadline.shall be completed within 18 months after designation; and “(4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). “(d) Limitation.—The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization.” ".
(b)Clerical Amendment.—The table of sections at the beginning of chapter 303 of such title, as added by section 1842 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[10 USC ](/us/usc/t10)prec. 4061. is amended by striking the item relating to section 4121 and inserting the following:" “4121. Science and technology reinvention laboratories: authority and designation.”. "
(c)Conforming Repeals.—(1) Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is hereby repealed.
(2)Subsection
(b)of section 342 of the National Defense Authorization Act for Fiscal Year 1995 ([Public Law 103–337](/us/pl/103/337); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is hereby repealed.
(d)Conforming Amendments.—(1) Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 ([Public Law 108–136](/us/pl/108/136); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “section 342 of the National Defense Authorization Act for Fiscal Year 1995 ([Public Law 103–337](/us/pl/103/337); [108 Stat. 2721](/us/stat/108/2721))” and inserting “[section 4121(a) of title 10, United States Code](/us/usc/t10/s4121/a)”.
(2)Section 1107 of the National Defense Authorization Act for Fiscal Year 2008[10 USC 4121 note](/us/usc/t10/s4121). ([Public Law 110–181](/us/pl/110/181); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended—(A) by amending subsection
(a)to read as follows:"“(e) Requirement.—The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection
(a)of [section 4121 of title 10, United States Code](/us/usc/t10/s4121), to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection
(b)of such section as Department of Defense science and technology reinvention laboratories.” ";
(B)in subsection (c), by striking “designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [123 Stat. 2486](/us/stat/123/2486))” and inserting “designated by [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”; and
(C)in subsection (e)(3), by striking “section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a))” and inserting “[section 4121(a) of title 10, United States Code](/us/usc/t10/s4121/a)”.
(3)Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “specified in section 1105(a) of the National 135 STAT. 1594 Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [123 Stat. 2486](/us/stat/123/2486); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “designated under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”.
(4)Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “(as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “(as designated under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b))”.
(5)Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [10 U.S.C. 1580 note](/us/usc/t10/s1580) prec.) is amended by striking “section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [123 Stat. 2486](/us/stat/123/2486); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “[section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”.
(6)Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358)), as amended” and inserting “under section 4121(b)of [title 10, United States Code](/us/usc/t10)”.
(7)Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ([10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “as designated under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”.
(8)Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”.
(9)Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”.
(10)Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 223a note](/us/usc/t10/s223a)) is amended by striking “(as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358)))” and inserting “(as designated under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b))”.
(11)Section 249 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 4001 note](/us/usc/t10/s4001). is amended—(A) in subsection (e)(1)(A), by striking “under [section 2358a of title 10, United States Code](/us/usc/t10/s2358a)” and inserting “under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”; and
(B)in subsection (g)(1)(B) by striking “under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “under [section 4121(b) of title 10, United States Code](/us/usc/t10/s4121/b)”.
(12)[Section 2124(h)(3) of title 10, United States Code](/us/usc/t10/s2124/h/3), as redesignated by section 1843(b)(1) of the William M.
(Mac)135 STAT. 1595 Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[10 USC 4124](/us/usc/t10/s4124). is amended by striking “designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “designated under section 4121(b) of this title”.
(13)[Section 4091 of title 10, United States Code](/us/usc/t10/s4091), as redesignated by section 1843(b)(1) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is amended—(A) in subsection (b), by striking “designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” both places it appears and inserting “designated by section 4121(b) of this title”; and
(B)in subsection (d)(2), by striking “pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ([Public Law 103–337](/us/pl/103/337); [10 U.S.C. 2358 note](/us/usc/t10/s2358))” both places it appears and inserting “pursuant to section 4121(a) of this title”.
(14)[Section 4094(f) of title 10, United States Code](/us/usc/t10/s4094/f), as transferred and redesignated by this Act, is amended by striking “by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ([10 U.S.C. 2358 note](/us/usc/t10/s2358))” and inserting “by section 4121(b) of this title”.
(e)[10 USC 4091 note](/us/usc/t10/s4091).Effective Date.—This section and the amendments and repeals made by this section shall take effect immediately after the effective date of the amendments made by title XVIII of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)). SEC. 216. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON EMERGING TECHNOLOGY AND NATIONAL SECURITY THREATS. Section 236 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 4001 note](/us/usc/t10/s4001)., is amended—(1) in subsection (a), by striking “may” and inserting “and the Director of National Intelligence may jointly”;
(2)in subsection (b), by—(A) by striking paragraphs
(3)through (8); and
(B)by inserting after paragraph
(2)the following:"“(3) The Principal Deputy Director of National Intelligence. “(4) Such other officials of the Department of Defense and intelligence community as the Secretary of Defense and the Director of National Intelligence jointly determine appropriate.” ";
(3)by redesignating subsections
(c)through
(e)as subsections
(d)through (f), respectively;
(4)by inserting after subsection
(b)the following:"“(c) Leadership.—The Steering Committee shall be chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal Deputy Director of National Intelligence jointly.” ";
(5)in subsection (d), as redesignated by paragraph (3)—(A) in paragraph (1)—(i) by striking “a strategy” and inserting “strategies”;135 STAT. 1596
(ii)by inserting “and intelligence community” after “United States military”; and
(iii)by inserting “and National Intelligence Strategy, and consistent with the National Security Strategy” after “National Defense Strategy”;
(B)in paragraph (3)—(i) in the matter before subparagraph (A), by inserting “and the Director of National Intelligence” after “the Secretary of Defense”;
(ii)in subparagraph (A), by striking “strategy” and inserting “strategies”;
(iii)in subparagraph (D), by striking “; and” and inserting a semicolon;
(iv)by redesignating subparagraph
(E)as subparagraph (F); and
(v)by inserting after subparagraph
(D)the following:"“(E) any changes to the guidance for developing the National Intelligence Program budget required by section 102A(c)(1)(A) of the National Security Act of 1947 ([50 U.S.C. 3024(c)(1)(A)](/us/usc/t50/s3024/c/1/A)), that may be required to implement the strategies under paragraph (1); and” "; and
(vi)in subparagraph (F), as redesignated by clause (iv), by inserting “and the intelligence community” after “Department of Defense”; and
(C)in paragraph (4), by inserting “and Director of National Intelligence, jointly” after “Secretary of Defense”;
(6)by amending subsection (e), as redesignated by paragraph (3), to read as follows:"“(e) Definitions.—In this section:“(1) The term ‘**emerging technology**’ means technology jointly determined to be in an emerging phase of development by the Secretary of Defense and the Director of National Intelligence, including quantum information science and technology, data analytics, artificial intelligence, autonomous technology, advanced materials, software, high performance computing, robotics, directed energy, hypersonics, biotechnology, medical technologies, and such other technology as may be jointly identified by the Secretary and the Director. “(2) The term ‘**intelligence community**’ has the meaning given such term in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](/us/usc/t50/s3003)).” "; and
(7)in subsection (f), as redesignated by paragraph (3), by striking “October 1, 2024” and inserting “October 1, 2025”. SEC. 217. IMPROVEMENTS RELATING TO NATIONAL NETWORK FOR MICROELECTRONICS RESEARCH AND DEVELOPMENT. Section 9903(b) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[15 USC 4653](/us/usc/t15/s4653). is amended—(1) in paragraph (1), in the matter preceding subparagraph (A), by striking “may” and inserting “shall”; and
(2)by adding at the end the following new paragraph:"“(3) Selection of entities.—“(A) In general.—In carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in 135 STAT. 1597 paragraph
(2)as part of the network established under paragraph (1). “(B) Geographic diversity.—The Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph
(A)collectively represent the geographic diversity of the United States.” ". SEC. 218. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT DEPARTMENT OF DEFENSE MISSIONS. Section 217 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended—(1) by amending subsection
(c)to read as follows:"“(c) Consultation With Other Organizations.—For the purposes of providing technical expertise and reducing costs and duplicative efforts, the Secretary of Defense and the Secretaries of the military departments shall work to ensure and support the sharing of information on the research and consulting that is being carried out across the Federal Government in Department-wide shared information systems including the Defense Technical Information Center.” ";
(2)in subsection (e)—(A) by redesignating paragraph
(31)as paragraph (36); and
(B)by inserting after paragraph
(30)the following new paragraphs:"“(31) Nuclear science, security, and nonproliferation. “(32) Chemical, biological, radiological, and nuclear defense. “(33) Spectrum activities. “(34) Research security and integrity. “(35) Printed circuit boards.” "; and
(3)in subsection (g), by striking “2026” and inserting “2028”. SEC. 219. TECHNICAL CORRECTION TO PILOT PROGRAM FOR THE ENHANCEMENT OF THE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION CENTERS OF THE DEPARTMENT OF DEFENSE. Section 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 2358 note](/us/usc/t10/s2358)) is amended by striking “Chief Management Officer” and inserting “Deputy Secretary of Defense or a designee of the Deputy Secretary”. SEC. 220. DEFENSE RESEARCH AND ENGINEERING ACTIVITIES AT MINORITY INSTITUTIONS.(a) Plan to Promote Defense Research at Minority Institutes.—(1) In general.—The Secretary of Defense shall develop a plan to promote defense-related engineering, research, and development activities at minority institutions for the purpose of elevating the capacity of such institutions in those areas.
(2)Assessments.Elements.—The plan under paragraph
(1)shall include the following:(A) An assessment of the engineering, research, and development capabilities of minority institutions, including 135 STAT. 1598 an assessment of the workforce and physical research infrastructure of such institutions.
(B)An assessment of the ability of minority institutions—(i) to participate in defense-related engineering, research, and development activities; and
(ii)to effectively compete for defense-related engineering, research, and development contracts.
(C)An assessment of the activities and investments necessary—(i) to elevate minority institutions or a consortium of minority institutions (including historically black colleges and universities) to R1 status on the Carnegie Classification of Institutions of Higher Education;
(ii)to increase the participation of minority institutions in defense-related engineering, research, and development activities; and
(iii)to increase the ability of such institutions ability to effectively compete for defense-related engineering, research, and development contracts.
(D)Recommenda-tions.Recommendations identifying actions that may be taken by the Secretary, Congress, minority institutions, and other organizations to increase the participation of minority institutions in defense-related engineering, research, and development activities and contracts.
(E)The specific goals, incentives, and metrics developed by the Secretary under subparagraph
(D)to increase and measure the capacity of minority institutions to address the engineering, research, and development needs of the Department.
(3)Determination.Consultation.—In developing the plan under paragraph (1), the Secretary of Defense shall consult with such other public and private sector organizations as the Secretary determines appropriate.
(4)Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—(A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and
(B)Public information.Web posting.make the plan available on a publicly accessible website of the Department of Defense.
(b)Contracts.Grants.[10 USC 4144 note](/us/usc/t10/s4144).Activities to Support the Research and Engineering Capacity of Historically Black Colleges and Universities and Minority Institutions.—(1) In general.—Subject to the availability of appropriations, the Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2).
(2)Purposes.—The purposes described in this paragraph are the following:(A) Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities.
(B)Improving the capability of such institutions to recruit and retain research faculty, and to participate in 135 STAT. 1599 appropriate personnel exchange programs and educational and career development activities.
(C)Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions.
(c)Increasing Partnerships for Minority Institutions With National Security Research and Engineering Organizations.—[Section 2362 of title 10, United States Code](/us/usc/t10/s2362), is amended—(1) in subsection (a), by striking “Assistant Secretary” each place it appears and inserting “Under Secretary”; and
(2)in subsection (d)—(A) by striking “The Secretary of Defense may” and inserting the following:"“(1) The Secretary of Defense may” "; and
(B)by adding at the end the following paragraph:"“(2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense—“(A) Assessment.to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and “(B) if appropriate, to enter into partnerships and collaborations with such institutions.” ".
(d)[10 USC 4144 note](/us/usc/t10/s4144).Minority Institution Defined.—In this section, the term “**minority institution**” means a covered educational institution (as defined in [section 2362 of title 10, United States Code](/us/usc/t10/s2362)). SEC. 221. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X) DESTROYER VESSELS.(a) Test Program Required.—During the detailed design period and prior to the construction start date of the lead ship in the DDG(X) destroyer class of vessels, the Secretary of the Navy shall commence a land-based test program for the engineering plant of such class of vessels.
(b)Administration.—The test program required by subsection
(a)shall be administered by the Senior Technical Authority for the DDG(X) destroyer class of vessels.
(c)Elements.—The test program required by subsection
(a)shall include, at a minimum, testing of the following equipment in vessel-representative form:(1) Electrical propulsion motor.
(2)Other propulsion drive train components.
(3)Main propulsion system.
(4)Electrical generation and distribution systems.
(5)Machinery control systems.
(6)Power control modules.
(d)Test Objectives.—The test program required by subsection
(a)shall include, at a minimum, the following test objectives demonstrated across the full range of engineering plant operations for the DDG(X) destroyer class of vessels:(1) Test of a single shipboard representative propulsion drive train.135 STAT. 1600
(2)Test and facilitation of machinery control systems integration.
(3)Simulation of the full range of electrical demands to enable the investigation of load dynamics between the hull, mechanical and electrical equipment, the combat system, and auxiliary equipment.
(e)Completion Date.—The Secretary of the Navy shall complete the test program required by subsection
(a)by not later than the delivery date of the lead ship in the DDG(X) destroyer class of vessels.
(f)Definitions.—In this section:(1) Delivery date.—The term “**delivery date**” has the meaning given that term in [section 8671 of title 10, United States Code](/us/usc/t10/s8671).
(2)Senior technical authority.—The term “**Senior Technical Authority**” means the official designated as the Senior Technical Authority for the DDG(X) destroyer class of vessels pursuant to [section 8669b of title 10, United States Code](/us/usc/t10/s8669b). SEC. 222. [10 USC 342 note](/us/usc/t10/s342).CONSORTIUM TO STUDY IRREGULAR WARFARE.(a) Establishment.—The Secretary of Defense may establish a research consortium of institutions of higher education to study irregular warfare and the responses to irregular threats.
(b)Purposes.—The purposes of the consortium under subsection
(a)are as follows:(1) To shape the formulation and application of policy through the conduct of research and analysis regarding irregular warfare.
(2)To maintain open-source databases on issues relevant to understanding terrorism, irregular threats, and social and environmental change.
(3)To serve as a repository for datasets regarding research on security, social change, and irregular threats developed by institutions of higher education that receive Federal funding.
(4)To support basic research in social science on emerging threats and stability dynamics relevant to irregular threat problem sets.
(5)To transition promising basic research—(A) to higher stages of research and development; and
(B)into operational capabilities, as appropriate, by supporting applied research and developing tools to counter irregular threats.
(6)To facilitate the collaboration of research centers of excellence relating to irregular threats to better distribute expertise to specific issues and scenarios regarding such threats.
(7)To enhance educational outreach and teaching at professional military education schools to improve—(A) the understanding of irregular threats; and
(B)the integration of data-based responses to such threats.
(8)To support classified research when necessary in appropriately controlled physical spaces.
(9)To support the work of a Department of Defense Functional Center for Security Studies in Irregular Warfare if such Center is established pursuant to section 1299L of the William 135 STAT. 1601 M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(10)To carry out such other research initiatives relating to irregular warfare and irregular threats as the Secretary of Defense determines appropriate.
(c)Partnerships.—If the Secretary of Defense establishes a research consortium under subsection (a), the Secretary shall encourage partnerships between the consortium and university-affiliated research centers and other research institutions, as appropriate.
(d)Institution of Higher Education Defined.—In this section, the term “**institution of higher education**” has the meaning given that term in section 101 of the Higher Education Act of 1965 ([20 U.S.C. 1001](/us/usc/t20/s1001)). SEC. 223. [10 USC 4172 note](/us/usc/t10/s4172).DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR SURVIVABILITY AND LETHALITY TESTING.(a) Expansion of Survivability and Lethality Testing.—(1) Coordination.In general.—The Secretary, in coordination with covered officials, shall—(A) expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and
(B)develop digital technologies to test such systems against such threats throughout the life cycle of each such system.
(2)Development of digital technologies for live fire testing.—(A) Coordination.In general.—The Secretary, in coordination with covered officials, shall develop—(i) digital technologies to enable the modeling and simulation of the live fire testing required under [section 2366 of title 10, United States Code](/us/usc/t10/s2366); and
(ii)Data.a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i).
(B)Assessments.Objectives.—In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives:(i) Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats.
(ii)Inform the development and refinement of digital technology to test and improve covered systems.
(iii)Enable survivability and lethality assessments of the warfighting capabilities of a covered system with respect to—(I) communications;
(II)firepower;
(III)mobility;
(IV)catastrophic survivability; and
(V)lethality.
(C)Demonstration activities.—(i) In general.—The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A).135 STAT. 1602
(ii)Assessment.Program selection.—The Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i).
(iii)Armed forces programs.—Of the programs selected pursuant to clause (ii), the Director shall select—(I) at least one such program from the Army;
(II)at least one such program from the Navy or the Marine Corps; and
(III)at least one such program from the Air Force or the Space Force.
(3)Regular survivability and lethality testing throughout life cycle.—(A) Coordination.In general.—The Secretary, in coordination with covered officials, shall—(i) develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and
(ii)establish guidance for such testing.
(B)Determinations.Elements.—In carrying out subparagraph (A), the Secretary shall determine the following:(i) When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities.
(ii)The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities.
(b)Reports and Briefing.—(1) Assessment and selection of programs.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C).
(2)Modernization and digitization report.—(A) Assessments.In general.—Not later than March 15, 2023, the Director shall submit to the congressional defense committees a report that includes—(i) an assessment of the progress of the Secretary in carrying out subsection (a);
(ii)an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of—(I) the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and
(II)the risks, benefits, and costs of traditional physical live fire testing approaches that—(aa) are not supported by digital technologies;
(bb)do not include testing against non-kinetic threats; and135 STAT. 1603
(cc)do not include full spectrum survivability;
(iii)an explanation of—(I) how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology;
(II)the contribution of such data to the digital modernization efforts required under section 836 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)); and
(III)the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department;
(iv)an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats;
(v)an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and
(vi)an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats.
(B)Deadline.Briefing.—Not later than April 14, 2023, the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a).
(c)Definitions.—In this section:(1) The term “**covered officials**” means—(A) the Under Secretary of Defense for Research and Engineering;
(B)the Under Secretary of Defense for Acquisition and Sustainment;
(C)the Chief Information Officer;
(D)the Director;
(E)the Director of Cost Assessment and Program Evaluation;
(F)the Service Acquisition Executives;
(G)the Service testing commands;
(H)the Director of the Defense Digital Service; and
(I)representatives from—(i) the Department of Defense Test Resource Management Center;
(ii)the High Performance Computing Modernization Program Office; and
(iii)the Joint Technical Coordination Group for Munitions Effectiveness.
(2)The term “**covered system**” means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions.
(3)The term “**Department**” means the Department of Defense.
(4)The term “**digital technologies**” includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system.135 STAT. 1604
(5)The term “**Director**” means the Director of Operational Test and Evaluation.
(6)The term “**full spectrum survivability and lethality testing**” means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system.
(7)The term “**non-kinetic threats**” means unconventional threats, including—(A) cyber attacks;
(B)electromagnetic spectrum operations;
(C)chemical, biological, radiological, nuclear effects and high yield explosives; and
(D)directed energy weapons.
(8)The term “**Secretary**” means the Secretary of Defense. SEC. 224. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE PILOT BREATHING SYSTEMS OF TACTICAL FIGHTER AIRCRAFT.(a) Deadline.Consultation.Testing and Evaluation Required.—Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall commence operational testing and evaluation of each fleet of tactical fighter aircraft (including each type and model variant of aircraft within the fleet) that uses the Onboard Oxygen Generating System for the pilot breathing system (in this section referred to as the “breathing system”) to—(1) Determination.Compliance.determine whether the breathing system complies with Military Standard 3050 (MIL–STD–3050), titled “Aircraft Crew Breathing Systems Using On-Board Oxygen Generating System (OBOGS)”; and
(2)assess the safety and effectiveness of the breathing system for all pilots of the aircraft fleet tested.
(b)Applicability.Evaluation.Requirements.—The following shall apply to the testing and evaluation conducted for an aircraft fleet under subsection (a):(1) The F–35 aircraft fleet shall be the first aircraft fleet tested and evaluated, and such testing and evaluation shall include F–35A, F–35B, and F–35C aircraft.
(2)The pilot, aircraft systems, and operational flight environment of the aircraft shall not be assessed in isolation but shall be tested and evaluated as integrated parts of the breathing system.
(3)The testing and evaluation shall be conducted under a broad range of operating conditions, including variable weather conditions, low-altitude flight, high-altitude flight, during weapons employment, at critical phases of flight such as take-off and landing, and in other challenging environments and operating flight conditions.
(4)The testing and evaluation shall assess operational flight environments for the pilot that replicate expected conditions and durations for high gravitational force loading, rapid changes in altitude, rapid changes in airspeed, and varying degrees of moderate gravitational force loading.
(5)A diverse group of pilots shall participate in the testing and evaluation, including—135 STAT. 1605(A) pilots who are test-qualified and pilots who are not test-qualified; and
(B)pilots who vary in gender, physical conditioning, height, weight, and age, and any other attributes that the Secretary determines to be appropriate.
(6)Aircraft involved in the testing and evaluation shall perform operations with operationally representative and realistic aircraft configurations.
(7)The testing and evaluation shall include assessments of pilot life support gear and relevant equipment, including the pilot breathing mask apparatus.
(8)The testing and evaluation shall include testing data from pilot reports, measurements of breathing pressures and air delivery response timing and flow, cabin pressure, air-speed, acceleration, measurements of hysteresis during all phases of flight, measurements of differential pressure between mask and cabin altitude, and measurements of spirometry and specific oxygen saturation levels of the pilot immediately before and immediately after each flight.
(9)Analysis.The analysis of the safety and effectiveness of the breathing system shall thoroughly assess any physiological effects reported by pilots, including effects on health, fatigue, cognition, and perception of any breathing difficulty.
(10)Determination.The testing and evaluation shall include the participation of subject matter experts who have familiarity and technical expertise regarding design and functions of the aircraft, its propulsion system, pilot breathing system, life support equipment, human factors, and any other systems or subject matter the Secretary determines necessary to conduct effective testing and evaluation. At a minimum, such subject matter experts shall include aerospace physiologists, engineers, flight surgeons, and scientists.
(11)Consultation.Determination.In carrying out the testing and evaluation, the Secretary of Defense may seek technical support and subject matter expertise from the Naval Air Systems Command, the Air Force Research Laboratory, the Office of Naval Research, the National Aeronautics and Space Administration, and any other organization or element of the Department of Defense or the National Aeronautics and Space Administration that the Secretary, in consultation with the Administrator of the National Aeronautics and Space Administration, determines appropriate to support the testing and evaluation.
(c)Deadline.Corrective Actions.—Not later than 90 days after the submittal of a final report under subsection
(e)for an aircraft fleet, the Secretary of Defense shall take such actions as are necessary to correct all deficiencies, shortfalls, and gaps in the breathing system that were discovered or reported as a result of the testing and evaluation of such aircraft fleet under subsection (a).
(d)Preliminary Reports.—(1) In general.—Not later than the date specified in paragraph (2), for each aircraft fleet tested and evaluated under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a separate preliminary report, based on the initial results of such testing and evaluation, that includes—135 STAT. 1606(A) Recommenda-tions.the initial findings and recommendations of the Secretary;
(B)potential corrective actions that the Secretary of Defense may carry out to address deficiencies in the breathing system of the aircraft tested; and
(C)the results of initial review and assessment, conducted by the Administrator of the National Aeronautics and Space Administration for purposes of the report, of—(i) the testing and evaluation plans, execution, processes, data, and technical results of the testing and evaluation activities under subsection (a); and
(ii)Recommenda-tions.the initial findings, recommendations, and potential corrective actions determined by the Secretary of Defense under subparagraphs
(A)and (B).
(2)Date specified.—The date specified in this paragraph is the earlier of—(A) a date selected by the Secretary of the Air Force that is not later than 180 days after the testing and evaluation of the aircraft fleet under subsection
(a)has been completed; or
(B)one year after the commencement of the testing and evaluation of the aircraft fleet under subsection (a).
(e)Final Reports.—Not later than two years after the commencement of the testing and evaluation under subsection
(a)for an aircraft fleet, the Secretary of Defense shall submit to the congressional defense committees a final report on the results of such testing with respect to such aircraft fleet that includes, based on the final results of such testing and evaluation—(1) Recommenda-tions.findings and recommendations with respect to the breathing system; and
(2)a description of the specific actions the Secretary will carry out to correct deficiencies in the breathing system, as required under subsection (c).
(f)Independent Review of Final Report.—(1) Consultation.Contracts.In general.—The Secretary of Defense, in consultation with the Administrator of the National Aeronautics and Space Administration, shall seek to enter into an agreement with a federally funded research and development center with relevant expertise to conduct an independent sufficiency review of the final reports submitted under subsection (e).
(2)Report to secretary.—Not later than seven months after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under paragraph (1), the center shall submit to the Secretary a report on the results of the review conducted under such paragraph.
(3)Report to congress.—Not later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (2), the Secretary shall submit the report to the congressional defense committees. SEC. 225. Deadlines.IDENTIFICATION OF THE HYPERSONICS FACILITIES AND CAPABILITIES OF THE MAJOR RANGE AND TEST FACILITY BASE.(a) Identification Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense 135 STAT. 1607 shall identify each facility and capability of the Major Range and Test Facility Base—(1) the primary mission of which is the test and evaluation of hypersonics technology; or
(2)that provides other test and evaluation capabilities to support the development of hypersonics technology.
(b)Plan.Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on a plan to improve the capabilities identified under subsection (a), including—(1) Schedule.a schedule for such improvements; and
(2)Proposals.a description of any organizational changes, investments, policy changes, or other activities the Secretary proposes to carry out as part of such plan.
(c)Definition.Major Range and Test Facility Base.—In this section, the term “**Major Range and Test Facility Base**” has the meaning given that term in [section 196(i) of title 10, United States Code](/us/usc/t10/s196/i). SEC. 226. Assessments.[10 USC 4001 note](/us/usc/t10/s4001).REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND ESTABLISHMENT OF PERFORMANCE METRICS.(a) Deadline.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—(1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Department of Defense; and
(2)establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations.
(b)Requirements.Performance Objectives and Accompanying Metrics.—(1) Determination.Skill gaps.—In carrying out subsection (a), the Secretary of Defense shall require each Secretary of a military department and the heads of such other organizations and elements of the Department of Defense as the Secretary of Defense determines appropriate to—(A) conduct a comprehensive review and assessment of—(i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence;
(ii)the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and
(iii)the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and
(B)establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel.
(2)AI modernization activities.—In carrying out subsection (a), the Secretary of Defense shall—(A) assess investment by the Department of Defense in artificial intelligence innovation, science and technology, and research and development;
(B)assess investment by the Department in test and evaluation of artificial intelligence capabilities; and135 STAT. 1608
(C)establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department.
(3)Coordination.Exercises, wargames, and experimentation.—In conjunction with the activities of the Secretary of Defense under subsection (a), the Chairman of the Joint Chiefs of Staff, in coordination with the Director of the Joint Artificial Intelligence Center, shall—(A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and
(B)develop performance objectives and accompanying metrics for such integration.
(4)Logistics and sustainment.—In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense for Acquisition and Sustainment, with support from the Director of the Joint Artificial Intelligence Center, to—(A) assess the application of artificial intelligence in logistics and sustainment systems; and
(B)establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise.
(5)Coordination.Business applications.—In carrying out subsection (a), the Secretary of Defense shall require the Under Secretary of Defense (Comptroller), in coordination with the Director of the Joint Artificial Intelligence Center, to—(A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and
(B)establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department of Defensee, including the following:(i) Human resources.
(ii)Budget and finance, including audit.
(iii)Retail.
(iv)Real estate.
(v)Health care.
(vi)Logistics.
(vii)Such other business processes as the Secretary considers appropriate.
(c)Report to Congress.—Not later than 120 days after the completion of the review required by subsection (a)(1), the Secretary of Defense shall submit to the congressional defense committees a report on—(1) Proposals.the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and
(2)the performance objectives and accompanying metrics established under subsections (a)(2) and (b).135 STAT. 1609 SEC. 227. [10 USC 4001 note](/us/usc/t10/s4001).MODIFICATION OF THE JOINT COMMON FOUNDATION PROGRAM.(a) Modification of Joint Common Foundation.—The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities.
(b)Qualifying Commercial Companies.—The Secretary of Defense shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability.
(c)Use of FAR Part 12.—The Secretary of Defense shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to Department of Defense components through processes and procedures under part 12 of the Federal Acquisition Regulation.
(d)Objectives of the Joint Common Foundation Program.—The objectives of the Joint Common Foundation program shall include the following:(1) Relieving Department of Defense components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component at issue would apply its domain expertise to develop specific artificial intelligence applications.
(2)Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications.
(3)Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes.
(4)Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications.
(5)Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force
(e)Deadline.Briefing.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on actions taken to carry out this section. SEC. 228. [10 USC note](/us/usc/t10)prec. 2001.EXECUTIVE EDUCATION ON EMERGING TECHNOLOGIES FOR SENIOR CIVILIAN AND MILITARY LEADERS.(a) Deadline.Establishment of Course.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense 135 STAT. 1610 shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense.
(b)Plan for Participation.—(1) In general.—The Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a).
(2)Deadline.Requirements.—As part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are—(A) required to complete the executive education activities under such subsection; and
(B)Certification.certified as having successfully completed the executive education activities.
(c)Report.—(1) In general.—Not later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a).
(2)Contents.—The report submitted under paragraph
(1)shall include the following:(A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated.
(B)Recommenda-tions.A recommendation with respect to continuing or expanding the activities required under subsection (a). SEC. 229. [10 USC 4001 note](/us/usc/t10/s4001).ACTIVITIES TO ACCELERATE DEVELOPMENT AND DEPLOYMENT OF DUAL-USE QUANTUM TECHNOLOGIES.(a) Activities Required.—The Secretary of Defense shall establish a set of activities—(1) to accelerate the development and deployment of dual-use quantum capabilities;
(2)to ensure the approach of the United States to investments of the Department of Defense in quantum information science research and development reflects an appropriate balance between scientific progress and the potential economic and security implications of such progress;
(3)to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum technologies; and
(4)to ensure the Department of Defense consistently has access to the most advanced quantum capabilities available in the commercial sector to support research and modernization activities.
(b)Assistance Program.—(1) Consultation.Program required.—In carrying out subsection
(a)and subject to the availability of appropriations for such purpose, the Secretary of Defense shall, acting through the Director 135 STAT. 1611 of the Defense Advanced Research Projects Agency and in consultation with appropriate public and private sector organizations, establish a program under which the Secretary may award assistance to one or more organizations—(A) to identify defense applications for which dual-use quantum technologies provide a clear advantage over competing technologies;
(B)to accelerate development of such quantum technologies; and
(C)to accelerate the deployment of dual-use quantum capabilities.
(2)Grants.Contracts.Form of assistance.—Assistance awarded under the program required by paragraph
(1)may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate.
(3)Authorities and acquisition approaches.—The Secretary of Defense may use the following authorities and approaches for the program required by paragraph (1):(A) [Section 2374a of title 10, United States Code](/us/usc/t10/s2374a), relating to prizes for advanced technology achievements.
(B)Section 2373 of such title, relating to procurement for experimental purposes.
(C)Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively.
(D)Section 2358 of such title, relating to research and development projects.
(E)Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 2302 note](/us/usc/t10/s2302)), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures.
(F)Requirement for milestone payments based on technical achievements.
(G)Requirement for cost share from private sector participants in the program.
(H)Commercial procurement authority under part 12 of the Federal Acquisition Regulation.
(I)Such other authorities or approaches as the Secretary considers appropriate.
(4)Consultation.Policies and procedures.—The Secretary of Defense shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1).
(c)Briefing and Report.—(1) Deadline.Briefing.—Not later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection
(a)and the program required by subsection (b).
(2)Termination date.Report.—Not later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried 135 STAT. 1612 out under subsection
(a)and the program carried out under subsection (b). SEC. 230. Coordination.NATIONAL GUARD PARTICIPATION IN MICROREACTOR TESTING AND EVALUATION. The Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program. SEC. 231. [10 USC 4007 note](/us/usc/t10/s4007).PILOT PROGRAM ON THE USE OF PRIVATE SECTOR PARTNERSHIPS TO PROMOTE TECHNOLOGY TRANSITION.(a) In General.—Consistent with [section 2359 of title 10, United States Code](/us/usc/t10/s2359), the Secretary of Defense shall carry out a pilot program to foster the transition of the science and technology programs, projects, and activities of the Department of Defense from the research, development, pilot, and prototyping phases into acquisition activities and operational use.Contracts. Under the pilot program, the Secretary shall seek to enter into agreements with qualified private sector organizations to support—(1) matching technology developers with programs, projects, and activities of the Department that may have a use for the technology developed by such developers;
(2)providing technical assistance to appropriate parties on participating in the procurement programs and acquisition processes of the Department, including training and consulting on programming, budgeting, contracting, requirements, and other relevant processes and activities; and
(3)overcoming barriers and challenges facing technology developers, including challenges posed by restrictions on accessing secure facilities, networks, and information.
(b)Priority.—In carrying out the activities described in paragraphs
(1)through
(3)of subsection (a), a qualified private sector organization shall give priority to technology producers that are small business concerns (as defined under section 3 of the Small Business Act ([15 U.S.C. 632](/us/usc/t15/s632))), research institutions (as defined in section 9(e) of such Act), or institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ([20 U.S.C 1001](/us/usc/t20/s1001))).
(c)Determination.Terms of Agreements.—The terms of an agreement under subsection
(a)shall be determined by the Secretary of Defense.
(d)Data Collection.—(1) Effective date.Plan required before implementation.—The Secretary of Defense may not enter into an agreement under subsection
(a)until the date on which the Secretary—(A) completes a plan to for carrying out the data collection required under paragraph (2); and
(B)submits the plan to the congressional defense committees.
(2)Analysis.Data collection required.—The Secretary of Defense shall collect and analyze data on the pilot program under this section for the purposes of—(A) developing and sharing best practices for facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense;135 STAT. 1613
(B)providing information to the leadership of the Department on the implementation of the pilot program and related policy issues; and
(C)providing information to the congressional defense committees as required under subsection (e).
(e)Deadline.Briefing.—Not later than December 31, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in implementing the pilot program under this section and any related policy issues.
(f)Consultation.—In carrying out the pilot program under this section, the Secretary of Defense shall consult with—(1) service acquisition executives (as defined in [section 101 of title 10, United States Code](/us/usc/t10/s101));
(2)the heads of appropriate Defense Agencies and Department of Defense Field Activities;
(3)procurement technical assistance centers (as described in [chapter 142 of title 10, United States Code](/us/usc/t10/ch142)); and
(4)Determination.such other individuals and organizations as the Secretary determines appropriate.
(g)Termination.—The pilot program under this section shall terminate on the date that is five years after the date on which Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a).
(h)Comptroller General Assessment and Report.—(1) Assessment.—The Comptroller General of the United States shall conduct an assessment of the pilot program under this section.Evaluation. The assessment shall include an evaluation of the effectiveness of the pilot program with respect to—(A) facilitating the transition of science and technology from the research, development, pilot, and prototyping phases into acquisition activities and operational use within the Department of Defense; and
(B)protecting sensitive information in the course of the pilot program.
(2)Report.—Not later than the date specified in paragraph (3), the Comptroller General shall submit to the congressional defense committees a report on the results of the assessment conducted under paragraph (1).
(3)Time periods.Date specified.—The date specified in this paragraph is the earlier of—(A) four years after the date on which the Secretary of Defense enters into the first agreement with a qualified private sector organization under subsection (a): or
(B)five years after the date of the enactment of this Act. SEC. 232. [10 USC 4001 note](/us/usc/t10/s4001).PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE CAPABILITIES FOR THE DEPARTMENT OF DEFENSE.(a) Determination.Establishment of Data Repositories.—The Secretary of Defense, acting through the Chief Data Officer of the Department of Defense and the Director of the Joint Artificial Intelligence Center (and such other officials as the Secretary determines appropriate), may carry out a pilot program under which the Secretary—(1) establishes data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and135 STAT. 1614
(2)allows appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals.
(b)Elements.—If the Secretary of Defense carries out the pilot program under subsection (a), the data repositories established under the program—(1) may include unclassified training quality data sets and associated labels representative of diverse types of information, representing Department of Defense missions, business processes, and activities; and
(2)shall—(A) be categorized and annotated to support development of a common evaluation framework for artificial intelligence models and other technical software solutions;
(B)be made available to appropriate public and private sector organizations to support rapid development of software and artificial intelligence capabilities;
(C)include capabilities and tool sets to detect, evaluate, and correct errors in data annotation, identify gaps in training data used in model development that would require additional data labeling, and evaluate model performance across the life cycle of the data repositories; and
(D)be developed to support other missions and activities as determined by the Secretary.
(c)Deadline.Briefing.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on—(1) whether the Secretary intends to carry out the pilot program under this section;
(2)if the Secretary does not intend to carry out the pilot program, an explanation of the reasons for such decision;
(3)if the Secretary does intend to carry out the pilot program, or if the Secretary has already initiated the pilot program as of the date of the briefing—(A) Determination.the types of information the Secretary determines are feasible and advisable to include in the data repositories described in subsection (a); and
(B)the progress of the Secretary in carrying out the program. SEC. 233. [10 USC 4571 note](/us/usc/t10/s4571).PILOT PROGRAMS FOR DEPLOYMENT OF TELECOMMUNICATIONS INFRASTRUCTURE TO FACILITATE 5G DEPLOYMENT ON MILITARY INSTALLATIONS.(a) Plans.—(1) Deadline.In general.—Not later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of telecommunications infrastructure to facilitate the availability of fifth-generation wireless telecommunications services on military installations under the jurisdiction of the Secretary.135 STAT. 1615
(2)Plan elements.—Each plan submitted under paragraph
(1)by a Secretary of a military department shall include, with respect to such military department, the following:(A) List.A list of military installations at which the pilot program will be carried out, including at least one military installation of the department.
(B)A description of authorities that will be used to execute the pilot program.
(C)Timeline.A timeline for the implementation and duration of the pilot program.
(D)The identity of each telecommunication carrier that intends to use the telecommunications infrastructure deployed pursuant to the pilot to provide fifth-generation wireless telecommunication services at each of the military installations listed under subparagraph (A).
(E)Assessment.An assessment of need for centralized processes and points of contacts to facilitate deployment of the telecommunications infrastructure.
(b)Deadline.Pilot Programs Required.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1).
(c)Reports.—(1) Time period.In general.—Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b), and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program.
(2)Contents.—Each report submitted under paragraph
(1)for a pilot program shall include the following:(A) A description of the status of the pilot program at each military installation at which the pilot program is carried out.
(B)A description of the use of, and services provided by, telecommunications carriers of the telecommunications infrastructure at each military installation under the pilot program.
(C)Such additional information as the Secretary of the military department considers appropriate.
(d)Telecommunications Infrastructure Defined.—In this section, the term “**telecommunications infrastructure**” includes, at a minimum, the following:(1) Macro towers.
(2)Small cell poles.
(3)Distributed antenna systems.
(4)Dark fiber.
(5)Power solutions. SEC. 234. LIMITATION ON DEVELOPMENT OF PROTOTYPES FOR THE OPTIONALLY MANNED FIGHTING VEHICLE PENDING REQUIREMENTS ANALYSIS.(a) Time period.Limitation.—The Secretary of the Army may not enter into a contract for the development of a physical prototype for the Optionally Manned Fighting Vehicle or any other next-generation infantry fighting vehicle of the Army until a period of 30 days has elapsed following the date on which the Secretary submits 135 STAT. 1616 to the congressional defense committees the report required under subsection (b).
(b)Report Required.—(1) In general.—The Secretary of the Army shall submit to the congressional defense committees a report on the analysis supporting the determination of formal requirements or desired characteristics for the Optionally Manned Fighting Vehicle refined through the concept and detailed design phases of the acquisition strategy.
(2)Elements.—The report required by paragraph
(1)shall include the following:(A) A detailed description of the formal requirements applicable to the Optionally Manned Fighting Vehicle or desired characteristics guiding the physical prototyping phase of the program.
(B)A description of the analysis conducted to finalize such requirements and characteristics.
(C)A description of Optionally Manned Fighting Vehicle-equipped force structure designs and the operational concepts analyzed during the vehicle concept design and detailed design phases.
(D)A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the force structure designs and operational concepts, survivability, mobility, lethality, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry.
(E)Assessment.An assessment and comparison of the combat effectiveness (including survivability, mobility, and lethality) of combined arms company teams equipped with Optionally Manned Fighting Vehicles compared to those equipped with fully modernized Bradley Fighting Vehicles.
(c)Time period.Briefing Required.—At least 30 days prior to the submission of the report under subsection (b), the Secretary of the Army shall provide to the congressional defense committees a briefing on the preliminary findings of the Secretary with respect to each element specified in subsection (b)(2).
(d)Deadline.Comptroller General Assessment.—Not later than 60 days after the date on which the report under subsection
(b)is submitted, the Comptroller General of the United States shall submit to the congressional defense committees a written assessment of the report, including—(1) an assessment of the objectivity, validity, and reliability of the Army’s analysis with respect to each element specified in subsection (b)(2); and
(2)any other matters the Comptroller General determines appropriate. SEC. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL FLIGHT TEST EVENTS AND REDUCTIONS IN OPERATIONAL FLIGHT TEST CAPACITY.(a) Limitation.—(1) Effective date.Consultation.Certification.In general.—The Secretary of the Navy may not take any action described in paragraph
(2)until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units 135 STAT. 1617 to conduct flight testing will not have any appreciable effect on—(A) the cost or schedule of any naval aviation or naval aviation-related program; or
(B)the efficacy of test execution, analysis, and evaluation for any such program.
(2)Actions described.—The actions described in this paragraph are the following:(A) The delegation of any operational flight test event to be conducted by a non-test designated unit.
(B)Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following:(i) The aviation or aviation-related operational testing and evaluation capacity of the Department of the Navy.
(ii)The personnel billets assigned to support such capacity.
(iii)The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft.
(b)Assessments.Report Required.—Not later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report:(1) The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy.
(2)Plans.The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021.
(3)The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans for all aviation-related programs and projects of the Department of the Navy.
(c)Non-test Designated Unit Defined.—In this section, the term “**non-test designated unit**” means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs. SEC. 236. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C–130 AIRCRAFT. NoneEffective date.Reports.Plans. of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to procure a C–130 aircraft for testing and evaluation as a potential replacement for the E–6B 135 STAT. 1618 aircraft until the date on which all of the following conditions are met:(1) The Secretary of the Navy has submitted to the congressional defense committees a report that includes—(A) the unit cost of each such C–130 test aircraft;
(B)the life cycle sustainment plan for such C–130 aircraft;
(C)a statement indicating whether such C–130 aircraft will be procured using multiyear contracting authority under [section 2306b of title 10, United States Code](/us/usc/t10/s2306b); and
(D)the total amount of funds needed to complete the procurement of such C–130 aircraft.
(2)Certification.Effective date.The Secretary of the Navy has certified to the congressional defense committees that C–130 aircraft in the inventory of the Air Force as of the date of the enactment of this Act would not be capable of fulfilling all requirements under the E–6B aircraft program of record.
(3)The Commander of the United States Strategic Command has submitted to the congressional defense committees a report identifying the plan for hardware that will replace the E–6B aircraft while fulfilling all requirements under the E–6B program of record. SEC. 237. LIMITATION ON AVAILABILITY OF FUNDS FOR VC–25B AIRCRAFT PROGRAM PENDING SUBMISSION OF DOCUMENTATION.(a) Deadline.ScheduleDocumentation Required.—Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees an integrated master schedule that has been approved by the Secretary for the VC–25B presidential aircraft recapitalization program of the Air Force.
(b)Effective date.Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Air Force for the VC–25B aircraft, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a). SEC. 238. LIMITATION ON AVAILABILITY OF FUNDS FOR THE HIGH ACCURACY DETECTION AND EXPLOITATION SYSTEM. OfCertification. the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for research, development, test, and evaluation for the Army for the High Accuracy Detection and Exploitation System, not more than 75 percent may be obligated or expended until the Vice Chairman of the Joint Chiefs of Staff certifies to the congressional defense committees that—(1) the High Accuracy Detection and Exploitation System enables multi-domain operations for the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and
(2)in a conflict, the System will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts.135 STAT. 1619 Subtitle C—Plans, Reports, and Other Matters SEC. 241. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION. [Section 139(h)(2) of title 10, United States Code](/us/usc/t10/s139/h/2), is amended by striking “, through January 31, 2026”. SEC. 242. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION STRATEGY FOR THE F–35A AIRCRAFT.(a) Consultation.In General.—Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105), the Secretary of the Air Force, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of the Adaptive Engine Transition Program propulsion system into the F–35A aircraft.
(b)Elements.—The report required under subsection
(a)shall include the following:(1) A competitive acquisition strategy, informed by fiscal considerations, to—(A) integrate the Adaptive Engine Transition Program propulsion system into the F–35A aircraft; and
(B)Deadline.begin, not later than fiscal year 2027, activities to retrofit all F–35A aircraft with such propulsion system.
(2)An implementation plan to implement such strategy.
(3)Schedule.A schedule annotating pertinent milestones and yearly fiscal resource requirements for the implementation of such strategy. SEC. 243. ACQUISITION STRATEGY FOR AN ADVANCED PROPULSION SYSTEM FOR F–35B AND F–35C AIRCRAFT.(a) Consultation.In General.—Not later than 14 days after the date on which the budget of the President for fiscal year 2023 is submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105), the Secretary of the Navy, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the integration of an advanced propulsion system into F–35B and F–35C aircraft.
(b)Assessments.Elements.—The report required under subsection
(a)shall include the following:(1) Analysis.An analysis the effects of an advanced propulsion system on the combat effectiveness and sustainment costs of F–35B and F–35C aircraft, including any effects resulting from—(A) increased thrust, fuel efficiency, thermal capacity, and electrical generation; and
(B)improvements in acceleration, speed, range, and overall mission effectiveness.
(2)An assessment of how the integration of an advanced propulsion system may result in—(A) a reduction in dependency on support assets, including air refueling and replenishment tankers; and
(B)an overall cost benefit to the Department from reduced acquisition and sustainment for such support assets.135 STAT. 1620
(3)Deadline.A competitive acquisition strategy (informed by fiscal considerations, the assessment of combat effectiveness under paragraph (1), and consideration of technical limitations)—(A) to integrate an advanced propulsion system into F–35B aircraft and F–35C aircraft;
(B)to begin, not later than fiscal year 2027, activities to produce all F–35B aircraft and all F–35C aircraft with such propulsion systems; and
(C)to begin, not later than fiscal year 2027, activities to retrofit all F–35B aircraft and all F–35C aircraft with such propulsion systems.
(c)Advanced Propulsion System Defined.—In this section, term “**advanced propulsion system**” means—(1) a derivative of the propulsion system developed for the F–35 aircraft under the Adaptive Engine Transition Program of the Air Force; or
(2)a derivative of a propulsion system previously developed for the F–35 aircraft. SEC. 244. ASSESSMENT OF THE DEVELOPMENT AND TEST ENTERPRISE OF THE AIR FORCE RESEARCH LABORATORY.(a) Assessment Required.—The Secretary of the Air Force shall conduct an assessment of the ability of the Air Force Research Laboratory to effectively carry out development and testing activities with respect to the capabilities of the Space Force specific to space access and space operations.
(b)Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). The report shall include an explanation of—(1) any challenges to the development and testing capabilities of the Air Force Research Laboratory as described subsection (a), including any challenges relating to test activities and infrastructure;
(2)any changes to the organizational structure of the Laboratory that may be needed to enable the laboratory to adequately address the missions of both the Space Force and the Air Force generally, and the amount of funding, if any, required to implement such changes;
(3)any barriers to the recapitalization of the testing infrastructure of the Laboratory; and
(4)Plans.the plans of the Secretary to address the issues identified under paragraphs
(1)through (3). SEC. 245. STUDY ON EFFICIENT USE OF DEPARTMENT OF DEFENSE TEST AND EVALUATION ORGANIZATIONS, FACILITIES, AND LABORATORIES.(a) Study Required.—(1) Deadline.In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the test and evaluation organizations, facilities, and laboratories of the Department of Defense.
(2)Participation.—Participants in the study conducted under paragraph
(1)shall include the following:135 STAT. 1621
(A)Such members of the Defense Science Board as the Chairman of the Board considers appropriate for the study.
(B)Such additional temporary members or contracted support as the Secretary—(i) selects from those recommended by the Chairman for purposes of the study; and
(ii)considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions.
(3)Assessments.Elements.—The study conducted under paragraph
(1)shall include the following:(A) Assessment of the effectiveness of current developmental testing, operational testing, and integrated testing within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework.
(B)Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing.
(C)Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes.
(D)Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities.
(E)Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military departments and Defense Agencies.
(F)Assessment of the research, development, test, and evaluation infrastructure master plan required under section 252 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2358 note](/us/usc/t10/s2358)).
(F)Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities.
(G)Recommenda-tions.Development of such recommendations as the Defense Science Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes.
(H)Such other matters as the Secretary considers appropriate.
(4)Analysis.Access to information.—The Secretary of Defense shall provide the Defense Science Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection.135 STAT. 1622
(5)Report.—(A) Report of board.—Not later than one year after the date on which the Secretary of Defense directs the Defense Science Board to conduct the study under paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study.
(B)Submittal to congress.—Not later than 30 days after the date on which the Secretary of Defense receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate.
(b)Deadline.Briefing Required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section. SEC. 246. REPORT ON AUTONOMY INTEGRATION IN MAJOR WEAPON SYSTEMS.(a) Report Required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on activities to resource and integrate autonomy software into appropriate systems to enable the continued operational capability of such systems in GPS-denied environments by fiscal year 2025.
(b)Elements.—The report required under subsection
(a)shall include—(1) List.a list of systems, to be selected by the Secretary of Defense, which can be integrated with autonomy software as described in subsection
(a)by fiscal year 2025;
(2)Timelines.timelines for integrating autonomy software into the systems as identified under paragraph (1);
(3)Requirements.funding requirements related to the development, acquisition, and testing of autonomy software for such systems;
(4)Plans.plans to leverage advanced artificial intelligence technologies, as appropriate, for such systems;
(5)Plans.plans for ensuring the safety and security of such systems equipped with autonomy software, including plans for testing, evaluation, validation, and verification of such systems; and
(6)List.a list of Department of Defense policies in effect as of the date of the report that would need to be modified or revoked in order to implement the software integration described in subsection (a).
(c)Form.—The report required under subsection
(a)shall be submitted in unclassified form, but may include a classified annex. SEC. 247. Time periods.REPORTS AND BRIEFINGS ON RECOMMENDATIONS OF THE NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTELLIGENCE REGARDING THE DEPARTMENT OF DEFENSE.(a) Reports Required.—On an annual basis during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense.Determinations.Analyses. Each such report shall include—135 STAT. 1623
(1)for each such recommendation, a determination of whether the Secretary of Defense intends to implement the recommendation;
(2)Timeline.Plan.in the case of a recommendation the Secretary intends to implement, the intended timeline for implementation, a description of any additional resources or authorities required for such implementation, and the plan for such implementation;
(3)in the case of a recommendation the Secretary determines is not advisable or feasible, the analysis and justification of the Secretary in making that determination; and
(4)in the case of a recommendation the Secretary determines the Department is already implementing through a separate line of effort, the analysis and justification of the Secretary in making that determination.
(b)Briefings Required.—Not less frequently than once each year during the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on—(1) the progress of the Secretary in analyzing and implementing the recommendations made by the National Security Commission on Artificial Intelligence with respect to the Department of Defense;
(2)any programs, projects, or other activities of the Department that are being carried out to advance the recommendations of the Commission; and
(3)the amount of funding provided for such programs, projects, and activities. TITLE III—OPERATION AND MAINTENANCE TITLE III— OPERATION AND MAINTENANCE Subtitle A— Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B— Energy and Environment Sec. 311. Inclusion of impacts on military installation resilience in the National Defense Strategy and associated documents. Sec. 312. Energy efficiency targets for Department of Defense data centers. Sec. 313. Grants for maintaining or improving military installation resilience. Sec. 314. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 315. Authority to transfer amounts derived from energy cost savings. Sec. 316. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 317. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 318. Inspection of piping and support infrastructure at Red Hill Bulk Fuel Storage Facility, Hawai‘i. Sec. 319. Energy, water, and waste net-zero requirement for major military installations. Sec. 320. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 321. Long-duration demonstration initiative and joint program. Sec. 322. Pilot program to test new software to track emissions at certain military installations. Sec. 323. Department of Defense plan to reduce greenhouse gas emissions. Subtitle C— National Security Climate Resilience Sec. 331. Definitions.135 STAT. 1624 Sec. 332. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 333. Inclusion of information regarding extreme weather and cyber attacks or disruptions in reports on national technology and industrial base. Sec. 334. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D— Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 341. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 342. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 343. Temporary moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam. Sec. 344. Review and guidance relating to prevention and mitigation of spills of aqueous film-forming foam. Sec. 345. Public disclosure of results of Department of Defense testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 346. Review of agreements with non-Department entities with respect to prevention and mitigation of spills of aqueous film-forming foam. Sec. 347. Comptroller General study on Department of Defense procurement of certain items containing certain PFAS substances. Sec. 348. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 349. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Subtitle E— Logistics and Sustainment Sec. 351. Mitigation of contested logistics challenges of the Department of Defense through reduction of operational energy demand. Sec. 352. Global bulk fuel management and delivery. Sec. 353. Test and evaluation of potential biobased solution for corrosion control and mitigation. Sec. 354. Pilot program on digital optimization of organic industrial base maintenance and repair operations. Sec. 355. Improved oversight for implementation of Shipyard Infrastructure Optimization Program of the Navy. Sec. 356. Report and certification requirements regarding sustainment costs for fighter aircraft programs. Sec. 357. Comptroller General annual reviews of F–35 sustainment efforts. Subtitle F— Reports Sec. 361. Inclusion of information regarding borrowed military manpower in readiness reports. Sec. 362. Annual report on material readiness of Navy ships. Sec. 363. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 364. Strategy and annual report on critical language proficiency of special operations forces. Subtitle G— Other Matters Sec. 371. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 372. Establishment of Joint Safety Council. Sec. 373. Improvements and clarifications related to military working dogs. Sec. 374. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 375. Authority to maintain access to category 3 subterranean training facility. Sec. 376. Accident Investigation Review Board. Sec. 377. Implementation of Comptroller General recommendations on preventing tactical vehicle training accidents. Sec. 378. Requirements relating to emissions control tactics, techniques, and procedures. Sec. 379. Management of fatigue among crew of naval surface ships and related improvements. Sec. 380. Authority for activities to improve next generation radar systems capabilities. Sec. 381. Pilot program on military working dog and explosives detection canine health and excellence. Sec. 382. Department of Defense response to military lazing incidents. 135 STAT. 1625 Subtitle A—Authorization of Appropriations SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. Subtitle B—Energy and Environment SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION RESILIENCE IN THE NATIONAL DEFENSE STRATEGY AND ASSOCIATED DOCUMENTS.(a) National Defense Strategy and Defense Planning Guidance.—[Section 113(g) of title 10, United States Code](/us/usc/t10/s113/g), is amended—(1) in paragraph (1)(B)—(A) in clause (ii), by striking “actors,” and inserting “actors, and the current or projected threats to military installation resilience,”; and
(B)by inserting after clause (ix), the following new clause:"“(x) Strategic goals to address or mitigate the current and projected risks to military installation resilience.” "; and
(2)in paragraph (2)(A), in the matter preceding clause (i), by striking “priorities,” and inserting “priorities, including priorities relating to the current or projected risks to military installation resilience,”.
(b)National Defense Sustainment and Logistics Review.—(1) In general.—The first section 118a of such title is amended—(A) in subsection (a), by striking “capabilities,” and inserting “capabilities, response to risks to military installation resilience,”;
(B)by redesignating such section, as amended by subparagraph (A), as section 118b; and
(C)by moving such section so as to appear after section 118a.
(2)Clerical and conforming amendments.—(A) Clerical amendments.—The table of sections for chapter 2 of such title[10 USC ](/us/usc/t10)prec. 111. is amended—(i) by striking the first item relating to section 118a; and
(ii)by inserting after the item relating to section 118a the following new item:" “118b. National Defense Sustainment and Logistics Review.”. "
(B)Conforming amendment.—Section 314(c) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 118b note](/us/usc/t10/s118b). is amended by striking “section 118a” and inserting “section 118b”.135 STAT. 1626
(c)Chairman’s Risk Assessment.—[Section 153(b)(2)(B) of title 10, United States Code](/us/usc/t10/s153/b/2/B), is amended by inserting after clause
(vi)the following new clause:"“(vii) Identify and assess risk resulting from, or likely to result from, current or projected effects on military installation resilience.” ".
(d)[10 USC 2864 note](/us/usc/t10/s2864).Strategic Decisions Relating to Military Installations.—The Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the strategic risks associated with military installation resilience.
(e)National Defense Strategy and National Military Strategy.—Coordination.Determination.The Secretary of Defense, in coordination with the heads of such other Federal agencies as the Secretary determines appropriate, shall incorporate the security implications of military installation resilience into the National Defense Strategy and the National Military Strategy.
(f)National Security Planning Documents.—The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security implications associated with military installation resilience in developing the Defense Planning Guidance under [section 113(g)(2) of title 10, United States Code](/us/usc/t10/s113/g/2), the Risk Assessment of the Chairman of the Joint Chiefs of Staff under section 153(b)(2) of such title, and other relevant strategy, planning, and programming documents and processes.
(g)Campaign Plans of Combatant Commands.—The Secretary of Defense shall ensure that the national security implications associated with military installation resilience are integrated into the campaign plans of the combatant commands.
(h)Report on Security Implications Associated With Military Installation Resilience.—(1) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how the aspects of military installation resilience have been incorporated into modeling, simulation, war-gaming, and other analyses by the Department of Defense.
(2)Form.—The report required by paragraph
(1)shall be submitted in unclassified form, but may include a classified annex.
(i)Modification to Annual Report Related to Installations Energy Management, Energy Resilience, and Mission Assurance and Readiness.—(1) Modification.—[Section 2925(a) of title 10, United States Code](/us/usc/t10/s2925/a), is amended—(A) by redesignating paragraph
(8)as paragraph (10); and
(B)by inserting after paragraph
(7)the following new paragraphs:"“(8) Cost estimate.A description of the effects on military readiness, and an estimate of the financial costs to the Department of Defense, reasonably attributed to adverse impacts to military installation resilience during the year preceding the submission of the 135 STAT. 1627 report, including loss of or damage to military networks, systems, installations, facilities, and other assets and capabilities of the Department. “(9) Assessment.An assessment of vulnerabilities to military installation resilience.” ".
(2)[10 USC 2925 note](/us/usc/t10/s2925).Use of assessment tool.—The Secretary shall use the Climate Vulnerability and Risk Assessment Tool of the Department (or such successor tool) in preparing each report under [section 2925(a) of title 10, United States Code](/us/usc/t10/s2925/a) (as amended by paragraph (1)).
(j)[10 USC 2864 note](/us/usc/t10/s2864).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](/us/usc/t10/s101/e).
(2)The term “**National Defense Strategy**” means the national defense strategy under section 113(g)(1) of such title.
(3)The term “**National Military Strategy**” means the national military strategy under section 153(b) of such title. SEC. 312. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF DEFENSE DATA CENTERS.(a) Energy Efficiency Targets for Data Centers.—(1) In general.—[Subchapter I of chapter 173 of title 10, United States Code](/us/usc/t10/ch173/schI), is amended by adding at the end the following new section:"“§ 2921.[10 USC 2921](/us/usc/t10/s2921). Energy efficiency targets for data centers“(a) Covered Data Centers.—(1) For each covered data center, the Secretary of Defense shall—“(A) develop a power usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; “(B) develop a water usage effectiveness target for the data center, based on location, resiliency, industry standards, and best practices; “(C) develop other energy efficiency or water usage targets for the data center based on industry standards and best practices, as applicable to meet energy efficiency and resiliency goals; “(D) identify potential renewable or clean energy resources, or related technologies such as advanced battery storage capacity, to enhance resiliency at the data center, including potential renewable or clean energy purchase targets based on the location of the data center; and “(E) identify any statutory, regulatory, or policy barriers to meeting any target under any of subparagraphs
(A)through (C). “(2) The Secretary of Defense shall ensure that targets developed under paragraph
(1)are consistent with guidance issued by the Secretary of Energy. “(3) Definition.In this subsection, the term ‘**covered data center**’ means a data center of the Department of Defense that—“(A) is one of the 50 data centers of the Department with the highest annual power usage rates; and “(B) has been established before the date of the enactment of this section.135 STAT. 1628 “(b) Standards.Requirement.New Data Centers.—(1) Except as provided in paragraph (2), in the case of any Department of Defense data center established on or after the date of the enactment of this section, the Secretary of Defense shall establish energy, water usage, and resiliency-related standards that the data center shall be required to meet based on location, resiliency, industry and Federal standards, and best practices. Such standards shall include—“(A) power usage effectiveness standards; “(B) water usage effectiveness standards; and “(C) Determination.any other energy or resiliency standards the Secretary determines are appropriate. “(2) Waiver authority.The Secretary may waive the requirement for a Department data center established on or after the date of the enactment of this section to meet the standards established under paragraph
(1)if the Secretary—“(A) Determination.determines that such waiver is in the national security interest of the United States; and “(B) Notice.submits to the Committee on Armed Services of the House of Representatives notice of such waiver and the reasons for such waiver.” ".
(2)Clerical amendment.—The table of sections at the beginning of such subchapter[10 USC ](/us/usc/t10)prec. 2911. is amended by inserting after the item relating to section 2920 the following new item:" “2921. Energy efficiency targets for data centers.”. "
(b)Inventory of Data Facilities.—(1) Deadline.Inventory required.—By not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an inventory of all data centers owned or operated by the Department of Defense.Survey. Such survey shall include the following:(A) List.A list of data centers owned or operated by the Department of Defense.
(B)For each such data center, the earlier of the following dates:(i) The date on which the data center was established.
(ii)The date of the most recent capital investment in new power, cooling, or compute infrastructure at the data center.
(C)The total average annual power use, in kilowatts, for each such data center.
(D)The number of data centers that measure power usage effectiveness and, for each such data center, the power usage effectiveness for the center.
(E)The number of data centers that measure water usage effectiveness and, for each such data center, the water usage effectiveness for the center.
(F)A description of any other existing energy efficiency or efficient water usage metrics used by any data center and the applicable measurements for any such center.
(G)Assessment.An assessment of the facility resiliency of each data center, including redundant power and cooling facility infrastructure.
(H)Any other matters determined relevant by the Secretary.
(c)Report.—Not later than 180 days after the completion of the inventory required under subsection (b), the Secretary of 135 STAT. 1629 Defense shall submit to the Committee on Armed Services of the House of Representatives a report on the inventory and the energy assessment targets under [section 2921(a) of title 10, United States Code](/us/usc/t10/s2921/a), as added by subsection (a). Such report shall include the following:(1) Timeline.A timeline of necessary actions required to meet the energy assessment targets for covered data centers.
(2)Cost estimate.The estimated costs associated with meeting such targets.
(3)Assessment.An assessment of the business case for meeting such targets, including any estimated savings in operational energy and water costs and estimated reduction in energy and water usage if the targets are met.
(4)Analysis.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](/us/usc/t10/s2921/a/E), as added by subsection (a).
(d)Data Center Defined.—In this section, the term “**data center**” has the meaning given such term in the most recent Integrated Data Collection guidance of the Office of Management and Budget. SEC. 313. GRANTS FOR MAINTAINING OR IMPROVING MILITARY INSTALLATION RESILIENCE. [Section 2391 of title 10, United States Code](/us/usc/t10/s2391), is amended—(1) in subsection (b)(5), by adding at the end the following new subparagraph:"“(D) The Secretary of Defense may also make grants, conclude cooperative agreements, and supplement other Federal funds, in order to assist a State or local government in planning, enhancing infrastructure, and implementing measures and projects (to include resilience measures and projects involving the protection, restoration, and maintenance of natural features) that, as determined by the Secretary of Defense, will contribute to maintaining or improving military installation resilience or will prevent or mitigate encroachment that could affect operations of the Department of Defense.” "; and
(2)in subsection (e)(1), by striking “subsection (b)(1)(D)” and inserting “paragraphs (1)(D) and
(E)and (5)(D) of subsection
(b)and subsection (d)”. SEC. 314. MAINTENANCE OF CURRENT ANALYTICAL TOOLS IN EVALUATING ENERGY RESILIENCE MEASURES.(a) In General.—[Section 2911 of title 10, United States Code](/us/usc/t10/s2911), is amended by adding at the end the following new subsection:"“(i) Assessment of Life-cycle Costs and Performance of Potential Energy Resilience Projects.—(1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. “(2) Analytical tools used under paragraph
(1)shall be—“(A) designed to—“(i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; “(ii) be used without specialized training; and135 STAT. 1630 “(iii) produce resulting data that is understandable and usable by the typical source selection official; “(B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; “(C) adaptable to accommodate a rapidly changing technological environment; “(D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and “(E) Time period.periodically reviewed and updated, but not less frequently than once every three years.” ".
(b)Reporting Requirement.—If amounts are appropriated to carry out the requirements under subsection
(i)of [section 2911 of title 10, United States Code](/us/usc/t10/s2911), as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements. SEC. 315. AUTHORITY TO TRANSFER AMOUNTS DERIVED FROM ENERGY COST SAVINGS. [Section 2912 of title 10, United States Code](/us/usc/t10/s2912), is amended—(1) in subsection (a), by striking “until expended” and inserting “for that fiscal year and the succeeding fiscal year”; and
(2)by adding at the end the following new subsection:"“(e) Transfer of Amounts.—(1) The Secretary of Defense may transfer amounts described in subsection
(a)that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection
(b)or (c). “(2) Amounts transferred to a funding account of the Department under paragraph
(1)shall be available for obligation for the same period as amounts in that account. “(3) Reports.At the end of each fiscal year, the Secretary of Defense shall submit to Congress a report detailing any funds transferred pursuant to paragraph
(1)during that fiscal year, including a detailed description of the purpose for which such amounts have been used.” ". SEC. 316. EXEMPTION FROM PROHIBITION ON USE OF OPEN-AIR BURN PITS IN CONTINGENCY OPERATIONS OUTSIDE THE UNITED STATES. Section 317(a) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 2701 note](/us/usc/t10/s2701)) is amended by adding at the end the following new paragraphs:"“(3) Exemption authority for certain locations.—“(A) Determination.In general.—The Secretary may exempt a location from the prohibition under paragraph
(1)if the Secretary determines it is in the paramount interest of the United States to do so. “(B) Nondelegation.—The Secretary may not delegate the authority under subparagraph (A). “(4) Reporting requirement for location exemptions.—“(A) In general.—Not later than 30 days after granting an exemption pursuant to paragraph (3)(A) with respect to the use of an open-air burn pit at a location, the Secretary shall submit to the Committees on Armed 135 STAT. 1631 Services of the Senate and the House of Representatives a written report that identifies—“(i) the location of the open-air burn pit; “(ii) the number of personnel of the United States assigned to the location where the open-air burn pit is being used; “(iii) the size and expected duration of use of the open-air burn pit; “(iv) the personal protective equipment or other health risk mitigation efforts that will be used by members of the armed forces when airborne hazards are present, including how such equipment will be provided when required; and “(v) the need for the open-air burn pit and rationale for granting the exemption. “(B) Form.—A report submitted under subparagraph
(A)shall be submitted in unclassified form, but may include a classified annex.” ". SEC. 317. EXPANSION OF PURPOSES OF SENTINEL LANDSCAPES PARTNERSHIP PROGRAM TO INCLUDE RESILIENCE.(a) In General.—Section 317 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2684a note](/us/usc/t10/s2684a)) is amended—(1) in subsection (a), in the first sentence, by inserting “and restore” after “to preserve”;
(2)in subsection (c)—(A) by inserting “resilience,” after “benefit of conservation,”; and
(B)by inserting “, resilience,” after “land management”;
(3)in subsection (d), in the second sentence, by inserting “by an eligible landowner or agricultural producer” after “Participation”;
(4)by redesignating subsection
(e)as subsection (f);
(5)by inserting after subsection
(d)the following new subsection (e):"“(e) Participation by Other Agencies.—Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to—“(1) participate in the activities of the Sentinel Landscapes Partnership; and “(2) become full partners in the Sentinel Landscapes Partnership.” "; and
(6)in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph:"“(4) Definition.Resilience.—The term ‘**resilience**’ means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions.” ".
(b)Inclusion of Program Information in Certain Annual Reports.—[Section 2684a(g)(2) of title 10, United States Code](/us/usc/t10/s2684a/g/2), is amended—(1) by redesignating subparagraph
(E)as subparagraph (F); and
(2)by inserting after subparagraph
(D)the following new subparagraph:135 STAT. 1632 "“(E) Information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership established under section 317 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2684a note](/us/usc/t10/s2684a)).” ".
(c)Conservation and Cultural Activities.—[Section 2694 of title 10, United States Code](/us/usc/t10/s2694), is amended—(1) in subsection (b)—(A) in paragraph (1)—(i) in subparagraph (A), by inserting “or involves a sentinel landscape” before the semicolon; and
(ii)in subparagraph (B), by inserting “or that would contribute to maintaining or improving military installation resilience” before the semicolon; and
(B)in paragraph (2)—(i) in subparagraph (A), by inserting “or nature-based climate resilience plans” before the period; and
(ii)in subparagraph (F)—(I) in clause (i)—(aa) by striking “single ecosystem that encompasses” and inserting "“single ecosystem—“(I) that encompasses” ";
(bb)by redesignating clause
(ii)as subclause
(II)and moving such subclause, as so redesignated, two ems to the right; and
(cc)in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting “; or”; and
(II)by adding at the end the following new clause (ii):"“(ii) for one or more ecosystems within a sentinel landscape.” "; and
(2)by adding at the end the following new subsection:"“(e) Sentinel Landscape Defined.—In this section, the term ‘**sentinel landscape**’ has the meaning given that term in section 317(f) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2684a note](/us/usc/t10/s2684a)).” ". SEC. 318. INSPECTION OF PIPING AND SUPPORT INFRASTRUCTURE AT RED HILL BULK FUEL STORAGE FACILITY, HAWAI‘I.(a) Sense of Congress.—In order to fully effectuate national security, assure the maximum safe utilization of the Red Hill Bulk Fuel Storage Facility in Honolulu, Hawai‘i, and fully address concerns as to potential impacts of the facility on public health, it is the sense of Congress that the Secretary of the Navy and the Defense Logistics Agency should—(1) operate and maintain the Red Hill Bulk Fuel Storage Facility to the highest standard possible; and
(2)require safety inspections to be conducted more frequently based on the corrosion rate of the piping and overall condition of the pipeline system and support equipment at the facility.
(b)Inspection Requirement.—(1) Inspection required.—The Secretary of the Navy shall direct the Naval Facilities Engineering Command to conduct an inspection of the pipeline system, supporting infrastructure, 135 STAT. 1633 and appurtenances, including valves and any other corrosion prone equipment, at the Red Hill Bulk Fuel Storage Facility.
(2)Inspection agent; standards.—The inspection required by this subsection shall be performed—(A) by an independent American Petroleum Institute certified inspector who will present findings of the inspection and options to the Secretary of the Navy for improving the integrity of the Red Hill Bulk Fuel Storage Facility and its appurtenances; and
(B)in accordance with the Unified Facilities Criteria (UFC-3-460-03) and American Petroleum Institute 570 inspection standards.
(3)Exception.—The inspection required by this subsection excludes the fuel tanks at the Red Hill Bulk Fuel Storage Facility.
(c)Life-cycle Sustainment Plan.—In conjunction with the inspection required by subsection (b), the Naval Facilities Engineering Command shall prepare a life-cycle sustainment plan for the Red Hill Bulk Fuel Storage Facility, which shall consider the current condition and service life of the tanks, pipeline system, and support equipment.
(d)Consideration of Alternatives to Red Hill Bulk Fuel Storage Facility.—Assessment.The Secretary of Defense shall conduct an assessment of possible alternatives to the Red Hill Bulk Fuel Storage Facility for bulk fuel storage, including consideration of at least three locations outside of the State of Hawai‘i. The assessment shall be based on the overall requirement to support the fuel requirements of the Pacific Fleet, the costs and timeline for recapitalization of the Red Hill Bulk Fuel Storage Facility to the standards delineated in subsection (b)(2)(B), and the costs and timeline to establish an alternative location for secure bulk fuel storage.
(e)Reporting Requirement.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—(1) the results of the independent inspection of the Red Hill Bulk Fuel Storage Facility conducted under subsection (b);
(2)Plan.the life-cycle sustainment plan prepared by the Naval Facilities Engineering Command under subsection (c);
(3)the results of the assessment conducted by the Secretary under subsection
(d)of possible alternatives to the Red Hill Bulk Fuel Storage Facility; and
(4)options on improving the security and maintenance of the Red Hill Bulk Fuel Storage Facility. SEC. 319. Deadlines.ENERGY, WATER, AND WASTE NET-ZERO REQUIREMENT FOR MAJOR MILITARY INSTALLATIONS.(a) [10 USC 2911 note](/us/usc/t10/s2911).Requirement.—The Secretary of Defense shall improve military installation efficiency, performance, and management by ensuring that at least 10 percent of major military installations achieve energy net-zero and water or waste net-zero by fiscal year 2035.
(b)Study on Requirement.—(1) Contracts.Assessments.Study.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into 135 STAT. 1634 a contract with a federally funded research and development center to carry out a study on the net-zero requirement specified in subsection
(a)that assesses, at a minimum, the following:(A) Potential methods or strategies to achieve such requirement by the fiscal year 2035 deadline.
(B)The resiliency of major military installations subject to such requirement with respect to grid or other utility disruptions.
(C)The life-cycle costs related to such requirement.
(D)Computation methods for determining such life-cycle costs.
(E)Determination.Such other matters as the federally funded research and development center carrying out the study determines appropriate.
(2)Deadline.—The study under paragraph
(1)shall be completed by not later than February 1, 2023.
(3)Briefing.—Upon completion of the study under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the findings of the study.
(c)Status Report and Briefings on Progress Toward Meeting Current Goal Regarding Use of Renewable Energy to Meet Facility Energy Needs.—(1) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the progress the Secretary has made toward meeting the goal described in [section 2911(g)(1)(A) of title 10, United States Code](/us/usc/t10/s2911/g/1/A), with respect to fiscal year 2025.
(2)Time period.Briefings.—During fiscal year 2022 and each succeeding fiscal year through fiscal year 2025, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the progress the Secretary has made toward meeting the goal described in [section 2911(g)(1)(A) of title 10, United States Code](/us/usc/t10/s2911/g/1/A), with respect to fiscal year 2025.
(d)[10 USC 2911 note](/us/usc/t10/s2911).Major Military Installation Defined.—In this section, the term “**major military installation**” has the meaning given to the term “**large site**” in the most recent version of the Department of Defense Base Structure Report issued before the date of the enactment of this Act. SEC. 320. [10 USC 4811 note](/us/usc/t10/s4811).DEMONSTRATION PROGRAM ON DOMESTIC PRODUCTION OF RARE EARTH ELEMENTS FROM COAL BYPRODUCTS.(a) Deadline.Demonstration Program Required.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts.
(b)Partnership.—In carrying out the demonstration program required by subsection (a), the Secretary shall seek to enter into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable.
(c)Elements.—The demonstration program required by subsection
(a)shall address the following:135 STAT. 1635(1) The efficacy of separating rare earth elements and critical minerals from acid mine drainage.
(2)The feasibility of bringing such technology to commercialized scale.
(3)Domestic locations that are appropriate for the deployment of such technology.
(4)The ability of such technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense.
(d)Time period.Duration.—The demonstration program required by subsection
(a)shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program.
(e)Deadline.Briefing.—Not later than 120 days after the date of the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners pursuant to subsection
(b)shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the elements of the demonstration program set forth under subsection (c). SEC. 321. [10 USC 2911 note](/us/usc/t10/s2911).LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT PROGRAM.(a) Deadline.Establishment of Initiative.—Not later than March 1, 2022, the Secretary of Defense shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.
(b)Selection of Projects.—To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Secretary of Defense shall—(1) ensure a range of technology types;
(2)ensure regional diversity among projects; and
(3)consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications.
(c)Joint Program.—(1) Consultation.Establishment.—As part of the demonstration initiative under subsection (a), the Secretary of Defense, in consultation with the Secretary of Energy, shall establish within the Department of Defense a joint program to carry out projects—(A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and
(B)to help new, innovative long-duration energy storage technologies become commercially viable.
(2)Deadline.Memorandum of understanding.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a memorandum of understanding with the Secretary of Energy to administer the joint program.
(3)Infrastructure.—In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall—(A) use existing test-bed infrastructure at—(i) installations of the Department of Defense; and
(ii)facilities of the Department of Energy; and135 STAT. 1636
(B)develop new infrastructure for identified projects, if appropriate.
(4)Goals and metrics.—The Secretary of Defense and the Secretary of Energy shall develop goals and metrics for technological progress under the joint program consistent with energy resilience and energy security policies.
(5)Selection of projects.—(A) In general.—To the maximum extent practicable, in selecting projects to participate in the joint program, the Secretary of Defense and the Secretary of Energy may—(i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and
(ii)ensure an appropriate balance of—(I) larger, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and
(II)smaller, lower-cost projects.
(B)Priority.—In carrying out the joint program, the Secretary of Defense and the Secretary of Energy shall give priority to demonstration projects that—(i) Public information.make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and
(ii)will be carried out as field demonstrations fully integrated into the installation grid at an operational scale. SEC. 322. Evaluations.[10 USC 2911 note](/us/usc/t10/s2911).PILOT PROGRAM TO TEST NEW SOFTWARE TO TRACK EMISSIONS AT CERTAIN MILITARY INSTALLATIONS.(a) In General.—The Secretary of Defense may conduct a pilot program (to be known as the “Installations Emissions Tracking Program”) to evaluate the feasibility and effectiveness of software and emerging technologies and methodologies to track real-time emissions from military installations and installation assets.
(b)Goals.—The goals of the Installations Emissions Tracking Program shall be—(1) to evaluate the capabilities of software and emerging technologies and methodologies to effectively track emissions in real time; and
(2)to reduce energy costs and increase efficiencies.
(c)Locations.—If the Secretary conducts the Installations Emissions Tracking Program, the Secretary shall select, for purposes of the Program, four major military installations located in different geographical regions of the United States. SEC. 323. [10 USC 2911 note](/us/usc/t10/s2911).DEPARTMENT OF DEFENSE PLAN TO REDUCE GREENHOUSE GAS EMISSIONS.(a) Deadline.Plan Required.—Not later than September 30, 2022, the Secretary of Defense shall submit to Congress a plan to reduce the greenhouse gas emissions of the Department of Defense.
(b)Briefings.—The Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate annual briefings on the progress of the Department of Defense toward meeting science-based emissions targets in the plan required by subsection (a).135 STAT. 1637 Subtitle C—National Security Climate Resilience SEC. 331. [10 USC 113 note](/us/usc/t10/s113).DEFINITIONS. In this subtitle:(1) The terms “climate resilience” and “extreme weather” have the meanings given such terms in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a), as amended by section 332.
(2)The term “**climate security**” has the meaning given such term in the second subsection
(e)of section 120 of the National Security Act of 1947 ([50 U.S.C. 3060(e)](/us/usc/t50/s3060/e)).
(3)The term “**military installation resilience**” has the meaning given such term in [section 101(e) of title 10, United States Code](/us/usc/t10/s101/e). SEC. 332. CLIMATE RESILIENCE INFRASTRUCTURE INITIATIVE OF THE DEPARTMENT OF DEFENSE.(a) Climate Resilience Infrastructure Initiative.—[Chapter 136 of title 10, United States Code](/us/usc/t10/ch136), is amended by adding at the end the following new section:"“§ 2285.[10 USC 2285](/us/usc/t10/s2285). Department of Defense Climate Resilience Infrastructure Initiative“(a) Designation.—The programs, practices, and activities carried out pursuant to this section shall be known collectively as the ‘Climate Resilience Infrastructure Initiative of the Department of Defense’. “(b) Requirements.Hardening and Quick Recovery.—In carrying out military installation resilience plans pursuant to section 2864 of this title, the Secretary of Defense shall ensure that the development by the Department of Defense of requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for quick recovery from natural disasters and the impacts of extreme weather. “(d) Requirements.Sustainment and Modernization.—The Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. “(e) Collaboration in Planning With Local Communities.—The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of this title, a framework that authorizes and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience, to enhance efficient response to impacts of extreme weather and secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. “(f) Testing and Training Range Lands.—“(1) Practices for sustainment of lands.—The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such 135 STAT. 1638 lands to military personnel, weapon systems, and equipment for testing and training purposes. “(2) Training and education on sustainment of lands.—The Secretary shall develop a program of training and education for members of the Armed Forces (including the reserve components) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). “(3) Investment in resilience of lands.—The Secretary shall use existing programs of the Department, including the Readiness and Environmental Protection Integration Program of the Department (or such successor program), to provide for investments determined appropriate by the Secretary in the lands of the military testing and training ranges, to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short- and long-term. “(b) Use of Certain Technologies.—The Secretary shall take appropriate actions to increase the use of low emission, emission-free, and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department, provided the use is cost effective over the life-cycle of the investment.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 2281. is amended by adding at the end the following new item:" “2285. Department of Defense Climate Resilience Infrastructure Initiative.”. "
(c)Definitions.—[Section 101(a) of title 10, United States Code](/us/usc/t10/s101/a), is amended by adding at the end the following new paragraphs:"“(19) The term ‘**climate resilience**’ means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from, extreme weather, or from anticipated or unanticipated changes in environmental conditions, that do (or have the potential to) adversely affect the national security of the United States or of allies and partners of the United States. “(20) The term ‘**extreme weather**’ means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.” ". SEC. 333. INCLUSION OF INFORMATION REGARDING EXTREME WEATHER AND CYBER ATTACKS OR DISRUPTIONS IN REPORTS ON NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. [Section 2504(3)(B) of title 10, United States Code](/us/usc/t10/s2504/3/B), is amended by inserting “(including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions)” after “industrial base”. SEC. 334. [10 USC 113 note](/us/usc/t10/s113).CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATEGIES, INFRASTRUCTURE, AND FORCE DEVELOPMENT OF DEPARTMENT OF DEFENSE.(a) Climate Challenges and Climate Resilience in Key Processes of Department of Defense.—The Secretary of Defense 135 STAT. 1639 shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department, to include cost effectiveness over the life cycle of the investment weighed against threat reduction.
(b)Climate Resilience Mission Impact Assessment.—(1) In general.—The Secretary shall conduct a mission impact assessment on climate resilience for the Department.
(2)Elements.—The assessment conducted under paragraph
(1)shall include the following:(A) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather may impact the requirements of the commanders of the combatant commands in the respective areas of responsibility of such commanders, including—(i) an assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather;
(ii)an assessment of the impacts of expanding requirements for Department humanitarian assistance and disaster response due to extreme weather;
(iii)a threat assessment of the impacts of extreme weather, drought, and desertification on regional stability;
(iv)an assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; and
(v)Standards.Data.the development of standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather.
(B)A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department.
(C)Review.A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather.
(c)Reports.—(1) Time period.In general.—Not later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, 135 STAT. 1640 measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet the respective mission requirements of the department.
(2)Research, development, and deployment needs.—Each report required by paragraph
(1)shall identify research, development, and deployment needs for each combatant command and functional command. SEC. 335. ASSESSMENT OF CLIMATE RISKS TO INFRASTRUCTURE OF DEPARTMENT OF DEFENSE.(a) In General.—The Secretary of Defense shall direct the Secretary of each military department to—(1) assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1310](/us/stat/133/1310));
(2)assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities and ensure the military installation resilience of such installations and facilities; and
(3)develop installation-specific plans pursuant to [section 2864(c) of title 10, United States Code](/us/usc/t10/s2864/c), and similar plans for State-owned National Guard installations, to address such vulnerabilities.
(b)Determination.Facility Assessment.—In carrying out subsection (a), the Secretary of each military department shall determine the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on the level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the role of such installations and facilities in maintaining overall readiness and operational capability.
(c)Considerations.—In carrying out the assessments and developing the plans required under this section, the Secretary of Defense shall ensure that the cost effectiveness over the life-cycle of the investment, and the feasibility of solutions and technologies, are considered. Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.(a) In General.—[Chapter 160 of title 10, United States Code](/us/usc/t10/ch160), is amended by adding at the end the following new sections:135 STAT. 1641 "“§ 2714.[10 USC 2714](/us/usc/t10/s2714). Perfluoroalkyl substances and polyfluoroalkyl substances task force“(a) Establishment.In General.—The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the ‘PFAS Task Force’). “(b) Membership.—The members of the PFAS Task Force are the following:“(1) The Assistant Secretary of Defense for Energy, Installations, and Environment. “(2) The Assistant Secretary of the Army for Installations, Energy, and Environment. “(3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. “(4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. “(5) The Assistant Secretary of Defense for Health Affairs. “(c) Chairman.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. “(d) Support.—The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. “(e) Duties.—The duties of the PFAS Task Force are the following:“(1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. “(2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances. “(3) Coordination.Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. “(4) Assessment.Assessing the perceptions of Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. “(f) Time period.Report.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. “(g) Definitions.—In this section:“(1) The term ‘**perfluoroalkyl substance**’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. “(2) The term ‘**polyfluoroalkyl substance**’ means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.135 STAT. 1642 “§ 2715.[10 USC 2715](/us/usc/t10/s2715). Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard“(a) Deadline.Assessment.Effective date.In General.—Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. “(b) Determination of Contamination.—Testing conducted under subsection
(a)at a military installation or facility of the National Guard shall determine—“(1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and “(2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. “(c) Additional Response Actions.—Testing conducted under subsection
(a)shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. “(d) Type of Testing.—When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection
(a)or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. “(e) Definitions.—In this section:“(1) The term ‘**military installation**’ has the meaning given such term in section 2801(c)(4) of this title. “(2) The terms ‘perfluoroalkyl substance’ and ‘polyfluoroalkyl substance’ have the meanings given such terms in section 2714 of this title.” ".
(b)Clerical Amendment.—The table of sections for such chapter10 USCprec. 2700. is amended by adding at the end the following new items:" “2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. “2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.”. "
(c)Reports on Status of Testing.—(1) Time period.Submission.—For each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under [section 2715(a) of title 10, United States Code](/us/usc/t10/s2715/a) (as added by subsection (a)), during such year.
(2)Matters.—Each report submitted under paragraph
(1)shall identify, with respect to testing conducted under such section 2715(a)—(A) each military installation or facility where testing has been completed;
(B)each military installation or facility where testing has not yet been completed;135 STAT. 1643
(C)the projected completion date for testing at military installations or facilities where testing has not yet been completed;
(D)the results of testing at military installations or facilities where testing has been completed; and
(E)Timelines.the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance.
(3)Timing.—Each report under paragraph
(1)shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report.
(4)Limitation on delegation.—The Secretary may delegate the responsibility for preparing the reports required by paragraph
(1)only to the Deputy Secretary of Defense.
(5)Definitions.—In this subsection, the terms “military installation”, “perfluoroalkyl substance”, and “polyfluoroalkyl substance” have the meanings given such terms in [section 2715 of title 10, United States Code](/us/usc/t10/s2715) (as added by subsection (a)). SEC. 342. EXTENSION OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [131 Stat. 1350](/us/stat/131/1350)), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1713](/us/stat/132/1713)), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1307](/us/stat/133/1307)), and section 337 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[134 Stat. 3533](/us/stat/134/3533). is further amended by striking “fiscal years 2019, 2020, and 2021” and inserting “fiscal years 2019 through 2023”. SEC. 343. [10 USC 2701 note](/us/usc/t10/s2701).TEMPORARY MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.(a) Time period.Temporary Moratorium.—Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of covered materials until the earlier of the following:(1) The date on which the Secretary issues guidance implementing—(A) the interim guidance on the destruction and disposal of PFAS and materials containing PFAS published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 ([15 U.S.C. 8961](/us/usc/t15/s8961)); and
(B)section 330 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2701 note](/us/usc/t10/s2701)).
(2)Federal Register, publication.The date on which the Administrator of the Environmental Protection Agency publishes in the Federal Register 135 STAT. 1644 a final rule regarding the destruction and disposal of such materials pursuant to such section.
(b)Required Adoption of Final Rule.—Upon publication of the final rule specified in subsection (a)(2), the Secretary shall adopt such final rule, regardless of whether the Secretary previously implemented the interim guidance specified in subsection (a)(1)(A).
(c)Time period.Report.—Not later than one year after the enactment of this Act, and annually thereafter for three years, the Secretary shall submit to the Administrator and the Committees on Armed Services of the Senate and the House of Representatives a report on all incineration by the Department of Defense of covered materials during the year covered by the report, including—(1) the total amount of covered materials incinerated;
(2)the temperature range specified in the permit where the covered materials were incinerated;
(3)the locations and facilities where the covered materials were incinerated;
(4)details on actions taken by the Department of Defense to implement section 330 of the National Defense Authorization Act for Fiscal Year 2020; and
(5)Recommenda-tions.recommendations for the safe storage of PFAS and PFAS-containing materials prior to destruction and disposal.
(d)Applicability.Scope.—The prohibition in subsection
(a)and reporting requirements in subsection
(c)shall apply not only to materials sent directly by the Department of Defense to an incinerator, but also to materials sent to another entity or entities, including any waste processing facility, subcontractor, or fuel blending facility, prior to incineration.
(e)Definitions.—In this section:(1) The term “**AFFF**” means aqueous film forming foam.
(2)The term “**covered material**” means any AFFF formulation containing PFAS, material contaminated by AFFF release, or spent filter or other PFAS-contaminated material resulting from site remediation or water filtration that—(A) has been used by the Department of Defense or a military department;
(B)is being discarded for disposal by the Department of Defense or a military department; or
(C)is being removed from sites or facilities owned or operated by the Department of Defense.
(3)The term “**PFAS**” means per- or polyfluoroalkyl substances. SEC. 344. [10 USC 2701 note](/us/usc/t10/s2701).REVIEW AND GUIDANCE RELATING TO PREVENTION AND MITIGATION OF SPILLS OF AQUEOUS FILM-FORMING FOAM.(a) Deadline.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”).Assessments. Such review shall assess the following:(1) Guidelines.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.135 STAT. 1645
(2)Requirements.Any requirements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity of the Department that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment.
(3)Compliance.The methods by which the Secretary ensures compliance with guidance specified in material safety data sheets with respect to the use of such personal protective equipment.
(b)Deadline.Recommenda-tions.Guidance.—Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance on the prevention and mitigation of spills of AFFF based on the results of such review that includes, at a minimum, best practices and recommended requirements to ensure the following:(1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity of the Department of Defense that may result in such a spill.
(2)The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities for the Department in the vicinity of such drains or basins.
(3)The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1).
(c)Deadline.Summary.Briefing.—Not later than 30 days after the date on which the Secretary issues the guidance under subsection (b), the Secretary shall provide to the congressional defense committees a briefing that summarizes the results of the review conducted under subsection
(a)and the guidance issued under subsection (b). SEC. 345. [10 USC 2715 note](/us/usc/t10/s2715).PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE TESTING OF WATER FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.(a) Public Disclosure of Results.—(1) Deadline.In general.—Except as provided in paragraph (2), not later than 20 days after the receipt of a final result of testing water for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as “PFAS”) in a covered area, the Secretary of Defense shall publicly disclose such final result, including—(A) the results of all such testing conducted in the covered area by the Department of Defense; and
(B)the results of all such testing conducted in the covered area by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department of Defense.
(2)Consent by private property owners.—The Secretary of Defense may not publicly disclose the results of testing for perfluoroalkyl or polyfluoroalkyl substances conducted on private property without the consent of the property owner.
(b)Public Disclosure of Planned Testing of Water.—Not Deadline.Time period.Timeline.later than 180 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall 135 STAT. 1646 publicly disclose the anticipated timeline for, and general location of, any planned testing for perfluoroalkyl or polyfluoroalkyl substances proposed to be conducted in a covered area, including—(1) all such testing to be conducted by the Department of Defense; and
(2)all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under a contract, or pursuant to an agreement, with the Department.
(c)Web postings.Nature of Disclosure.—The Secretary of Defense may satisfy the disclosure requirements under subsections
(a)and
(b)by publishing the results and information referred to in such subsections—(1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C 2701 note](/us/usc/t10/s2701));
(2)on another publicly available website of the Department of Defense; or
(3)Federal Register, publication.in the Federal Register.
(d)Local Notification.—Prior to conducting any testing of water for perfluoroalkyl or polyfluoroalkyl substances, including any testing which has not been planned or publicly disclosed pursuant to subsection (b), the Secretary of Defense shall provide notice of the testing to—(1) the managers of the public water system serving the covered area where such testing is to occur;
(2)the heads of the municipal government serving the covered area where such testing is to occur; and
(3)as applicable, the members of the restoration advisory board for the military installation where such testing is to occur.
(e)Methods for Testing.—In testing water for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall adhere to methods for measuring the amount of such substances in drinking water that have been validated by the Administrator of the Environmental Protection Agency.
(f)Definitions.—In this section:(1) The term “**covered area**” means an area in the United States that is located immediately adjacent to and down gradient from a military installation, a formerly used defense site, or a facility where military activities are conducted by the National Guard of a State pursuant to [section 2707(e) of title 10, United States Code](/us/usc/t10/s2707/e).
(2)The term “**formerly used defense site**” means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the “Environmental Restoration Account, Formerly Used Defense Sites” account established under [section 2703(a)(5) of title 10, United States Code](/us/usc/t10/s2703/a/5).
(3)The term “**military installation**” has the meaning given such term in [section 2801(c)(4) of title 10, United States Code](/us/usc/t10/s2801/c/4).
(4)The term “**perfluoroalkyl or polyfluoroalkyl substance**” means any man-made chemical with at least one fully fluorinated carbon atom.
(5)The term “**public water system**” has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ([42 U.S.C. 300f(4)](/us/usc/t42/s300f/4)).135 STAT. 1647
(6)The term “**restoration advisory board**” means a restoration advisory board established pursuant to [section 2705(d) of title 10, United States Code](/us/usc/t10/s2705/d). SEC. 346. [10 USC 2679 note](/us/usc/t10/s2679).REVIEW OF AGREEMENTS WITH NON-DEPARTMENT ENTITIES WITH RESPECT TO PREVENTION AND MITIGATION OF SPILLS OF AQUEOUS FILM-FORMING FOAM.(a) Deadline.Review Required.—Not later than 180 days of after the date of the enactment of this Act, the Secretary of Defense shall complete a review of mutual support agreements entered into with non-Department of Defense entities (including State and local entities) that involve fire suppression activities in support of missions of the Department.
(b)Assessment.Matters.—The review under subsection
(a)shall assess, with respect to the agreements specified in such subsection, the following:(1) Guidelines.The preventative maintenance guidelines specified in such agreements for fire trucks and fire suppression systems, to mitigate the risk of equipment failure that may result in a spill of aqueous film-forming foam (in this section referred to as “AFFF”).
(2)Requirements.Any requirements specified in such agreements for the use of personal protective equipment by personnel when conducting a material transfer or maintenance activity pursuant to the agreement that may result in a spill of AFFF, or when conducting remediation activities for such a spill, including requirements for side-shield safety glasses, latex gloves, and respiratory protection equipment.
(3)Compliance.The methods by which the Secretary, or the non-Department entity with which the Secretary has entered into the agreement, ensures compliance with guidance specified in the agreement with respect to the use of such personal protective equipment.
(c)Deadline.Requirements.Recommenda-tions.Guidance.—Not later than 90 days after the date on which the Secretary completes the review under subsection (a), the Secretary shall issue guidance (based on the results of such review) on requirements to include under the agreements specified in such subsection, to ensure the prevention and mitigation of spills of AFFF. Such guidance shall include, at a minimum, best practices and recommended requirements to ensure the following:(1) The supervision by personnel trained in responding to spills of AFFF of each material transfer or maintenance activity carried out pursuant to such an agreement that may result in such a spill.
(2)The use of containment berms and the covering of storm drains and catch basins by personnel performing maintenance activities pursuant to such an agreement in the vicinity of such drains or basins.
(3)The storage of materials for the cleanup and containment of AFFF in close proximity to fire suppression systems in buildings of the Department and the presence of such materials during any transfer or activity specified in paragraph (1).
(d)Deadline.Summary.Briefing.—Not later than 30 days after the date on which the Secretary issues the guidance under subsection (c), the Secretary shall provide to the congressional defense committees a briefing 135 STAT. 1648 that summarizes the results of the review conducted under subsection
(a)and the guidance issued under subsection (c). SEC. 347. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING CERTAIN PFAS SUBSTANCES.(a) Study.—The Comptroller General of the United States shall conduct a study on the procurement by the Department of Defense of certain items that contain covered PFAS substances.
(b)Assessments.Elements.—In conducting the study under subsection (a), the Comptroller General shall assess the following:(1) The extent to which information is available to the Department of Defense regarding the presence of covered PFAS substances in the items procured by the Department.
(2)The challenges, if any, that exist in identifying the presence of covered PFAS substances in the items the Department procures, including whether there are certain categories of items that are more readily identified than others as containing such substances.
(3)The extent to which the Department has examined the feasibility of prohibiting the procurement of items containing covered PFAS substances.
(4)Such other topics as may be determined necessary by the Comptroller General.
(c)Examination.Items.—In conducting the study under subsection (a), the Comptroller General shall, to the extent practicable, examine information relating to the consideration by the Department of Defense of such substances in the following items:(1) Furniture or floor waxes.
(2)Car wax and car window treatments.
(3)Cleaning products.
(4)Shoes and clothing for which treatment with a covered PFAS substance is not necessary for an essential function.
(d)Deadline.Briefing and Report.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the study conducted under subsection (a), including any preliminary observations. After such interim briefing, the Comptroller General shall submit to the committees a report on the study at a date mutually agreed upon by the Comptroller General and the committees.
(e)Covered PFAS Substance Defined.—In this section, the term “**covered PFAS substance**” means any of the following:(1) Perfluorononanoic acid (PFNA).
(2)Perfluorooctanoic acid (PFOA).
(3)Perfluorohexanoic acid (PFHxA).
(4)Perfluorooctane sulfonic acid (PFOS).
(5)Perfluorohexane sulfonate (PFHxS).
(6)Perfluorobutane sulfonic acid (PFBS).
(7)GenX. SEC. 348. REPORT ON SCHEDULE FOR COMPLETION OF REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.(a) Cost estimates.Effective date.In General.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the 135 STAT. 1649 completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances.
(b)Definitions.—In this section:(1) The term “**military installation**” has the meaning given such term in [section 2801(c)(4) of title 10, United States Code](/us/usc/t10/s2801/c/4).
(2)The term “**perfluoroalkyl substance**” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
(3)The term “**polyfluoroalkyl substance**” means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. SEC. 349. REPORT ON REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES AT CERTAIN MILITARY INSTALLATIONS.(a) State listing.In General.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations:(1) England Air Force Base, Louisiana.
(2)Naval Air Weapons Station China Lake, California.
(3)Patrick Air Force Base, Florida.
(4)Myrtle Beach Air Force Base, South Carolina.
(5)Langley Air Force Base, Virginia.
(6)Naval Air Station Jacksonville, Florida.
(7)Niagara Falls Air Reserve Station, New York.
(8)Grand Prairie Armed Forces Reserve Complex, Texas.
(9)Altus Air Force Base, Oklahoma.
(10)Charleston Air Force Base, South Carolina.
(11)Barksdale Air Force Base, Louisiana.
(12)Plattsburgh Air Force Base, New York.
(13)Tyndall Air Force Base, Florida.
(14)Sheppard Air Force Base, Texas.
(15)Columbus Air Force Base, Mississippi.
(16)Chanute Air Force Base, Illinois.
(17)Marine Corps Air Station Tustin, California.
(18)Travis Air Force Base, California.
(19)Ellsworth Air Force Base, South Dakota.
(20)Minot Air Force Base, North Dakota.
(21)Westover Air Reserve Base, Massachusetts.
(22)Eaker Air Force Base, Arkansas.
(23)Naval Air Station Alameda, California.
(24)Eielson Air Force Base, Alaska.
(25)Horsham Air Guard Station, Pennsylvania.
(26)Vance Air Force Base, Oklahoma.
(27)Dover Air Force Base, Delaware.
(28)Edwards Air Force Base, California.
(29)Robins Air Force Base, Georgia.
(30)Joint Base McGuire–Dix–Lakehurst, New Jersey.
(31)Galena Air Force Base, Alaska.135 STAT. 1650
(32)Naval Research Laboratory Chesapeake Bay Detachment, Maryland.
(33)Buckley Air Force Base, Colorado.
(34)Arnold Air Force Base, Tennessee.
(35)Tinker Air Force Base, Oklahoma.
(36)Fairchild Air Force Base, Washington.
(37)Vandenberg Air Force Base, California.
(38)Hancock Field Air National Guard Base, New York.
(39)F.E. Warren Air Force Base, Wyoming.
(40)Nevada Air National Guard Base, Nevada.
(41)K.I. Sawyer Air Force Base, Michigan.
(42)Pease Air Force Base, New Hampshire.
(43)Whiteman Air Force Base, Missouri.
(44)Wurtsmith Air Force Base, Michigan.
(45)Shepherd Field Air National Guard Base, West Virginia.
(46)Naval Air Station Whidbey Island–Ault Field, Washington.
(47)Rosecrans Air National Guard Base, Missouri.
(48)Joint Base Andrews, Maryland.
(49)Iowa Air National Guard Base, Iowa.
(50)Stewart Air National Guard Base, New York.
(b)Definitions.—In this section:(1) The term “**perfluoroalkyl substance**” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
(2)The term “**polyfluoroalkyl substance**” means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. Subtitle E—Logistics and Sustainment SEC. 351. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE DEPARTMENT OF DEFENSE THROUGH REDUCTION OF OPERATIONAL ENERGY DEMAND.(a) Clarification of Operational Energy Responsibilities.—[Section 2926 of title 10, United States Code](/us/usc/t10/s2926), is amended—(1) in subsection (a), by inserting “in contested logistics environments” after “missions”; and
(2)in subsection (b)—(A) in the heading, by striking “Authorities” and inserting “Responsibilities”;
(B)in the matter preceding paragraph (1), by striking “may” and inserting “shall”;
(C)by amending paragraph
(1)to read as follows:"“(1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans;” ";
(D)in paragraph (2), by inserting “ supportability in contested logistics environments,” after “power,”; and
(E)in paragraph (3), by inserting “in contested logistics environments” after “vulnerabilities”.
(b)Establishment of Working Group.—Such section is further amended—135 STAT. 1651(1) in subsection (c)—(A) Coordination.in the matter preceding paragraph (1), by inserting “ and in coordination with the working group under subsection (d)” after “components”;
(B)in paragraph (1), by striking “Defense and oversee” and inserting “Defense, including the activities of the working group established under subsection (d), and oversee”;
(C)in paragraph (2), by inserting “, taking into account the findings of the working group under subsection (d)” after “Defense”; and
(D)in paragraph (3), by inserting “, taking into account the findings of the working group under subsection (d)” after “resilience”;
(2)by redesignating subsections
(d)through
(f)as subsections
(e)through (g), respectively;
(3)by inserting after subsection (c), as amended by paragraph (1), the following new subsection:"“(d) Establishment.Working Group.—(1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts. “(2) The head of the working group under paragraph
(1)shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e). “(3) Appointments.The members of the working group under paragraph
(1)shall be appointed as follows:“(A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force. “(B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command. “(C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff. “(4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection
(e)for the respective component of the Department that the member represents. “(5) The duties of the working group under paragraph
(1)shall be as follows:“(A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense. “(B) Developing recommendations regarding the strategy for operational energy under subsection (e).135 STAT. 1652 “(C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces. “(D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets. “(E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation.” "; and
(4)in subsection (g), as redesignated by paragraph (2)—(A) in paragraph (1)—(i) by striking “The Secretary of a military department” and inserting “Each member of the working group under subsection (d)”; and
(ii)by striking “conducted by the military department” and inserting “conducted by the respective component of the Department that the member represents for purposes of the working group”; and
(B)in paragraph (2), by striking “military department” and inserting “armed force”.
(c)Modifications to Operational Energy Strategy.—Subsection
(e)of such section, as redesignated by subsection (b)(2), is amended to read as follows:"“(1) Coordination.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.Updates.Time period.Plan. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense. “(2) Assessments.The strategy required under paragraph
(1)shall include the following:“(A) Plan.A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force. “(B) An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment. “(C) An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term. “(D) An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation.135 STAT. 1653 “(E) An assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary. “(3) Procedures.Recommenda-tions.By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy. “(4) Deadline.Time period.Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).” ".
(d)Definition.—Such section is further amended by adding at the end the following new subsection:"“(h) Contested Logistics Environment Defined.—In this section, the term ‘**contested logistics environment**’ means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.” ".
(e)Conforming Amendment.—[Section 2926(c)(5) of title 10, United States Code](/us/usc/t10/s2926/c/5), is amended by striking “subsection (e)(4)” and inserting “subsection (f)(4)”.
(f)Interim Report.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section.Update. Such report shall include an update regarding the establishment of the working group under [section 2926(d) of title 10, United States Code](/us/usc/t10/s2926/d), as amended by subsection (b).
(g)Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment.—Deadline.Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following:(1) The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment.
(2)Plan.A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment.
(3)Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under [section 138(b)(7) of title 10, United States Code](/us/usc/t10/s138/b/7), and any other duties required of such Assistant Secretary by law. SEC. 352. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.(a) Responsibility of United States Transportation Command.—135 STAT. 1654
(1)In general.—[Subchapter III of chapter 173 of title 10, United States Code](/us/usc/t10/ch173/schIII), is amended by adding at the end the following new section:"“§ 2927.[10 USC 2927](/us/usc/t10/s2927). Global bulk fuel management and delivery“(a) Effective date.Responsible Element.—(1) Beginning during the period described in paragraph
(2)and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and delivery of the Department of Defense on a global basis. “(2) Time period.The period described in this paragraph is the period beginning on January 1, 2023, and ending on February 1, 2023. “(b) Coordination With Defense Logistics Agency.—In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the Defense Logistics Agency. “(c) Rule of Construction.—Except to the extent that, prior to January 1, 2023, a responsibility specified in subsection
(a)was a specific function of the Defense Logistics Agency Energy, nothing under this section shall be construed as—“(1) limiting any other function of the Defense Logistics Agency Energy; or “(2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transportation Command.” ".
(2)Clerical amendment.—The table of contents for such subchapter[10 USC ](/us/usc/t10)prec. 2924. is amended by adding at the end the following new item:" “2927. Global bulk fuel management and delivery.”. "
(b)Deadline.Reviews.Briefing.—Not later than July 1, 2022, the Commander of United States Transportation Command shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on progress made to carry out the transfer of responsibilities to the United States Transportation Command pursuant to [section 2927 of title 10, United States Code](/us/usc/t10/s2927) (as added by subsection (a)), including—(1) a review of the plan of action for such transfer;
(2)a review of milestones completed and yet to be completed with respect to such transfer; and
(3)Determination.an identification of any legislative changes or additional resources the Commander determines are necessary to implement such section 2927.
(c)Global Bulk Fuel Management Strategy.—(1) Deadline.Strategy required.—Not later than October 1, 2022, the Commander of United States Transportation Command shall prepare and submit to the Committees on Armed Services of the House of Representatives and the Senate a strategy to develop the infrastructure and programs necessary to optimally support global bulk fuel management of the Department of Defense.
(2)Additional elements.—The strategy under paragraph
(1)shall include the following additional elements:(A) A description of the current organizational responsibility for bulk fuel management of the Department, organized by geographic combatant command, including with respect to ordering, storage, and strategic and tactical transportation.135 STAT. 1655
(B)A description of any legacy bulk fuel management assets of each of the geographic combatant commands.
(C)A description of the operational plan to exercise such assets to ensure full functionality and to repair, upgrade, or replace such assets as necessary.
(D)An identification of the resources required for any such repairs, upgrades, or replacements.
(E)A description of the current programs relating to platforms, weapon systems, or research and development, that are aimed at managing fuel constraints by decreasing demand for fuel.
(F)Assessments.An assessment of current and projected threats to forward-based bulk fuel delivery, storage, and distribution systems, and an assessment, based on such current and projected threats, of attrition to bulk fuel infrastructure, including storage and distribution systems, in a conflict involving near-peer foreign countries.
(G)Assessment.An assessment of current days of supply guidance, petroleum war reserve requirements, and prepositioned war reserve stocks, based on operational tempo associated with distributed operations in a contested environment.
(H)An identification of the resources required to address any changes to such guidance, requirements, or stocks recommended as the result of such assessment.
(I)List.Recommenda-tions.An identification of any global shortfall with respect to bulk fuel management, organized by geographic combatant command, and a prioritized list of investment recommendations to address each shortfall identified.
(3)Coordination.—In preparing the strategy under paragraph (1), the Commander of United States Transportation Command shall coordinate with subject matter experts of the Joint Staff, the geographic combatant commands, the Defense Logistics Agency, and the military departments.
(4)Form.—The strategy under paragraph
(1)may be submitted in classified form, but if so submitted shall include an unclassified executive summary.
(d)Conforming Amendments.—Section 2854 of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB))[10 USC 2922 note](/us/usc/t10/s2922). is amended—(1) in subsection (b), by striking “The organizational element designated pursuant to subsection (a)” and inserting “The Secretary of Defense”;
(2)in subsection (c), by striking “subsection (b)” and inserting “subsection (a)”;
(3)by striking subsections
(a)and (d); and
(4)by redesignating subsections
(b)and (c), as amended by paragraphs
(1)and (2), as subsections
(a)and (b), respectively. SEC. 353. TEST AND EVALUATION OF POTENTIAL BIOBASED SOLUTION FOR CORROSION CONTROL AND MITIGATION.(a) Deadline.Test and Evaluation.—Not later than 120 days after the date of the enactment of this Act, the Director of the Strategic Environmental Research and Development Program and the Environmental Security Technology Certification Program shall test and evaluate at least one existing covered biobased solution for 135 STAT. 1656 use as an alternative to current solutions of the Department of Defense for the control and mitigation of corrosion.
(b)Requirements.Determination.—Following the test and evaluation of a covered biobased solution under subsection (a), the Director shall determine, based on such test and evaluation, whether the solution meets the following requirements:(1) The solution is capable of being produced domestically in sufficient quantities.
(2)The solution is at least as effective at the control and mitigation of corrosion as current alternative solutions.
(3)The solution reduces environmental exposures.
(c)Determination.Recommendations.—The Director shall develop recommendations for the Department of Defense-wide deployment of covered biobased solutions that the Director has determined meet the requirements under subsection (b).
(d)Covered Biobased Solution Defined.—In this section, the term “**covered biobased solution**” means a solution for the control and mitigation of corrosion that is domestically produced, commercial, and biobased. SEC. 354. [10 USC 2476 note](/us/usc/t10/s2476).PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC INDUSTRIAL BASE MAINTENANCE AND REPAIR OPERATIONS.(a) Deadline.Coordination.In General.—Beginning not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Sustainment, in coordination with the Secretaries of the military departments, shall undertake a pilot program under which the digitization of the facilities and operations of at least one covered depot shall be provided for by the Secretary concerned.
(b)Elements of Pilot Program.—In carrying out the pilot program under this section, the Secretary concerned shall provide for each of the following at the covered depot or depots at which the program is carried out:(1) The creation of a digital twin model of the maintenance, repair, and remanufacturing infrastructure and activities.
(2)The modeling and simulation of optimized facility configuration, logistics systems, and processes.
(3)Analysis.The analysis of material flow and resource use to achieve key performance metrics for all levels of maintenance and repair.
(4)Assessment.An assessment of automated, advanced, and additive manufacturing technologies that could improve maintenance, repair, and remanufacturing operations.
(c)Report.—Not later than 60 days after the completion of the digital twin model and associated analysis, the Assistant Secretary of Defense for Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. Such report shall include—(1) Summary.a summary of the cost of the pilot program;
(2)a description of the efficiencies identified under the pilot program;
(3)a description of the infrastructure, workforce, and capital equipment investments necessary to achieve such efficiencies;
(4)Plans.any plans to undertake such investments; and135 STAT. 1657
(5)Assessment.the assessment of the Assistant Secretary of the value of the pilot program and the potential applicability of the findings of the pilot program to other covered depots.
(d)Definitions.—In this section:(1) The term “**covered depot**” includes any depot covered under [section 2476(e) of title 10, United States Code](/us/usc/t10/s2476/e), except for the following:(A) Portsmouth Naval Shipyard, Maine.
(B)Pearl Harbor Naval Shipyard, Hawaii.
(C)Puget Sound Naval Shipyard, Washington.
(D)Norfolk Naval Shipyard, Virginia.
(2)The terms “military departments” and “Secretary concerned” have the meanings given such terms in [section 101 of title 10, United States Code](/us/usc/t10/s101). SEC. 355. [10 USC 8013 note](/us/usc/t10/s8013).IMPROVED OVERSIGHT FOR IMPLEMENTATION OF SHIPYARD INFRASTRUCTURE OPTIMIZATION PROGRAM OF THE NAVY.(a) Updated Plan.—(1) Deadline.In general.—Not later than September 30, 2022, the Secretary of the Navy shall submit to the congressional defense committees an update to the plan of the Secretary for implementation of the Shipyard Infrastructure Optimization Program of the Department of the Navy, with the objective of providing increased transparency for the actual costs and schedules associated with infrastructure optimization activities for shipyards covered by such program.
(2)Updated cost estimates.—The updated plan required under paragraph
(1)shall include updated cost estimates comprising the most recent costs of capital improvement projects for each of the four public shipyards covered by the Shipyard Infrastructure Optimization Program.
(b)Briefing Requirement.—(1) In general.—Before the start of physical construction with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall brief each of the congressional defense committees on such project, regardless of the source of funding for such project.
(2)Written information.—Before conducting a briefing under paragraph
(1)with respect to a covered project, the Secretary of the Navy or a designee of the Secretary shall submit to the congressional defense committees in writing the following information:(A) Update.Cost estimate.An updated cost estimate for such project that—(i) meets the standards of the Association for the Advancement of Cost Engineering for a Level 1 or Level 2 cost estimate; or
(ii)is an independent cost estimate.
(B)Schedule.A schedule for such project that is comprehensive, well-constructed, credible, and controlled pursuant to the Schedule Assessment Guide: Best Practices for Project Schedules (GAO–16–89G) set forth by the Comptroller General of the United States in December 2015, or successor guide.
(C)Estimate.An estimate of the likelihood that programmed and planned funds for such project will be sufficient for the completion of the project.135 STAT. 1658
(3)Covered project defined.—In this subsection, the term “**covered project**” means a shipyard project under the Shipyard Infrastructure Optimization Program—(A) with a contract awarded on or after October 1, 2024; and
(B)valued at $250,000,000 or more.
(c)Annual Report.—(1) Coordination.In general.—Not later than December 31, 2022, and not later than December 31 of each year thereafter, the Commander of the Naval Sea Systems Command, in coordination with the Program Manager Ships 555, shall submit to the congressional defense committees a report detailing the use by the Department of the Navy of funding for all efforts associated with the Shipyard Infrastructure Optimization Program, including the use of amounts made available by law to support the projects identified in the plan to implement such program, including any update to such plan under subsection (a).
(2)Updates.Estimates.Elements.—Each report required by paragraph
(1)shall include updated cost and schedule estimates—(A) for the plan to implement the Shipyard Optimization Program, including any update to such plan under subsection (a); and
(B)for each dry dock, major facility, and infrastructure project valued at $250,000,000 or more under such program.
(d)Comptroller General Report.—(1) Report.—(A) In general.—Not later than May 1, 2023, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the Secretary of the Navy in implementing the Shipyard Infrastructure Optimization Program, including—(i) the progress of the Secretary in completing the first annual report required under such program; and
(ii)Estimates.the cost and schedule estimates for full implementation of such program.
(B)Assessments.Elements.—The report required by subparagraph
(A)shall include the following:(i) An assessment of the extent to which the cost estimate for the updated optimization plan for the Shipyard Infrastructure Optimization Program is consistent with leading practices for cost estimation.
(ii)An assessment of the extent to which the project schedule for such program is comprehensive, well-constructed, credible, and controlled.
(iii)An assessment of whether programmed and planned funds for a project under such program will be sufficient for the completion of the project.
(iv)Such other related matters as the Comptroller General considers appropriate.
(2)Deadline.Initial briefing.—Not later than April 1, 2023, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the preliminary findings of the report under paragraph (1).135 STAT. 1659 SEC. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT PROGRAMS.(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F–35 A/B/C, F/A–18 C/D/E/F/G, AV–8B, A–10C, F–16 C/D, F–22, and F–15 C/E/EX aircraft fleets. Such report shall include the following:(1) Assessment.A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs.
(2)Time period.An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format.
(b)Limitation on Certain F–35 Contracts.—(1) Certification.Determination.In general.—The Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F–35 airframe or engine programs, or modify an existing contract for the F–35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will—(A) reduce sustainment or operating costs for the F–35 airframe or engine programs; or
(B)increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F–35 weapon system.
(2)Analysis.Certification.—Any certification submitted pursuant to paragraph
(1)shall include a cost-benefit analysis comparing an existing contract for the F–35 airframe or engine programs with a performance-based logistics sustainment contract for the F–35 airframe or engine programs.
(3)Applicability.—The limitation under paragraph
(1)shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F–35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1).
(c)Determination.Cost-per-tail-per-year Calculation.—For purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by—(1) adding the total amount expended for a fiscal year (in base year fiscal 2012 dollars) for all such aircraft in the inventory of an Armed Force for—(A) unit level manpower;
(B)unit operations;
(C)maintenance;
(D)sustaining support;135 STAT. 1660
(E)continuing system support; and
(F)modifications; and
(2)dividing the sum resulting under paragraph
(1)by the average number of such aircraft in the inventory of an Armed Force during such fiscal year. SEC. 357. COMPTROLLER GENERAL ANNUAL REVIEWS OF F–35 SUSTAINMENT EFFORTS.(a) Deadlines.Annual Reviews and Briefings.—Not later than March 1 of each year of 2022, 2023, 2024, and 2025, the Comptroller General of the United States shall—(1) conduct an annual review of the sustainment efforts of the Department of Defense with respect to the F–35 aircraft program (including the air vehicle and propulsion elements of such program); and
(2)provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on such review, including any findings of the Comptroller General as a result of such review.
(b)Assessments.Elements.—Each review under subsection (a)(1) shall include an assessment of the following:(1) The status of the sustainment strategy of the Department for the F–35 Lightning II aircraft program.
(2)The Department oversight and prime contractor management of key sustainment functions with respect to the F–35 aircraft program.
(3)The ability of the Department to reduce the costs, or otherwise maintain the affordability, of the sustainment of the F–35 fleet.
(4)Determination.Any other matters regarding the sustainment or affordability of the F–35 aircraft program that the Comptroller General determines to be of critical importance to the long-term viability of such program.
(c)Reports.—Following the provision of each briefing under subsection (a)(2), at such time as is mutually agreed upon by the Committees on Armed Services of the House of Representatives and the Senate and the Comptroller General, the Comptroller General shall submit to such committees a report on the matters covered by the briefing. Subtitle F—Reports SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED MILITARY MANPOWER IN READINESS REPORTS. [Section 482(b) of title 10, United States Code](/us/usc/t10/s482/b), is amended—(1) by redesignating paragraph
(10)as paragraph (11); and
(2)by inserting after paragraph
(9)the following new paragraph:"“(10) Information regarding the extent to which any member of the armed forces is assigned or detailed outside the member’s unit or away from training in order to perform any function that had previously been performed by civilian employees of the Federal Government.” ". SEC. 362. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS. [Section 8674(d) of title 10, United States Code](/us/usc/t10/s8674/d), is amended—135 STAT. 1661(1) in paragraph (1)—(A) by striking “submit to the” and inserting “provide to the”;
(B)by inserting “a briefing and submit to such committees” after “congressional defense committees”; and
(C)by striking “setting forth” and inserting “regarding”;
(2)in paragraph (2)—(A) by striking “in an unclassified form that is releasable to the public without further redaction.” and inserting “in—”; and
(B)by adding at the end the following new subparagraphs:"“(A) a classified form; and “(B) an unclassified form that is releasable to the public without further redaction.” "; and
(3)by striking paragraph (3). SEC. 363. [10 USC 2722 note](/us/usc/t10/s2722).INCIDENT REPORTING REQUIREMENTS FOR DEPARTMENT OF DEFENSE REGARDING LOST OR STOLEN WEAPONS.(a) Time periods.In General.—For each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as “AA&E”) of the Department of Defense during such year, including the following:(1) M–16 or M4s.
(2)Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns.
(3)Functional launch tube with umbilical squib installed and grip stock for the Stinger missile.
(4)Launch tube, sight assembly, and grip stock for missiles.
(5)Tracker for the Dragon missile.
(6)Mortar tubes up to and including 81mm.
(7)Grenade launchers.
(8)Rocket and missile launchers with an unpacked weight of 100 pounds or less.
(9)Flame throwers.
(10)The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit.
(11)Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels.
(12)Handguns.
(13)Recoil-less rifles up to and including 106mm.
(14)Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round.
(15)Stinger missiles.
(16)Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136
(AT4)anti-armor launcher and cartridge (84mm).
(17)Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function, 135 STAT. 1662 including HYDRA–70 rockets and tube-launched optically wire guided
(TOW)missiles.
(18)Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile.
(19)Explosive rounds of any missile or rocket listed in paragraphs
(1)through (18).
(20)Hand or rifle grenades (high-explosive and white phosphorous).
(21)Antitank or antipersonnel mines.
(22)Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT).
(23)Warheads for sensitive missiles and rockets weighing less than 50 pounds each.
(24)Ammunition that is .50 caliber or larger with explosive-filled projectile.
(25)Incendiary grenades and fuses for high-explosive grenades.
(26)Blasting caps.
(27)Supplementary charges.
(28)Bulk explosives.
(29)Detonating cord.
(30)Riot control agents.
(b)Immediate Reporting of Confirmed Thefts, Losses, and Recoveries.—Deadline.Not later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement. SEC. 364. [10 USC note](/us/usc/t10)prec. 501.STRATEGY AND ANNUAL REPORT ON CRITICAL LANGUAGE PROFICIENCY OF SPECIAL OPERATIONS FORCES.(a) Strategy.—(1) Deadline.Coordination.Strategy required.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a strategy to improve the language proficiency of the special operations forces of the Armed Forces, including by identifying individuals who have proficiency in a critical language and recruiting and retaining such individuals in the special operations forces.
(2)Elements.—The strategy under paragraph
(1)shall include the following:(A) Requirements.A baseline of foreign language proficiency requirements to be implemented within the special operations forces, disaggregated by Armed Force and by critical language.
(B)Annual recruitment targets for the number of candidates with demonstrated proficiency in a critical language to be selected for participation in the initial assessment and qualification programs of the special operations forces.
(C)A description of current and planned efforts of the Secretaries concerned and the Assistant Secretary to meet such annual recruitment targets.135 STAT. 1663
(D)A description of any training programs used to enhance or maintain foreign language proficiency within the special operations forces, including any nongovernmental programs used.
(E)Plan.An annual plan to enhance and maintain foreign language proficiency within the special operations forces of each Armed Force.
(F)Plan.An annual plan to retain members of the special operation forces of each Armed Force who have proficiency in a foreign language.
(G)Determination.A description of current and projected capabilities and activities that the Assistant Secretary determines are necessary to maintain proficiency in critical languages within the special operations forces.
(H)Plan.Determination.A plan to implement a training program for members of the special operations forces who serve in positions that the Assistant Secretary determines require proficiency in a critical language to support the Department of Defense in strategic competition.
(b)Time period.Coordination.Reports Required.—Not later than December 31, 2022, and annually thereafter until December 31, 2025, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees a report on the strategy required under subsection (a), including progress in achieving the objectives of the strategy with respect to the recruitment, training, and retention of members of the special operations forces who have proficiency in a critical language.
(c)Definitions.—In this section:(1) The term “**critical language**” means a language identified by the Director of the National Security Education Program as critical to national security.
(2)The terms “military departments” and “Secretary concerned” have the meanings given such terms in [section 101 of title 10, United States Code](/us/usc/t10/s101).
(3)The term “**proficiency**” means proficiency in a language, as assessed by the Defense Language Proficiency Test.
(4)The term “**special operations forces**” means forces described under [section 167(j) of title 10, United States Code](/us/usc/t10/s167/j). Subtitle G—Other Matters SEC. 371. MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE MATTERS.(a) Strategy to Test and Integrate Wind Turbine Interference Mitigation Strategies.—Coordination.The Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense.
(b)Modification of Clearinghouse Requirements.—[Section 183a(c) of title 10, United States Code](/us/usc/t10/s183a/c), is amended—(1) in paragraph (2), by adding at the end the following new subparagraph:135 STAT. 1664 "“(C) Notice.Assessment.A notice of presumed risk issued under subparagraph
(A)is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk.” "; and
(2)by adding at the end the following new paragraph:"“(8) Deadline.If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no adverse impact on military operations under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: ‘No Part 77 concerns, national security review ongoing.’.” ". SEC. 372. ESTABLISHMENT OF JOINT SAFETY COUNCIL.(a) In General.—[Chapter 7 of title 10, United States Code](/us/usc/t10/ch7), 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’).[10 USC 184](/us/usc/t10/s184). “(b) Membership; Appointment; Compensation.—(1) The Council shall be composed of voting members as follows:“(A) The Director of Safety for each military department. “(B) An employee of the Department of Defense who is a career member of the Senior Executive Service and has a demonstrated record of success in the implementation of programs within the Department of Defense (as determined by the Deputy Secretary of Defense), appointed by the Deputy Secretary of Defense. “(C) One member of the armed forces or civilian employee from each military department, appointed by the Secretary concerned. “(D) Such additional members as may be determined by the Deputy Secretary of Defense. “(2)(A) Each member of the Council shall serve at the will of the official who appointed that member. “(B) Any vacancy on the Council shall be filled in the same manner as the original appointment. “(3) Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. “(c) Chairperson and Vice Chairperson.—(1)(A) The Secretary of Defense, or the designee of the Secretary, shall select one of the members of the Council who is a member of the armed forces to serve as the Chairperson of the Council. “(B) Time period.The Chairperson shall serve for a term of two years and shall be responsible for—“(i) serving as the Director of Safety for the Department of Defense; “(ii) serving as principal advisor to the Secretary of Defense regarding military safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; “(iii) overseeing all duties and activities of the Council, including the conduct of military safety studies and the issuance of safety guidance to the military departments;135 STAT. 1665 “(iv) working with, and advising, the Secretaries of the military departments through appointed safety chiefs to implement standardized safety guidance across the military departments; “(v) submitting to the Secretary of Defense and Congress an annual report reviewing the compliance of each military department with the guidance described in clause (iv); “(vi) advising Congress on issues relating to military safety and reforms; and “(vii) Coordination.overseeing coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. “(2) The individual appointed under subsection (b)(1)(B) shall serve as the Vice Chairperson. The Vice Chairperson shall report to the Chairperson and shall serve as Chairperson in the absence of the Chairperson. “(d) Responsibilities.—The Council shall carry out the following responsibilities:“(1) Subject to subsection (e), issuing, publishing, and updating regulations related to joint safety, including regulations on the reporting and investigation of mishaps. “(2) With respect to mishap data—“(A) establishing uniform data collection standards and a repository, that is accessible Department-wide, of data for mishaps in the Department of Defense; “(B) reviewing the compliance of each military department in adopting and using the uniform data collection standards established under subparagraph (A); and “(C) reviewing mishap data to assess, identify, and prioritize risk mitigation efforts and safety improvement efforts across the Department. “(3) With respect to non-mishap data—“(A) establishing standards and requirements for the collection of aircraft, equipment, simulator, airfield, range, pilot, and operator data; “(B) establishing standards and requirements for the collection of ground vehicle equipment and crew data; and “(C) establishing requirements for each military department to collect and analyze any waivers issued relating to pilot or operator qualifications or standards. “(4) Reviewing and assessing civil and commercial aviation safety programs and practices to determine the suitability of such programs and practices for implementation in the military departments. “(5) Establishing, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system. “(6) Establishing, in consultation with the heads of appropriate Federal departments and agencies, a requirement for each military department to implement a separate safety management program for ground vehicles and ships. “(7) Reviewing the proposal of each military department for the safety management systems described in paragraphs
(9)and (10). “(8) Reviewing the implementation of such systems by each military department.135 STAT. 1666 “(9) Ensuring each military department has in place a system to monitor the implementation of recommendations made in safety and legal investigation reports of mishap incidents. “(e) Oversight.—The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. “(f) Staff.—(1) The Council may appoint staff in accordance with section 3101 of title 5. “(2) The Council may accept persons on detail from within the Department of Defense and from other Federal departments or agencies on a reimbursable or non-reimbursable basis. “(g) Contract Authority.—The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. “(h) Procurement of Temporary and Intermittent Services.—The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. “(i) Data Collection.—(1) Regulations.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) Contracts.Under regulations issued by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of safety data. “(3) Data collected by the Council pursuant to this subsection may include privileged safety information that is protected from disclosure or discovery to any person. “(j) Time period.Meetings.—The Council shall meet quarterly and at the call of the Chairperson. “(k) Report.—The Chair of the Council shall submit to the congressional defense committees semi-annual reports on the activities of the Council.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 171. is amended by inserting after the item relating to section 183a the following new item:" “184. Joint Safety Council.”. "
(c)[10 USC 184 note](/us/usc/t10/s184).Deadlines.—(1) Establishment.—The Secretary of Defense shall ensure the establishment of the Joint Safety Council under [section 184 of title 10, United States Code](/us/usc/t10/s184) (as added by subsection (a)), by not later than the date that is 120 days after the date of the enactment of this Act.
(2)Appointment of first members.—The initial members of the Joint Safety Council established under such section 184 shall be appointed by not later than the date that is 120 days after the date of the enactment of this Act.
(3)Directors of safety.—Not later than 30 days after the date of the enactment of this Act, the Secretary of each military department shall ensure there is appointed as the Director of Safety for the military department concerned an officer of that military department in pay grade O–8 or above.135 STAT. 1667
(d)Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:(1) A description of the measures the Secretary plans to take to correct the issues identified in the report of the National Commission on Military Aviation Safety submitted to the President and Congress and dated December 1, 2020.
(2)A statement as to whether the Secretary concurs or disagrees with the findings of such report.
(3)Plan.A detailed plan of action for the implementation of each recommendation included in such report.
(4)Recommenda-tions.Determination.Any additional recommendations the Secretary determines are necessary to apply the findings of the National Commission on Military Aviation Safety in such report to all aspects of military safety.
(e)Authorization of Appropriations.—Of the amounts authorized to be appropriated or otherwise made available by this Act for Military Personnel Appropriations for fiscal year 2022, $4,000,000 shall be made available for the Joint Safety Council established under [section 184 of title 10, United States Code](/us/usc/t10/s184), as added by subsection (a). SEC. 373. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY WORKING DOGS.(a) Prohibition on Charge for Transfer of Military Animals.—[Section 2583(d) of title 10, United States Code](/us/usc/t10/s2583/d), is amended by striking “may” and inserting “shall”.
(b)Inclusion of Military Working Dogs in Certain Research.—Section 708(b) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 1071 note](/us/usc/t10/s1071)) is amended—(1) in paragraph (7), by striking “of members of the Armed Forces” and inserting “with respect to both members of the Armed Forces and military working dogs”; and
(2)by striking paragraph
(9)and inserting the following new paragraph:"“(9) To inform and advise the conduct of research on the leading causes of morbidity and mortality of members of the Armed Forces and military working dogs in combat.” ". SEC. 374. EXTENSION OF TEMPORARY AUTHORITY TO EXTEND CONTRACTS AND LEASES UNDER THE ARMS INITIATIVE. Section 343 of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92); [10 U.S.C. 7554 note](/us/usc/t10/s7554)) is amended by striking “the date that is five years after the date of the enactment of this Act” and inserting “November 25, 2025,”. SEC. 375. [10 USC note](/us/usc/t10)prec. 2001.AUTHORITY TO MAINTAIN ACCESS TO CATEGORY 3 SUBTERRANEAN TRAINING FACILITY.(a) In General.—The Secretary of Defense may ensure that the Department of Defense maintains access to a covered category 3 subterranean training facility on a continuing basis.
(b)Authority to Enter Into Lease.—The Secretary of Defense is authorized to enter into a short-term lease with a provider of a covered category 3 subterranean training facility for purposes of carrying out subsection (a).135 STAT. 1668
(c)Covered Category 3 Subterranean Training Facility Defined.—In this section, the term “**covered category 3 subterranean training facility**” means a category 3 subterranean training facility that is—(1) Effective date.operational as of the date of the enactment of this Act; and
(2)deemed safe for use as of such date. SEC. 376. ACCIDENT INVESTIGATION REVIEW BOARD.(a) Proposal for Establishment of Board.—The Deputy Secretary of Defense shall develop a proposal for the establishment of an Accident Investigation Review Board (in this section referred to as the “Board”) to provide independent oversight and review of the legal investigations conducted by the Department of Defense outside of the safety process into the facts and circumstances surrounding operational and training accidents.Recommenda-tions. The proposal shall include recommendations relating to—(1) the size and composition of the Board;
(2)the process by which the Board would screen accident investigations to identify unsatisfactory, biased, incomplete, or insufficient investigations requiring subsequent review by the Board, including whether the Board should review investigations meeting a predetermined threshold (such as all fatal accidents or all Class A mishaps);
(3)the process by which the military departments and other components of the Department of Defense could refer pending or completed accident investigations to the Board for review;
(4)the process by which the Board would evaluate a particular accident investigation for accuracy, thoroughness, and objectivity;
(5)Requirements.the requirements for and process by which the convening component of an investigation reviewed by the Board should address the findings of the Board’s review of that particular investigation;
(6)Procedures.proposed procedures for safeguarding privileged and sensitive data and safety information collected during the investigation review process; and
(7)Reports.Assessment.how and when the Board would be required to report to the Deputy Secretary of Defense on the activities of the Board, the outcomes of individual investigation reviews performed by the Board, and the assessment of the Board regarding cross-cutting themes and trends identified by those reviews.
(b)Deadline.Timeline.Report.—Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committee the proposal required by subsection
(a)and a timeline for establishing the Board. SEC. 377. Deadlines.[10 USC note](/us/usc/t10)prec. 2001.IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS ON PREVENTING TACTICAL VEHICLE TRAINING ACCIDENTS.(a) Plan Required.—Not later than 180 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees and to the Comptroller General of the United States a plan to address the recommendations in the report of the Government Accountability Office entitled 135 STAT. 1669 “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” (GAO–21–361). Each such plan shall include, with respect to each recommendation in such report that the Secretary concerned has implemented or intends to implement—(1) Summary.a summary of actions that have been or will be taken to implement the recommendation; and
(2)Schedule.a schedule, with specific milestones, for completing implementation of the recommendation.
(b)Deadline for Implementation.—(1) In general.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, each Secretary concerned shall carry out activities to implement the plan of the Secretary developed under subsection (a).
(2)Exception for implementation of certain recommendations.—(A) Delayed implementation.—A Secretary concerned may initiate implementation of a recommendation in the report referred to in subsection
(a)after the date specified in paragraph
(1)if, on or before such date, the Secretary provides to the congressional defense committees a specific justification for the delay in implementation of such recommendation.
(B)Nonimplementation.—A Secretary concerned may decide not to implement a recommendation in the report referred to in subsection
(a)if, on or before the date specified in paragraph (1), the Secretary provides to the congressional defense committees—(i) a specific justification for the decision not to implement the recommendation; and
(ii)Summary.a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.
(c)Definition.Secretary Concerned.—In this section, the term “**Secretary concerned**” means—(1) the Secretary of the Army, with respect to the Army; and
(2)the Secretary of the Navy, with respect to the Navy. SEC. 378. Deadlines.[10 USC 113 note](/us/usc/t10/s113).REQUIREMENTS RELATING TO EMISSIONS CONTROL TACTICS, TECHNIQUES, AND PROCEDURES.(a) Review.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of current electromagnetic spectrum emissions control tactics, techniques, and procedures across the joint force.
(b)Updates.Requirements.—Not later than 60 days after completing the review under subsection (a), the Secretary of Defense shall direct each Secretary of a military department to update or establish, as applicable, standard tactics, techniques, and procedures, including down to the operational level, pertaining to emissions control discipline during all phases of operations.
(c)Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation status of the tactics, techniques, and procedures updated or established, as 135 STAT. 1670 applicable, under subsection
(b)by each of the military departments, including—(1) incorporation into doctrine of the military departments;
(2)integration into training of the military departments; and
(3)efforts to coordinate with the militaries of partner countries and allies to develop similar standards and associated protocols, including through the use of working groups. SEC. 379. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE SHIPS AND RELATED IMPROVEMENTS.(a) [10 USC 8605 note](/us/usc/t10/s8605).Requirement.—The Secretary of the Navy shall implement each recommendation for executive action set forth in the report of the Government Accountability Office titled “Navy Readiness: Additional Efforts Are Needed to Manage Fatigue, Reduce Crewing Shortfalls, and Implement Training” (GAO–21–366).
(b)Report.—Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees and the Comptroller General a report on the status of actions taken by the Secretary to monitor crew fatigue and ensure equitable fatigue management throughout the naval surface ship fleet in accordance with subsection (a). Such report shall include the following:(1) Assessment.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)Timeframes.An identification of timeframes for achieving the goals identified pursuant to paragraph (3).
(c)Deadline.Comptroller General Briefing.—Not later than 90 days after the date on which the Comptroller General receives the report under subsection (b), the Comptroller General shall provide to the congressional defense committees a briefing on the extent to which the actions and goals described in the report meet the requirements of subsection (a). SEC. 380. [10 USC 4001 note](/us/usc/t10/s4001).AUTHORITY FOR ACTIVITIES TO IMPROVE NEXT GENERATION RADAR SYSTEMS CAPABILITIES.(a) Authority.—The Secretary of Defense may undertake activities to enhance future radar systems capabilities, including the following:(1) Designating specific industry, academic, government, or public-private partnership entities to provide expertise in the repair, sustainment, and support of radar systems to meet current and future defense requirements, as appropriate.
(2)Facilitating collaboration among academia, the Federal Government, the defense industry, and the commercial sector, including with respect to radar system repair and sustainment activities.
(3)Establishing advanced research and workforce training and educational programs to enhance future radar systems capabilities.
(4)Establishing goals for research in areas of study relevant to advancing technology and facilitating better understanding of radar systems in defense systems and operational activities, including continuing education and training goals.135 STAT. 1671
(5)Increasing communications and personnel exchanges with radar systems experts in industry to support adoption of state-of-the-art technologies and operational practices, especially to support meeting future defense needs related to radar systems in autonomous systems.
(6)Establishing agreements with one or more institutions of higher education or other organizations in academia or industry to provide for activities authorized under this section.
(7)Partnering with nonprofit institutions and private industry with expertise in radar systems to support activities authorized under this section.
(8)Establishing research centers and facilities, including centers of excellence, as appropriate to support activities authorized under this section, especially to promote partnerships between government, industry, and academia.
(b)Institution of Higher Education Defined.—The term “**institution of higher education**” has the meaning given that term in section 101 of the Higher Education Act of 1965 ([20 U.S.C. 1001](/us/usc/t20/s1001)). SEC. 381. [10 USC 3062 note](/us/usc/t10/s3062).PILOT PROGRAM ON MILITARY WORKING DOG AND EXPLOSIVES DETECTION CANINE HEALTH AND EXCELLENCE.(a) Deadline.Pilot Program.—Not later than September 31, 2022, the Secretary of Defense shall carry out a pilot program to ensure the health and excellence of explosives detection military working dogs.Consultation. Under such pilot program, the Secretary shall consult with domestic breeders of working dog lines, covered institutions of higher education, and covered national domestic canine associations, to—(1) facilitate the presentation, both in a central location and at regional field evaluations in the United States, of domestically-bred explosives detection military working dogs for assessment for procurement by the Department of Defense, at a rate of at least 250 canines presented per fiscal year;
(2)facilitate the delivery and communication to domestic breeders, covered institutions of higher education, and covered national domestic canine associations, of information regarding—(A) any specific needs or requirements for the future acquisition by the Department of explosives detection military working dogs; and
(B)any factors identified as relevant to the success or failure of explosives detection military working dogs presented for assessment pursuant to this section;
(3)collect information on the biological and health factors of explosives detection military working dogs procured by the Department, and make such information available for academic research and to domestic breeders;
(4)collect and make available genetic and phenotypic information, including canine rearing and training data for study by domestic breeders and covered institutions of higher education, for the further development of working canines that are bred, raised, and trained domestically; and
(5)Evaluation.evaluate current Department guidance for the procurement of military working dogs to ensure that pricing structures and procurement requirements for foreign and domestic canine 135 STAT. 1672 procurements accurately account for input cost differences between foreign and domestic canines.
(b)Termination.—The authority to carry out the pilot program under subsection
(a)shall terminate on October 1, 2024.
(c)Definitions.—In this section:(1) The term “**covered institution of higher education**” means an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 ([20 U.S.C. 1001](/us/usc/t20/s1001)), with demonstrated expertise in veterinary medicine for working canines.
(2)The term “**covered national domestic canine association**” means a national domestic canine association with demonstrated expertise in the breeding and pedigree of working canine lines.
(3)The term “**explosives detection military working dog**” means a canine that, in connection with the work duties of the canine performed for the Department of Defense, is certified and trained to detect odors indicating the presence of explosives in a given object or area, in addition to the performance of such other duties for the Department as may be assigned. SEC. 382. [10 USC 113 note](/us/usc/t10/s113).DEPARTMENT OF DEFENSE RESPONSE TO MILITARY LAZING INCIDENTS.(a) Investigation Into Lazing of Military Aircraft.—(1) Time period.Investigation required.—The Secretary of Defense shall conduct a formal investigation into all incidents of lazing of military aircraft that occurred during fiscal year 2021.Coordination.Collaboration. The Secretary shall carry out such investigation in coordination and collaboration with appropriate non-Department of Defense entities.
(2)Report to congress.—Not later than March 31, 2022, the Secretary shall submit to the congressional defense committees a report on the findings of the investigation conducted pursuant to paragraph (1).
(b)Memorandum.Information Sharing.—The Secretary shall seek to increase information sharing between the Department of Defense and the States with respect to incidents of lazing of military aircraft, including by entering into memoranda of understanding with State law enforcement agencies on information sharing in connection with such incidents to provide for procedures for closer cooperation with local law enforcement in responding to such incidents as soon as they are reported.
(c)Data Collection and Tracking.—The Secretary shall collect such data as may be necessary to track the correlation between noise complaints and incidents of military aircraft lazing.
(d)Operating Procedures.—The Secretary shall give consideration to adapting local operating procedures in areas with high incidence of military aircraft lazing incidents to reduce potential injury to aircrew.
(e)Eye Protection.—The Secretary shall examine the availability of commercial off-the-shelf laser eye protection equipment that protects against the most commonly available green light lasers that are available to the public.Determination.Research and development. If the Secretary determines that no such laser eye protection equipment is available, the Secretary shall conduct research and develop such equipment.135 STAT. 1673 TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A— Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B— Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Accounting of reserve component members performing active duty or full-time National Guard duty towards authorized end strengths. Subtitle C— Authorization of Appropriations Sec. 421. Military personnel. Subtitle A—Active Forces SEC. 401. END STRENGTHS FOR ACTIVE FORCES. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows:(1) The Army, 485,000.
(2)The Navy, 346,920.
(3)The Marine Corps, 178,500.
(4)The Air Force, 329,220.
(5)The Space Force, 8,400. SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. [Section 691(b) of title 10, United States Code](/us/usc/t10/s691/b), is amended by striking paragraphs
(1)through
(5)and inserting the following new paragraphs:"“(1) For the Army, 485,000. “(2) For the Navy, 346,920. “(3) For the Marine Corps, 178,500. “(4) For the Air Force, 329,220. “(5) For the Space Force, 8,400.” ". SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.(a) Determination.In General.—Notwithstanding [section 115(g) of title 10, United States Code](/us/usc/t10/s115/g), upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows:(1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength.
(2)Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength.135 STAT. 1674
(b)Termination.—The authority provided under subsection
(a)shall terminate on December 31, 2022. Subtitle B—Reserve Forces SEC. 411. END STRENGTHS FOR SELECTED RESERVE.(a) In General.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows:(1) The Army National Guard of the United States, 336,000.
(2)The Army Reserve, 189,500.
(3)The Navy Reserve, 58,600.
(4)The Marine Corps Reserve, 36,800.
(5)The Air National Guard of the United States, 108,300.
(6)The Air Force Reserve, 70,300.
(7)The Coast Guard Reserve, 7,000.
(b)End Strength Reductions.—The end strengths prescribed by subsection
(a)for the Selected Reserve of any reserve component shall be proportionately reduced by—(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and
(2)the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
(c)End Strength Increases.—Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:(1) The Army National Guard of the United States, 30,845.
(2)The Army Reserve, 16,511.
(3)The Navy Reserve, 10,293.
(4)The Marine Corps Reserve, 2,386.
(5)The Air National Guard of the United States, 25,333.
(6)The Air Force Reserve, 6,003. SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).(a) In General.—The minimum authorized number of military technicians (dual status) as of the last day of fiscal year 2022 135 STAT. 1675 for the reserve components of the Army and the Air Force (notwithstanding [section 129 of title 10, United States Code](/us/usc/t10/s129)) shall be the following:(1) For the Army National Guard of the United States, 22,294.
(2)For the Army Reserve, 6,492.
(3)For the Air National Guard of the United States, 10,994.
(4)For the Air Force Reserve, 7,111.
(b)Limitation on Number of Temporary Military Technicians (dual Status).—The number of temporary military technicians (dual-status) employed under the authority of subsection
(a)may not exceed 25 percent of the total authorized number specified in such subsection.
(c)Limitation.—Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active Guard and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position. SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under [section 115(b) of title 10, United States Code](/us/usc/t10/s115/b), is the following:(1) The Army National Guard of the United States, 17,000.
(2)The Army Reserve, 13,000.
(3)The Navy Reserve, 6,200.
(4)The Marine Corps Reserve, 3,000.
(5)The Air National Guard of the United States, 16,000.
(6)The Air Force Reserve, 14,000. SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY TOWARDS AUTHORIZED END STRENGTHS. [Section 115(b)(2)(B) of title 10, United States Code](/us/usc/t10/s115/b/2/B), is amended by striking “1095 days in the previous 1460 days” and inserting “1825 days in the previous 2190 days”. Subtitle C—Authorization of Appropriations SEC. 421. MILITARY PERSONNEL.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b)Construction of Authorization.—The authorization of appropriations in the subsection
(a)supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022.135 STAT. 1676 TITLE V—MILITARY PERSONNEL POLICY Subtitle A— Officer Personnel Policy Sec. 501. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 502. Time in grade requirements. Sec. 503. Authority to vary number of Space Force officers considered for promotion to major general. Sec. 504. Seaman to Admiral-21 program: credit towards retirement. Sec. 505. Independent assessment of retention of female surface warfare officers. Sec. 506. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B— Reserve Component Management Sec. 511. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers’ Training Corps to include quantum information sciences. Sec. 512. Prohibition on private funding for interstate deployment of National Guard. Sec. 513. Access to Tour of Duty system. Sec. 514. Implementation of certain recommendations regarding use of unmanned aircraft systems by the National Guard. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Enhancement of National Guard Youth Challenge Program. Sec. 517. Report on methods to enhance support from the reserve components in response to catastrophic incidents. Sec. 518. Study on reapportionment of National Guard force structure based on domestic responses. Sec. 519. Briefing on Junior Reserve Officers’ Training Corps program. Subtitle C— General Service Authorities and Military Records Sec. 521. Reduction in service commitment required for participation in career intermission program of a military department. Sec. 522. Improvements to military accessions in Armed Forces under the jurisdiction of the Secretaries of the military departments. Sec. 523. Notice program relating to options for naturalization. Sec. 524. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 525. Command oversight of military privatized housing as element of performance evaluations. Sec. 526. Feasibility study on establishment of housing history for members of the Armed Forces who reside in housing provided by the United States. Sec. 527. Enhancements to national mobilization exercises. Sec. 528. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 529. Report on exemptions and deferments for a possible military draft. Sec. 529A. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 529B. Study and report on administrative separation boards. Subtitle D— Military Justice Reform Part 1— Special Trial Counsel Sec. 531. Special trial counsel. Sec. 532. Policies with respect to special trial counsel. Sec. 533. Definition of military magistrate, covered offense, and special trial counsel. Sec. 534. Clarification relating to who may convene courts-martial. Sec. 535. Detail of trial counsel. Sec. 536. Preliminary hearing. Sec. 537. Advice to convening authority before referral for trial. Sec. 538. Former jeopardy. Sec. 539. Plea agreements. Sec. 539A. Determinations of impracticability of rehearing. Sec. 539B. Applicability to the United States Coast Guard. Sec. 539C. Effective date. Part 2— Sexual Harassment; Sentencing Reform Sec. 539D. Inclusion of sexual harassment as general punitive article.135 STAT. 1677 Sec. 539E. Sentencing reform. Part 3— Reports and Other Matters Sec. 539F. Briefing and report on resourcing required for implementation. Sec. 539G. Briefing on implementation of certain recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle E— Other Military Justice and Legal Matters Sec. 541. Rights of the victim of an offense under the Uniform Code of Military Justice. Sec. 542. Conduct unbecoming an officer. Sec. 543. Independent investigation of complaints of sexual harassment. Sec. 544. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 545. Modification of notice to victims of pendency of further administrative action following a determination not to refer to trial by court-martial. Sec. 546. Civilian positions to support Special Victims’ Counsel. Sec. 547. Plans for uniform document management system, tracking pretrial information, and assessing changes in law. Sec. 548. Determination and reporting of members missing, absent unknown, absent without leave, and duty status-whereabouts unknown. Sec. 549. Activities to improve family violence prevention and response. Sec. 549A. Annual primary prevention research agenda. Sec. 549B. Primary prevention workforce. Sec. 549C. Reform and improvement of military criminal investigative organizations. Sec. 549D. Military defense counsel. Sec. 549E. Full functionality of Military Justice Review Panel. Sec. 549F. Military service independent racial disparity review. Sec. 549G. Inclusion of race and ethnicity in annual reports on sexual assaults; reporting on racial and ethnic demographics in the military justice system. Sec. 549H. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 549I. Extension of annual report regarding sexual assaults involving members of the Armed Forces. Sec. 549J. Study and report on Sexual Assault Response Coordinator military occupational specialty. Sec. 549K. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 549L. Improved Department of Defense prevention of, and response to, bullying in the Armed Forces. Sec. 549M. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 549N. Combating foreign malign influence. Subtitle F— Member Education, Training, and Transition Sec. 551. Troops-to-Teachers Program. Sec. 552. Codification of human relations training for certain members of the Armed Forces. Sec. 553. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a Member of Congress. Sec. 554. Authority of President to appoint successors to members of Board of Visitors of military academies whose terms have expired. Sec. 555. Meetings of the Board of Visitors of a military service academy: votes required to call; held in person or remotely. Sec. 556. Defense Language Institute Foreign Language Center. Sec. 557. United States Naval Community College. Sec. 558. Codification of establishment of United States Air Force Institute of Technology. Sec. 559. Concurrent use of Department of Defense Tuition Assistance and Montgomery GI Bill-Selected Reserve benefits. Sec. 559A. Regulations on certain parental guardianship rights of cadets and midshipmen. Sec. 559B. Defense language continuing education program. Sec. 559C. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Sec. 559D. Professional military education: report; definition. Sec. 559E. Report on training and education of members of the Armed Forces regarding social reform and unhealthy behaviors.135 STAT. 1678 Sec. 559F. Report on status of Army Tuition Assistance Program Army IgnitED program. Sec. 559G. Briefing on cadets and midshipmen with speech disorders. Subtitle G— Military Family Readiness and Dependents’ Education Sec. 561. Expansion of support programs for special operations forces personnel and immediate family members. Sec. 562. Improvements to the Exceptional Family Member Program. Sec. 563. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 564. Pilot program to establish employment fellowship opportunities for military spouses. Sec. 565. Policy regarding remote military installations. Sec. 566. Implementation of GAO recommendation on improved communication of best practices to engage military spouses with career assistance resources. Sec. 567. Study on employment of military spouses. Sec. 568. Briefing on efforts of commanders of military installations to connect military families with local entities that provide services to military families. Sec. 569. Briefing on process to certify reporting of eligible federally connected children for purposes of Federal impact aid programs. Sec. 569A. Briefing on legal services for families enrolled in the Exceptional Family Member Program. Sec. 569B. GAO review of Preservation of the Force and Family Program of United States Special Operations Command: briefing; report. Subtitle H— Diversity and Inclusion Sec. 571. Reduction of gender-related inequities in costs of uniforms to members of the Armed Forces. Sec. 572. Study on number of members of the Armed Forces who identify as Hispanic or Latino. Sec. 573. Inclusion of military service academies, Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 574. Extension of deadline for GAO report on equal opportunity at the military service academies. Subtitle I— Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 582. Authorizations for certain awards. Sec. 583. Establishment of the Atomic Veterans Commemorative Service Medal. Sec. 584. Updates and preservation of memorials to chaplains at Arlington National Cemetery. Sec. 585. Reports on security force personnel performing protection level one duties. Sec. 586. GAO study on tattoo policies of the Armed Forces. Sec. 587. Briefing regarding best practices for community engagement in Hawaii. Subtitle A— Officer Personnel Policy SEC. 501. AUTHORITY WITH RESPECT TO AUTHORIZED STRENGTHS FOR GENERAL AND FLAG OFFICERS WITHIN THE ARMED FORCES FOR EMERGING REQUIREMENTS.(a) Authority on and Before December 31, 2022.—[Section 526 of title 10, United States Code](/us/usc/t10/s526), is amended—(1) by redesignating subsection
(k)as subsection (l); and
(2)by inserting after subsection
(j)the following new subsection:"“(k) Transfer of Authorizations Among the Military Services.—(1) President.Appointments.The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection
(a)and section 525 of this title, and the President may appoint officers 135 STAT. 1679 in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2). “(2) For each increase and appointment made under the authority of paragraph
(1)in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. “(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time. “(4) Effective date.Time period.Notice.The Secretary may not increase the maximum number of general officers or flag officers under paragraph
(1)until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—“(A) such increase; and “(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.” ".
(b)Authority After December 31, 2022.—[Section 526a of title 10, United States Code](/us/usc/t10/s526a), is amended by adding at the end the following new subsection:"“(i) Transfer of Authorizations Among the Military Services.—(1) President.Appointments.The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection
(a)and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). “(2) For each increase and appointment made under the authority of paragraph
(1)in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. “(3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. “(4) Effective date.Time period.Notice.The Secretary may not increase the maximum number of general officers or flag officers under paragraph
(1)until the date that is 30 days after the date on which the Secretary provides, to the Committees on Armed Services of the Senate and the House of Representatives, written notice of—“(A) such increase; and “(B) each offsetting reduction under paragraph (2), specifying the armed force and billet so reduced.” ".135 STAT. 1680 SEC. 502. TIME IN GRADE REQUIREMENTS. [Section 619(a) of title 10, United States Code](/us/usc/t10/s619/a), is amended—(1) in paragraph (2), by striking “paragraph (4)” and inserting “paragraph (5)”;
(2)by redesignating paragraphs
(4)and
(5)as paragraphs
(5)and (6), respectively; and
(3)by inserting after paragraph
(3)the following new paragraph:"“(4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph
(2)applies.” ". SEC. 503. AUTHORITY TO VARY NUMBER OF SPACE FORCE OFFICERS CONSIDERED FOR PROMOTION TO MAJOR GENERAL.(a) In General.—Notwithstanding [section 616(d) of title 10, United States Code](/us/usc/t10/s616/d), the number of officers recommended for promotion by a selection board convened by the Secretary of the Air Force under [section 611(a) of title 10, United States Code](/us/usc/t10/s611/a), to consider officers on the Space Force active duty list for promotion to major general may not exceed the number equal to 95 percent of the total number of brigadier generals eligible for consideration by the board.
(b)Termination.—The authority provided under subsection
(a)shall terminate on December 31, 2022. SEC. 504. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS RETIREMENT.(a) Time period.Credit.—For each participant in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 for whom the Secretary of the Navy cannot find evidence of an acknowledgment that, before entering a baccalaureate degree program, service during the baccalaureate degree program would not be included when computing years of service for retirement, the Secretary shall include service during the baccalaureate degree program when computing—(1) years of service; and
(2)retired or retainer pay.
(b)Report Required.—The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the number of participants credited with service under subsection (a).
(c)Deadline.—The Secretary shall carry out this section not later than 180 days after the date of the enactment of this Act. SEC. 505. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE SURFACE WARFARE OFFICERS.(a) Contracts.Analysis.In General.—The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center independent of the Department of Defense to conduct research and analysis on the gender gap in retention of surface warfare officers in the Navy.
(b)Elements.—The research and analysis conducted under subsection
(a)shall include consideration of the following:(1) Demographics of surface warfare officers, disaggregated by gender, including—(A) race;135 STAT. 1681
(B)ethnicity;
(C)socioeconomic status;
(D)marital status (including whether the spouse is a member of the Armed Forces and, if so, the length of service of such spouse);
(E)whether the officer has children (including number and age or ages of children);
(F)whether an immediate family member serves or has served as a member of the Armed Forces; and
(G)the percentage of such officers who—(i) indicate an intent to complete only an initial service agreement; and
(ii)complete only an initial service agreement.
(2)Whether there is a correlation between the number of female surface warfare officers serving on a vessel and responses of such officers to command climate surveys.
(3)Study.An anonymous but traceable study of command climate results to—(A) correlate responses from particular female surface warfare officers with resignation; and
(B)compare attitudes of first-tour and second-tour female surface warfare officers.
(4)Recommenda-tions.Recommendations based on the findings under paragraphs (1), (2), and (3).
(c)Reports.—(1) In general.—Not later than 270 days after the date on which a nonprofit entity or federally funded research and development center enters into an agreement under subsection
(a)with the Secretary of Defense, such entity or center shall submit to the Secretary of Defense a report on the results of the research and analysis under subsection (a).
(2)Submission to congress.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees each of the following:(A) Records.A copy of the report submitted under paragraph
(1)without change.
(B)Recommenda-tions.Any comments, changes, recommendations, or other information provided by the Secretary of Defense relating to the research and analysis under subsection
(a)and contained in such report. SEC. 506. REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).(a) In General.—The Secretary of the Air Force shall submit to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer (13N)—(1) not later than 90 days after the date of the enactment of this Act; and
(2)concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a).
(b)Elements.—Each report required by subsection
(a)shall include the following:135 STAT. 1682(1) The number of Nuclear and Missile Operations Officers commissioned, by commissioning source, during the most recent fiscal year that ended before submission of the report.
(2)A description of the rank structure and number of such officers by intercontinental ballistic missile operational group during that fiscal year.
(3)Assessment.The retention rate of such officers by intercontinental ballistic missile operational group during that fiscal year and an assessment of reasons for any loss in retention of such officers.
(4)A description of the rank structure and number of officers by intercontinental ballistic missile operational group performing alert duties by month during that fiscal year.
(5)A description of the structure of incentive pay for officers performing 13N duties during that fiscal year.
(6)Plan.Time period.A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after submission of the report.
(7)A description of methods, with metrics, to manage the transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career fields in the Air Force.
(8)Time period.Such other matters as the Secretary considers appropriate to inform the congressional defense committees with respect to the 13N career field during the period of five to ten fiscal years after submission of the report. Subtitle B—Reserve Component Management SEC. 511. MODIFICATION OF GRANT PROGRAM SUPPORTING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH EDUCATION IN THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS TO INCLUDE QUANTUM INFORMATION SCIENCES. [Section 2036(g)(2) of title 10, United States Code](/us/usc/t10/s2036/g/2), is amended—(1) by redesignating subparagraphs
(J)through
(M)as subparagraphs
(K)through (N), respectively; and
(2)by inserting after subparagraph
(I)the following new subparagraph:"“(J) quantum information sciences;” ". SEC. 512. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE DEPLOYMENT OF NATIONAL GUARD.(a) Prohibition.—[Chapter 3 of title 32, United States Code](/us/usc/t32/ch3), is amended by adding at the end the following new section:"“§ 329.[32 USC 329](/us/usc/t32/s329). Prohibition on private funding for interstate deployment “A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](/us/usc/t42/s5170)).” ".135 STAT. 1683
(b)Clerical Amendment.—The table of sections at the beginning of such chapter[32 USC ](/us/usc/t32)prec. 301. is amended by adding at the end the following new item:" “329. Prohibition on private funding for interstate deployment.”. " SEC. 513. [10 USC 7013 note](/us/usc/t10/s7013).ACCESS TO TOUR OF DUTY SYSTEM.(a) Access.—(1) Deadline.In general.—Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall ensure, subject to paragraph (2), that a member of the reserve components of the Army may access the Tour of Duty system using a personal internet-enabled device.
(2)Determination.Exception.—The Secretary of the Army may restrict access to the Tour of Duty system on personal internet-enabled devices if the Secretary determines such restriction is necessary to ensure the security and integrity of information systems and data of the United States.
(b)Tour of Duty System Defined.—In this Act, the term “**Tour of Duty system**” means the online system of listings for opportunities to serve on active duty for members of the reserve components of the Army and through which such a member may apply for such an opportunity, known as “Tour of Duty”, or any successor to such system. SEC. 514. Deadline.[32 USC 901 note](/us/usc/t32/s901).IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING USE OF UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL GUARD. Not later than September 30, 2022, the Secretary of Defense shall implement recommendations of the Secretary described in section 519C(a)(2) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)). SEC. 515. Termination date.Analysis.Assessment.CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM. Until September 30, 2026, the Secretary of Defense shall continue to support the FireGuard program with personnel of the California National Guard to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires. SEC. 516. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.(a) Time period.Authority.—During fiscal year 2022, the Secretary of Defense may provide assistance to a National Guard Youth Challenge Program of a State—(1) in addition to assistance under subsection
(d)of [section 509 of title 32, United States Code](/us/usc/t32/s509);
(2)that is not subject to the matching requirement under such subsection; and
(3)for—(A) new program start-up costs; or
(B)a workforce development program.
(b)Limitations.—(1) Matching.—The Secretary may not provide additional assistance under this section to a State that does not comply with the fund matching requirement under such subsection regarding assistance under such subsection.135 STAT. 1684
(2)Total assistance.—Total assistance under this section to all States may not exceed $5,000,000 of the funds appropriated for the National Guard Youth Challenge Program for fiscal year 2022.
(c)Reporting.—Any assistance provided under this section shall be included in the annual report under subsection
(k)of section 509 of such title. SEC. 517. REPORT ON METHODS TO ENHANCE SUPPORT FROM THE RESERVE COMPONENTS IN RESPONSE TO CATASTROPHIC INCIDENTS.(a) Consultation.Coordination.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the appropriate congressional committees a report that includes—(1) Examination.a detailed examination of the policy framework for the reserve components, consistent with existing authorities, to provide support to other Federal agencies in response to catastrophic incidents;
(2)identify major statutory or policy impediments to such support; and
(3)Recommenda-tions.recommendations for legislation as appropriate.
(b)Plans.Contents.—The report submitted under this section shall include a description of—(1) Assessment.Consultation.the assessment of the Secretary, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding—(A) the sufficiency of current authorities for the reimbursement of reserve component personnel during catastrophic incidents under title 10 and [title 32, United States Code](/us/usc/t32); and
(B)specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or use of such authorities degrades the effectiveness of the Disaster Relief Fund;
(2)Recommenda-tions.the plan of the Secretary to ensure there is parallel and consistent policy in the application of the authorities granted under [section 12304a of title 10, United States Code](/us/usc/t10/s12304a), and [section 502(f) of title 32, United States Code](/us/usc/t32/s502/f), including—(A) a description of the disparities between benefits and protections under Federal law versus State active duty;
(B)recommended solutions to achieve parity at the Federal level; and
(C)recommended changes at the State level, if appropriate;
(3)the plan of the Secretary to ensure there is parity of benefits and protections for members of the Armed Forces employed as part of the response to catastrophic incidents under title 32 or [title 10, United States Code](/us/usc/t10), and recommendations for addressing shortfalls; and
(4)Review.Assessment.a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of the 135 STAT. 1685 reserve components, both to the Department of Defense and to the States, during catastrophic incidents, including any policy and legal limitations, and cost assessment impact on Federal funding.
(c)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means the following:(A) The congressional defense committees;
(B)The Committee on Homeland Security of the House of Representatives.
(C)The Committee on Homeland Security and Governmental Affairs of the Senate.
(D)The Committee on Transportation and Infrastructure of the House of Representatives.
(E)The Committee on Commerce, Science, and Transportation of the Senate.
(2)The term “**catastrophic incident**” has the meaning given that term in section 501 of the Homeland Security Act of 2002 ([Public Law 107–296](/us/pl/107/296); [6 U.S.C. 311](/us/usc/t6/s311)). SEC. 518. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE STRUCTURE BASED ON DOMESTIC RESPONSES.(a) Study.—The Secretary of Defense shall conduct a study to determine whether to reapportion the current force structure of the National Guard based on wartime and domestic response requirements.Assessments. The study shall include the following elements:(1) An assessment of how domestic response missions affect recruitment and retention of qualified personnel, especially in States—(A) with the lowest ratios of National Guard members to the general population; and
(B)that are most prone to natural disasters.
(2)An assessment of how domestic response missions affect the ability of the National Guard of a State to ability to staff, equip, and ready a unit for its Federal missions.
(3)A comparison of the costs of a response to a domestic incident in a State with—(A) units of the National Guard of such State; and
(B)units of the National Guards of other States pursuant to an emergency management assistance compact.
(4)Based on the recommendations in the 2021 report of the National Guard Bureau titled “Impact of U.S. Population Trends on National Guard Force Structure”, an assessment of—(A) challenges to recruiting members of the National Guard;
(B)allocating mission sets to other geographic regions;
(C)the ability to track and respond to domestic migration trends in order to establish a baseline for force structure requirements;
(D)the availability of training ranges for Federal missions;
(E)the availability of transportation and other support infrastructure; and
(F)the cost of operation in each State.
(5)In light of the limited authority of the President under [section 104(c) of title 32, United States Code](/us/usc/t32/s104/c), an assessment 135 STAT. 1686 of whether the number of members of the National Guard is sufficient to reapportion force structure to meet the requirements of domestic responses and shifting populations.
(b)Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study under subsection (a).
(c)State Defined.—In this section, the term “**State**” includes the various States and Territories, the Commonwealth of Puerto Rico, and the District of Columbia. SEC. 519. BRIEFING ON JUNIOR RESERVE OFFICERS’ TRAINING CORPS PROGRAM. NotDeadline. later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the Junior Reserve Officers’ Training Corps programs of each Armed Force. The briefing shall include—(1) Assessment.an assessment of the current usage of the program, including the number of individuals enrolled in the program, the demographic information of individuals enrolled in the program, and the number of units established under the program;
(2)a description of the efforts of the Armed Forces to meet current enrollment targets for the program;
(3)an explanation of the reasons such enrollment targets have not been met, if applicable;
(4)a description of any obstacles preventing the Armed Forces from meeting such enrollment targets;
(5)a comparison of the potential benefits and drawbacks of expanding the program; and
(6)a description of program-wide diversity and inclusion recruitment and retention efforts. Subtitle C—General Service Authorities and Military Records SEC. 521. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR PARTICIPATION IN CAREER INTERMISSION PROGRAM OF A MILITARY DEPARTMENT. [Section 710(c)(3) of title 10, United States Code](/us/usc/t10/s710/c/3), is amended by striking “two months” and inserting “one month”. SEC. 522. Deadlines.Determinations.[10 USC note](/us/usc/t10)prec. 501.IMPROVEMENTS TO MILITARY ACCESSIONS IN ARMED FORCES UNDER THE JURISDICTION OF THE SECRETARIES OF THE MILITARY DEPARTMENTS.(a) In General.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall take the following steps regarding military accessions in each Armed Force under the jurisdiction of the Secretary of a military department:(1) Assessment.Assess the prescribed medical standards for appointment as an officer, or enlistment as a member, in such Armed Force.
(2)Determine how to update the medical screening processes for appointment or enlistment.135 STAT. 1687
(3)Determine how to standardize operations across the military entrance processing stations.
(4)Determine how to improve aptitude testing methods and standardized testing requirements.
(5)Determine how to improve the waiver process for individuals who do not meet medical standards for accession.
(6)Data review.Time period.Determine, by reviewing data from calendar years 2017 through 2021, whether military accessions (including such accessions pursuant to waivers) vary, by geographic region.
(7)Data review.Time period.Determine, by reviewing data from calendar years 2017 through 2021, whether access to military health records has suppressed the number of such military accessions, authorized Secretaries of the military departments, by—(A) children of members of such Armed Forces;
(B)retired members of such Armed Forces; or
(C)recently separated members of such Armed Forces.
(8)Implement improvements determined under paragraphs
(1)through (7).
(b)Recommenda-tions.Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on the results of carrying out this section and recommendations regarding legislation the Secretary determines necessary to improve such military accessions. SEC. 523. NOTICE PROGRAM RELATING TO OPTIONS FOR NATURALIZATION.(a) Regulations.[10 USC 503 note](/us/usc/t10/s503).Upon Enlistment.—The Secretary of each military department shall prescribe regulations that ensure that a military recruit, who is not a citizen of the United States, receives proper notice of options for naturalization under title III of the Immigration and Nationality Act ([8 U.S.C. 1401 et seq.](/us/usc/t8/s1401/etseq)) Such notice shall inform the recruit of existing programs or services that may aid in the naturalization process of such recruit.
(b)Coordination.[10 USC 1142 note](/us/usc/t10/s1142).Upon Separation.—The Secretary of Homeland Security, acting through the Director of U.S. Citizenship and Immigration Services, and in coordination with the Secretary of Defense, shall provide to a member of the Armed Forces who is not a citizen of the United States, upon separation of such member, notice of options for naturalization under title III of the Immigration and Nationality Act ([8 U.S.C. 1401 et seq.](/us/usc/t8/s1401/etseq)) Such notice shall inform the member of existing programs or services that may aid in the naturalization process of such member. SEC. 524. [10 USC 1071 note](/us/usc/t10/s1071).APPEALS TO PHYSICAL EVALUATION BOARD DETERMINATIONS OF FITNESS FOR DUTY. NotDeadline.Timelines.Procedures. later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate a formal appeals process (including timelines established by the Secretary of Defense) into the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System of the Department of Defense. The appeals process shall include the following:(1) The Secretary concerned shall ensure that a member of the Armed Forces may submit a formal appeal made with respect to determinations of fitness for duty to a Physical Evaluation Board of such Secretary.135 STAT. 1688
(2)Hearings.Determination.The appeals process shall include, at the request of such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned.
(3)Such member shall have the option to be represented at a hearing by legal counsel. SEC. 525. [10 USC 2871 note](/us/usc/t10/s2871).COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING AS ELEMENT OF PERFORMANCE EVALUATIONS.(a) Assessment.Evaluations in General.—Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection
(b)under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leadership in the following:(1) Improving conditions of privatized housing under [subchapter IV of chapter 169 of title 10, United States Code](/us/usc/t10/ch169/schIV).
(2)Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned.
(b)Covered Individuals.—The individuals described in this subsection are as follows:(1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under [subchapter IV of chapter 169 of title 10, United States Code](/us/usc/t10/ch169/schIV).
(2)Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph
(1)whose duties include facilities or housing management at such installation.
(3)Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section. SEC. 526. Records.FEASIBILITY STUDY ON ESTABLISHMENT OF HOUSING HISTORY FOR MEMBERS OF THE ARMED FORCES WHO RESIDE IN HOUSING PROVIDED BY THE UNITED STATES.(a) Deadline.Study; Report.—Not later than September 30, 2022, the Secretary of Defense shall—(1) conduct a feasibility study regarding the establishment of a standard record of housing history for members of the Armed Forces who reside in covered housing; and
(2)submit to the appropriate congressional committees a report on the results of such study.
(b)Contents.—A record described in subsection
(a)includes, with regards to each period during which the member concerned resided in covered housing, the following:(1) Assessment.The assessment of the commander of the military installation in which such housing is located, of the condition of such covered housing—(A) prior to the beginning of such period; and
(B)in which the member concerned left such covered housing upon vacating such covered housing.
(2)Contact information a housing provider may use to inquire about such a record.
(c)Online Access.—A record described in subsection
(a)would be accessible through a website, maintained by the Secretary of 135 STAT. 1689 the military department concerned, through which a member of the Armed Forces under the jurisdiction of such Secretary may access such record of such member.
(d)Issuance.—The Secretary concerned would issue a copy of a described in subsection
(a)to the member concerned upon the separation, retirement, discharge, or dismissal of such member from the Armed Forces, with the DD Form 214 for such member.
(e)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means the following:(A) The Committee on Armed Services of the House of Representatives.
(B)The Committee on Armed Services of the Senate.
(C)The Committee on Transportation and Infrastructure of the House of Representatives.
(D)The Committee on Commerce, Science, and Transportation of the Senate.
(2)The term “**covered housing**” means housing provided by the United States to a member of the Armed Forces. SEC. 527. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.(a) Inclusion of Processes of Selective Service System.—[Section 10208 of title 10, United States Code](/us/usc/t10/s10208), is amended by adding at the end the following new subsection:"“(c)(1) Effective date.Time period.Reports.The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every five years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for induction of personnel into the armed forces under the Military Selective Service Act ([50 U.S.C. 3801 et seq.](/us/usc/t50/s3801/etseq)), and submit to Congress a report on the results of this exercise and evaluation. The report may be submitted in classified form. “(2) The exercise under this subsection—“(A) Review.shall include a review of national mobilization strategic and operational concepts; and “(B) Plans.shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating Selective Service System inductees.” ".
(b)Briefing; Report.—(1) Deadline.Briefing.—Not later than 180 days after the date on which the Secretary of Defense conducts the first mobilization exercise under [section 10208 of title 10, United States Code](/us/usc/t10/s10208), after the date of the enactment of this Act, the Secretary shall provide to the Committees of Armed Services of the Senate and House of Representatives a briefing on—(A) the status of the review and assessments conducted pursuant to subsection
(c)of such section, as added by subsection (a); and
(B)Recommenda-tions.any interim recommendations of the Secretary.
(2)Report.—Not later than two years after the date on which the Secretary conducts the first mobilization exercise as described in paragraph (1), the Secretary shall submit to the Committees of Armed Services of the Senate and House of Representatives a report that contains the following:(A) Review.A review of national mobilization strategic and operational concepts.135 STAT. 1690
(B)A simulation of a mobilization of all Armed Forces and reserve units, with plans and processes for incorporating Selective Service System inductees.
(C)Assessment.An assessment of the Selective Service system in the current organizational form.
(D)Assessment.An assessment of the Selective Service System as a peace-time registration system.
(E)Recommenda-tions.Recommendations with respect to the challenges, opportunities, cost, and timelines regarding the assessments described in subparagraphs
(C)and (D). SEC. 528. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR THE SPACE FORCE.(a) Effective date.[10 USC 517 note](/us/usc/t10/s517).Exemption.—Sections 517 and 523 of [title 10, United States Code](/us/usc/t10), shall not apply to the Space Force until January 1, 2023.
(b)Deadline.Submittal.—Not later than April 1, 2022, the Secretary of the Air Force shall establish and submit to the Committees on Armed Services for the Senate and House of Representatives for inclusion in the National Defense Authorization Act for fiscal year 2023, the number of officers who—(1) may be serving on active duty in each of the grades of major, lieutenant colonel, and colonel; and
(2)may not, as of the end of such fiscal year, exceed a number determined in accordance with section 523(a)(1) of such title. SEC. 529. Consultation.Review.REPORT ON EXEMPTIONS AND DEFERMENTS FOR A POSSIBLE MILITARY DRAFT. Not later than 120 days after the date of the enactment of this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to Congress a report providing a review of exemptions and deferments from registration, training, and service under the Military Selective Service Act ([50 U.S.C. 3801 et seq.](/us/usc/t50/s3801/etseq)). SEC. 529A. REPORT ON PROCESSES AND PROCEDURES FOR APPEAL OF DENIAL OF STATUS OR BENEFITS FOR FAILURE TO REGISTER FOR SELECTIVE SERVICE.(a) Review.Report Required.—Not later than 180 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to the appropriate committees of Congress a report setting forth the results of a review of the processes and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits under Federal law for failure to register for selective service under the Military Selective Service Act ([50 U.S.C. 3801 et seq.](/us/usc/t50/s3801/etseq)).
(b)Consultation.—The Director of the Selective Service System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies.
(c)Elements.—The report required by subsection
(a)shall include the following:(1) Assessment.A description and assessment of the various appeals processes and procedures described in subsection (a), including—135 STAT. 1691
(A)a description of such processes and procedures; and
(B)Assessment.an assessment of—(i) the adequacy of notice provided for appeals under such processes and procedures;
(ii)the fairness of each such process and procedure;
(iii)the ease of use of each such process and procedure;
(iv)consistency in the application of such processes and procedures across the Federal Government; and
(v)the applicability of an appeal granted by one Federal agency under such processes and procedures to the actions and decisions of another Federal agency on a similar appeal.
(2)Time period.Information on the number of waivers requested, and the number of waivers granted, during the 15-year period ending on the date of the enactment of this Act in connection with denial of status or benefits for failure to register for selective service.
(3)Analysis.Assessment.An analysis and assessment of the recommendations of the National Commission on Military, National, and Public Service for reforming the rules and policies concerning failure to register for selective service.
(4)Recommenda-tions.Such recommendations for legislative or administrative action as the Director of the Selective Service System, and the consulting officers pursuant to subsection (b), consider appropriate in light of the review conducted pursuant to subsection (a).
(5)Such other matters in connection with the review conducted pursuant to subsection
(a)as the Director considers appropriate.
(d)Appropriate Committees of Congress Defined.—In this section, the term “**appropriate committee of Congress**” means—(1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2)the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. SEC. 529B. STUDY AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.(a) In General.—The Comptroller General of the United States shall conduct a study on the use of administrative separation boards within the Armed Forces.
(b)Evaluations.Elements.—The study under subsection
(a)shall evaluate—(1) the process each Armed Force uses to convene administrative separation boards, including the process used to select the board president, the recorder, the legal advisor, and board members; and
(2)the effectiveness of the operations of such boards.
(c)Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a).135 STAT. 1692 Subtitle D—Military Justice Reform PART 1—SPECIAL TRIAL COUNSEL SEC. 531. SPECIAL TRIAL COUNSEL.(a) In General.—[Subchapter V of chapter 47 of title 10, United States Code](/us/usc/t10/ch47/schV), is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section:"“§ 824a.[10 USC 824a](/us/usc/t10/s824a). Art 24a. Special trial counsel“(a) Regulations.Detail of Special Trial Counsel.—Each Secretary concerned shall promulgate regulations for the detail of commissioned officers to serve as special trial counsel. “(b) Qualifications.—A special trial counsel shall be a commissioned officer who—“(1)(A) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and “(B) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special trial counsel by—“(i) the Judge Advocate General of the armed force of which the officer is a member; or “(ii) in the case of the Marine Corps, the Staff Judge Advocate to the Commandant of the Marine Corps; and “(2) in the case of a lead special trial counsel appointed pursuant to section 1044f(a)(2) of this title, is in a grade no lower than O–7. “(c) Duties and Authorities.—“(1) Regulations.In general.—Special trial counsel shall carry out the duties described in this chapter and any other duties prescribed by the Secretary concerned, by regulation. “(2) Determination of covered offense; related charges.—“(A) Authority.—A special trial counsel shall have exclusive authority to determine if a reported offense is a covered offense and shall exercise authority over any such offense in accordance with this chapter. Any determination to prefer or refer charges shall not act to disqualify the special trial counsel as an accuser. “(B) Known and related offenses.—If a special trial counsel determines that a reported offense is a covered offense, the special trial counsel may also exercise authority over any offense that the special trial counsel determines to be related to the covered offense and any other offense alleged to have been committed by a person alleged to have committed the covered offense. “(3) Dismissal; referral; plea bargains.—Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special trial counsel exercises authority, a special trial counsel shall have exclusive authority to, in accordance with this chapter—“(A) on behalf of the Government, withdraw or dismiss the charges and specifications or make a motion to withdraw or dismiss the charges and specifications;135 STAT. 1693 “(B) refer the charges and specifications for trial by a special or general court-martial; “(C) enter into a plea agreement; and “(D) Determination.determine if an ordered rehearing is impracticable. “(4) Binding determination.—The determination of a special trial counsel to refer charges and specifications to a court-martial for trial shall be binding on any applicable convening authority for the referral of such charges and specifications. “(5) Deferral to commander or convening authority.—If a special trial counsel exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special trial counsel, elects not to refer such charges and specifications, a commander or convening authority may exercise any of the authorities of such commander or convening authority under this chapter with respect to such offense, except that such commander or convening authority may not refer charges and specifications for a covered offense for trial by special or general court-martial.” ".
(b)Table of Sections Amendment.—The table of sections at the beginning of [subchapter V of chapter 47 of title 10, United States Code](/us/usc/t10/ch47/schV) (the Uniform Code of Military Justice),[10 USC ](/us/usc/t10)prec. 822. is amended by inserting after the item relating to section 824 (article 24) the following new item:" “824a. Art 24a. Special trial counsel.”. "
(c)Plans.Report Required.—(1) In general.—Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the plan of the Secretary for detailing officers to serve as special trial counsel pursuant to [section 824a of title 10, United States Code](/us/usc/t10/s824a) (article 24a of the Uniform Code of Military Justice) (as added by subsection
(a)of this section).
(2)Elements.—Each report under paragraph
(1)shall include the following—(A) The plan of the Secretary concerned—(i) for staffing billets for—(I) special trial counsel who meet the requirements set forth in [section 824a of title 10, United States Code](/us/usc/t10/s824a) (article 24a of the Uniform Code of Military Justice) (as added by subsection
(a)of this section); and
(II)defense counsel for cases involving covered offenses; and
(ii)for supporting and ensuring the continuing professional development of military justice practitioners.
(B)Estimate.An estimate of the resources needed to implement such section 824a (article 24a).
(C)An explanation of other staffing required to implement such section 824a (article 24a), including staffing levels required for military judges, military magistrates, military defense attorneys, and paralegals and other support staff.135 STAT. 1694
(D)A description of how the use of special trial counsel will affect the military justice system as a whole.
(E)A description of how the Secretary concerned plans to place appropriate emphasis and value on litigation experience for judge advocates in order to ensure judge advocates are experienced, prepared, and qualified to handle covered offenses, both as special trial counsel and as defense counsel. Such a description shall address promotion considerations and explain how the Secretary concerned plans to instruct promotion boards to value litigation experience.
(F)Any additional resources, authorities, or information that each Secretary concerned deems relevant or important to the implementation of the requirements of this title.
(3)Definitions.—In this subsection—(A) The term “**Secretary concerned**” has the meaning given that term in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a).
(B)The term “**covered offense**” has the meaning given that term in [section 801(17) of title 10, United States Code](/us/usc/t10/s801/17) (as added by section 533 of this part). SEC. 532. POLICIES WITH RESPECT TO SPECIAL TRIAL COUNSEL.(a) In General.—[Chapter 53 of title 10, United States Code](/us/usc/t10/ch53), is amended by inserting after section 1044e the following new section:"“§ 1044f.[10 USC 1044f](/us/usc/t10/s1044f). Policies with respect to special trial counsel“(a) Policies Required.—The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish relating to the activities of special trial counsel, including expected milestones for such Secretaries to fully implement such mechanisms and procedures. The policies shall—“(1) Establishment.provide for the establishment of a dedicated office within each military service from which office the activities of the special trial counsel of the military service concerned shall be supervised and overseen; “(2) Appointment.provide for the appointment of one lead special trial counsel, who shall—“(A) be a judge advocate of that service in a grade no lower than O–7, with significant experience in military justice; “(B) be responsible for the overall supervision and oversight of the activities of the special trial counsel of that service; and “(C) report directly to the Secretary concerned, without intervening authority; “(3) ensure that within each office created pursuant to paragraph (1), the special trial counsel and other personnel assigned or detailed to the office—“(A) are independent of the military chains of command of both the victims and those accused of covered offenses and any other offenses over which a special trial counsel at any time exercises authority in accordance with section 824a of this title (article 24a); and135 STAT. 1695 “(B) conduct assigned activities free from unlawful or unauthorized influence or coercion; “(4) provide that special trial counsel shall be well-trained, experienced, highly skilled, and competent in handling cases involving covered offenses; and “(5) provide that commanders of the victim and the accused in a case involving a covered offense shall have the opportunity to provide input to the special trial counsel regarding case disposition, but that the input is not binding on the special trial counsel. “(b) Uniformity.—The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection
(a)does not render unconstitutional any such policy, mechanism, or procedure. “(c) Military Service Defined.—In this section, the term ‘**military service**’ means the Army, Navy, Air Force, Marine Corps, and Space Force.” ".
(b)Clerical Amendment.—The table of sections at the beginning of [chapter 53 of title 10, United States Code](/us/usc/t10/ch53),[10 USC ](/us/usc/t10)prec. 1030. is amended by inserting after the item relating to section 1044e the following new item:" “1044f. Policies with respect to special trial counsel.”. "
(c)Deadline.Quarterly Briefing.—Beginning not later than 180 days after the date of the enactment of this Act, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to [section 1044f(a) of title 10, United States Code](/us/usc/t10/s1044f/a) (as added by subsection (a)) and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by such section. SEC. 533. DEFINITION OF MILITARY MAGISTRATE, COVERED OFFENSE, AND SPECIAL TRIAL COUNSEL. [Section 801 of title 10, United States Code](/us/usc/t10/s801) (article 1 of the Uniform Code of Military Justice), is amended—(1) by inserting after paragraph
(10)the following new paragraph:"“(11) The term ‘**military magistrate**’ means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a).” "; and
(2)by adding at the end the following new paragraphs:"“(17) The term ‘**covered offense**’ means—“(A) an offense under section 917a (article 117a), section 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 925 (article 125), section 928b (article 128b), section 930 (article 130), section 932 (article 132), or the standalone offense of child pornography punishable under section 934 (article 134) of this title; “(B) a conspiracy to commit an offense specified in subparagraph
(A)as punishable under section 881 of this title (article 81);135 STAT. 1696 “(C) a solicitation to commit an offense specified in subparagraph
(A)as punishable under section 882 of this title (article 82); or “(D) an attempt to commit an offense specified in subparagraph (A), (B), or
(C)as punishable under section 880 of this title (article 80). “(18) The term ‘**special trial counsel**’ means a judge advocate detailed as a special trial counsel in accordance with section 824a of this title (article 24a) and includes a judge advocate appointed as a lead special trial counsel pursuant to section 1044f(a)(2) of this title.” ". SEC. 534. CLARIFICATION RELATING TO WHO MAY CONVENE COURTS-MARTIAL.(a) General Courts-martial.—[Section 822(b) of title 10, United States Code](/us/usc/t10/s822/b) (article 22(b) of the Uniform Code of Military Justice), is amended—(1) by striking “If any” and inserting “(1) If any”; and
(2)by adding at the end the following new paragraph:"“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.” ".
(b)Special Courts-martial.—[Section 823(b) of title 10, United States Code](/us/usc/t10/s823/b) (article 23(b) of the Uniform Code of Military Justice), is amended—(1) by striking “If any” and inserting “(1) If any”; and
(2)by adding at the end the following new paragraph:"“(2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special trial counsel in accordance with this chapter.” ". SEC. 535. DETAIL OF TRIAL COUNSEL. [Section 827 of title 10, United States Code](/us/usc/t10/s827) (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:"“(e) For each general and special court-martial for which charges and specifications were referred by a special trial counsel—“(1) a special trial counsel shall be detailed as trial counsel; and “(2) a special trial counsel may detail other trial counsel as necessary who are judge advocates.” ". SEC. 536. PRELIMINARY HEARING.(a) Detail of Hearing Officer; Waiver.—Subsection (a)(1) of [section 832 of title 10, United States Code](/us/usc/t10/s832) (article 32 of the Uniform Code of Military Justice), is amended—(1) in subparagraph (A), by striking “hearing officer” and all that follows through the period at the end and inserting “hearing officer detailed in accordance with subparagraph (C).”;
(2)Determinations.in subparagraph (B), by striking “written waiver” and all that follows through the period at the end and inserting the following: "“written waiver to—“(i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and135 STAT. 1697 “(ii) with respect to charges and specifications over which the special trial counsel is exercising authority in accordance with section 824a of this title (article 24a), the special trial counsel and the special trial counsel determines that a hearing is not required.” "; and
(3)by adding at the end the following new subparagraph:"“(C)(i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. “(ii) If a special trial counsel is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special trial counsel shall request a hearing officer and a hearing officer shall be provided by the convening authority, in accordance with regulations prescribed by the President.” ".
(b)Report of Preliminary Hearing Officer.—Subsection
(c)of such section is amended—(1) in the heading, by inserting “or Special Trial Counsel” after “Convening Authority”; and
(2)in the matter preceding paragraph
(1)by striking “to the convening authority” and inserting “to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special trial counsel to the special trial counsel,”. SEC. 537. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR TRIAL. [Section 834 of title 10, United States Code](/us/usc/t10/s834) (article 34 of the Uniform Code of Military Justice), is amended—(1) in subsection (a)(1), by striking “Before referral” and inserting “Subject to subsection (c), before referral”
(2)in subsection (b), by striking “Before referral” and inserting “Subject to subsection (c), before referral”;
(3)by redesignating subsections
(c)and
(d)as subsections
(d)and
(e)respectively;
(4)by inserting after subsection
(b)the following new subsection:"“(c) Covered Offenses.—A referral to a general or special court-martial for trial of charges and specifications over which a special trial counsel exercises authority may only be made—“(1) Determination.by a special trial counsel, subject to a special trial counsel’s written determination accompanying the referral that—“(A) each specification under a charge alleges an offense under this chapter; “(B) there is probable cause to believe that the accused committed the offense charged; and “(C) a court-martial would have jurisdiction over the accused and the offense; or “(2) in the case of charges and specifications that do not allege a covered offense and as to which a special trial counsel declines to prefer or, in the case of charges and specifications preferred by a person other than a special trial counsel, refer charges, by the convening authority in accordance with this section.” "; and
(5)in subsection (e), as so redesignated, by inserting “or, with respect to charges and specifications over which a special trial counsel exercises authority in accordance with section 135 STAT. 1698 824a of this title (article 24a), a special trial counsel,” after “convening authority”. SEC. 538. FORMER JEOPARDY. [Section 844(c) of title 10, United States Code](/us/usc/t10/s844/c) (article 44(c) of the Uniform Code of Military Justice), is amended by inserting “or the special trial counsel” after “the convening authority” each place it appears. SEC. 539. PLEA AGREEMENTS.(a) Authority to Enter Into Agreements.—Subsection
(a)of [section 853a of title 10, United States Code](/us/usc/t10/s853a) (article 53a of the Uniform Code of Military Justice), is amended—(1) in paragraph (1), by striking “At any time” and inserting “Subject to paragraph (3), at any time”; and
(2)by adding at the end the following new paragraph:"“(3) With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).” ".
(b)Binding Effect.—Subsection
(d)of such section (article) is amended by inserting after “parties” the following: “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))”. SEC. 539A. DETERMINATIONS OF IMPRACTICABILITY OF REHEARING.(a) Transmittal and Review of Records.—[Section 865(e)(3)(B) of title 10, United States Code](/us/usc/t10/s865/e/3/B) (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended—(1) by striking “impractical.—If the Judge Advocate General” and inserting the following: “impracticable.—”"“(i) In general.—Subject to clause (ii), if the Judge Advocate General” ";
(2)by striking “impractical” and inserting “impracticable”; and
(3)by adding at the end the following new clause:"“(ii) Cases referred by special trial counsel .—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.” ".
(b)Courts of Criminal Appeals.—[Section 866(f)(1)(C) of title 10, United States Code](/us/usc/t10/s866/f/1/C) (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended—(1) by striking “impracticable.—If the Court of Criminal Appeals” and inserting the following: "“Impracticable.—“(i) In general.—Subject to clause (ii), if the Court of Criminal Appeals” "; and
(2)by adding at the end the following new clause:"“(ii) Cases referred by special trial counsel.—If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.” ".135 STAT. 1699
(c)Review by the Court of Appeals for the Armed Forces.—[Section 867(e) of title 10, United States Code](/us/usc/t10/s867/e) (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: “Notwithstanding the preceding sentence, if a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.”.
(d)Review by Judge Advocate General.—Section 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended—(1) by striking “If the Judge Advocate General” and inserting “(i) Subject to clause (ii), if the Judge Advocate General”;
(2)by striking “impractical” and inserting “impracticable”; and
(3)by adding at the end the following new clause:"“(ii) If a case was referred to trial by a special trial counsel, a special trial counsel shall determine if a rehearing is impracticable and shall dismiss the charges if the special trial counsel so determines.” ". SEC. 539B. Consultation.Contracts.[10 USC 801 note](/us/usc/t10/s801).APPLICABILITY TO THE UNITED STATES COAST GUARD. The Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and the policies, mechanisms, and processes established pursuant to such provisions, to the United States Coast Guard when it is operating as a service in the Department of Homeland Security. SEC. 539C. [10 USC 801 note](/us/usc/t10/s801).EFFECTIVE DATE.(a) Applicability.In General.—Except as provided in subsection (b), the amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date.
(b)Regulations.—(1) President.Deadline.Requirement.—The President shall prescribe regulations to carry out this part not later than two years after the date of the enactment of this Act.
(2)Applicability.Impact of delay of issuance.—If the President does not prescribe the regulations necessary to carry out this part before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date. PART 2—SEXUAL HARASSMENT; SENTENCING REFORM SEC. 539D. [10 USC 934 note](/us/usc/t10/s934).INCLUSION OF SEXUAL HARASSMENT AS GENERAL PUNITIVE ARTICLE.(a) Deadline.President.In General.—Not later than 30 days after the date of the enactment of this Act, the President shall—(1) Regulations.prescribe regulations establishing sexual harassment, as described in this section, as an offense punishable under 135 STAT. 1700 [section 934 of title 10, United States Code](/us/usc/t10/s934) (article 134 of the Uniform Code of Military Justice); and
(2)Revision.revise the Manual for Courts-Martial to include such offense.
(b)Elements of Offense.—The regulations and the revisions to the Manual for Courts-Martial required under subsection
(a)shall provide that the required elements constituting the offense of sexual harassment are—(1) that the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
(2)that such conduct was unwelcome;
(3)that, under the circumstances, such conduct—(A) would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements;
(B)would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements; or
(C)was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
(4)that, under the circumstances, the conduct of the accused was—(A) to the prejudice of good order and discipline in the armed forces;
(B)of a nature to bring discredit upon the armed forces; or
(C)to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces. SEC. 539E. SENTENCING REFORM.(a) Article 53; Findings and Sentencing.—[Section 853 of title 10, United States Code](/us/usc/t10/s853) (article 53 of the Uniform Code of Military Justice), is amended—(1) in subsection (b), by amending paragraph
(1)to read as follows:"“(1) General and special courts-martial.—Except as provided in subsection
(c)for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial.” "; and
(2)in subsection (c)—(A) by amending paragraph
(1)to read as follows:"“(1) In general.—In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death—“(A) Determinations.the members shall determine—135 STAT. 1701 “(i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or “(ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and “(B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A).” "; and
(B)in paragraph (2), by striking “the court-martial” and inserting “the military judge”.
(b)Article 53a; Plea Agreements.—[Section 853a of title 10, United States Code](/us/usc/t10/s853a) (article 53a of the Uniform Code of Military Justice), as amended by section 539 of this Act, is further amended—(1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and
(2)by inserting after subsection
(a)the following new subsection:"“(b) Determinations.Acceptance of Plea Agreement.—Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—“(1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and “(2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.” ".
(c)Article 56; Sentencing.—[Section 856 of title 10, United States Code](/us/usc/t10/s856) (article 56 of the Uniform Code of Military Justice), is amended—(1) in subsection (c)—(A) in paragraph (1)—(i) in subparagraph (C)(vii), by striking “and” at the end;
(ii)in subparagraph (D), by striking the period at the end and inserting “; and”; and
(iii)by adding at the end the following new subparagraph:"“(E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022.” "; and
(B)by striking paragraphs
(2)through
(4)and inserting the following new paragraphs:"“(2) Application of sentencing parameters in general and special courts-martial.—135 STAT. 1702 “(A) Requirement to sentence within parameters.—Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter. “(B) Exception.—The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. Statement.If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence. “(3) Use of sentencing criteria in general and special courts-martial.—In a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense. “(4) Offense-based sentencing in general and special courts-martial.—In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. “(5) Inapplicability to death penalty.—Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. “(6) Sentence of confinement for life without eligibility for parole.—“(A) In general.—If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. “(B) Term of confinement.—An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused’s life unless—“(i) the sentence is set aside or otherwise modified as a result of—“(I) action taken by the convening authority or the Secretary concerned; or “(II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter; “(ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or “(iii) the accused receives a pardon or another form of Executive clemency.” "; and
(4)in subsection (d)(1)—135 STAT. 1703(A) in subparagraph (A), by striking “or” at the end;
(B)by redesignating subparagraph
(B)as subparagraph (C);
(C)by inserting after subparagraph
(A)the following new subparagraph:"“(B) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the sentence is a result of an incorrect application of the parameter; or” "; and
(D)in subparagraph (C), as redesignated by subparagraph
(B)of this paragraph, by striking “, as determined in accordance with standards and procedures prescribed by the President”.
(d)Article 66; Courts of Criminal Appeals.—[Section 866 of title 10, United States Code](/us/usc/t10/s866) (article 66 of the Uniform Code of Military Justice), as amended by section 539A of this Act, is further amended—(1) in subsection (d)(1)(A), by striking the third sentence; and
(2)by amending subsection
(e)to read as follows:"“(e) Consideration of Sentence.—“(1) In general.—In considering a sentence on appeal, other than as provided in section 856(d) of this title (article 56(d)), the Court of Criminal Appeals may consider—“(A) whether the sentence violates the law; “(B) whether the sentence is inappropriately severe—“(i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022; or “(ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter; “(C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; “(D) whether the sentence is plainly unreasonable; and “(E) Review.in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(c) of this title (article 53(c)), whether the sentence is otherwise appropriate, under rules prescribed by the President. “(2) Record on appeal.—In an appeal under this subsection or section 856(d) of this title (article 56(d)), other than review under subsection (b)(2) of this section, the record on appeal shall consist of—“(A) any portion of the record in the case that is designated as pertinent by any party; “(B) the information submitted during the sentencing proceeding; and135 STAT. 1704 “(C) any information required by rule or order of the Court of Criminal Appeals.” ".
(e)[10 USC 856 note](/us/usc/t10/s856).Establishment of Sentencing Parameters and Sentencing Criteria.—(1) Deadline.President.Regulations.In general.—Not later than two years after the date of the enactment of this Act, the President shall prescribe regulations establishing sentencing parameters and sentencing criteria related to offenses under [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria—(A) shall cover sentences of confinement; and
(B)Determination.may cover lesser punishments, as the President determines appropriate.
(2)Sentencing parameters.—Sentencing parameters established under paragraph
(1)shall—(A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration—(i) the severity of the offense;
(ii)the guideline or offense category that would apply to the offense if the offense were tried in a United States district court;
(iii)any military-specific sentencing factors;
(iv)the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; and
(v)any other relevant sentencing guideline.
(B)include no fewer than 5 and no more than 12 offense categories;
(C)assign such offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and
(D)delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit.
(3)Sentencing criteria.—Sentencing criteria established under paragraph
(1)shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense.
(4)Designations.Military sentencing parameters and criteria board.—(A) Establishment.In general.—There is established within the Department of Defense a board, to be known as the “Military Sentencing Parameters and Criteria Board” (referred to in this subsection as the “Board”).
(B)Voting members.—The Board shall have 5 voting members, as follows:(i) The 4 chief trial judges designated under [section 826(g) of title 10, United States Code](/us/usc/t10/s826/g) (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience.135 STAT. 1705
(ii)A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under [section 826(g) of title 10, United States Code](/us/usc/t10/s826/g) (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy.
(iii)A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under [section 826(g) of title 10, United States Code](/us/usc/t10/s826/g) (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps.
(C)Nonvoting members.—The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board.Appointment. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary’s discretion.
(D)Chair and vice-chair.—The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair.
(E)Voting requirement.—An affirmative vote of at least three members is required for any action of the Board under this subsection.
(F)Duties of board.—The Board shall have the following duties:(i) As directed by the Secretary of Defense, the Board shall submit to the President for approval—(I) sentencing parameters for all offenses under [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice) (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and
(II)sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii).
(ii)Identify each offense under [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice), that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if—(I) the nature of the offense is indeterminate and unsuitable for categorization; and
(II)there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia.
(iii)In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to [section 946(f)(2) of title 10, United States Code](/us/usc/t10/s946/f/2) (article 146(f)(2) of the Uniform Code of Military Justice).
(iv)In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board 135 STAT. 1706 shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice).
(v)The Board shall regularly—(I) Reviews.Revisions.review, and propose revision to, in consideration of comments and data coming to the Board’s attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and
(II)Proposals.Statements.submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments.
(vi)The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section.
(vii)Consultation.In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate.
(viii)Proposals.Statements.The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments.
(f)Applicability.[10 USC 853 note](/us/usc/t10/s853).Effective Date.—The amendments made by this section shall take effect on the date that is two years after the date of the enactment of this Act and shall apply to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after the date of the enactment of this Act.
(g)Repeal of Secretarial Guidelines on Sentences for Offenses Committed Under the Uniform Code of Military Justice.—Section 537 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1363](/us/stat/133/1363); [10 U.S.C. 856 note](/us/usc/t10/s856)) is repealed. PART 3—REPORTS AND OTHER MATTERS SEC. 539F. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR IMPLEMENTATION.(a) Briefing and Report Required.—(1) Deadline.Briefing.—Not later than March 1, 2022, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle.135 STAT. 1707
(2)Report.—On a date occurring after the briefing under paragraph (1), but not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement this subtitle and the amendments made by this subtitle.
(3)Form of briefing and report.—Each Secretary concerned may provide the briefing and report required under paragraphs
(1)and
(2)jointly, or separately, as determined appropriate by such Secretaries
(b)Elements.—The briefing and report required under subsection
(a)shall address the following:(1) The number of additional personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C.
(2)The basis for the number provided pursuant to paragraph (1), including the following:(A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned.
(B)The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight.
(C)The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, and military magistrates.
(D)Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned.
(3)The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C.
(4)The amount and types of additional funding required by the Armed Force concerned to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C.
(5)Any additional authorities required to implement the provisions of this subtitle and the amendments made by this subtitle by the effective date specified in section 539C.
(6)Determination.Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of this subtitle and the amendments made by this subtitle.
(c)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and135 STAT. 1708
(B)the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
(2)The term “**Secretary concerned**” has the meaning given that term in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a). SEC. 539G. BRIEFING ON IMPLEMENTATION OF CERTAIN RECOMMENDATIONS OF THE INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT IN THE MILITARY.(a) Deadline.Briefing Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the implementation of the recommendations set forth in the report of the Independent Review Commission on Sexual Assault in the Military titled “Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military”, and dated July 2, 2021.
(b)Elements.—The briefing under subsection
(a)shall address the following:(1) The status of the implementation of each recommendation, including—(A) whether, how, and to what extent the recommendation has been implemented; and
(B)any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation.
(2)Plan.For each recommendation that has not been fully implemented or superseded by statute as of the date of the briefing, a description of any plan for the implementation of the recommendation, including identification of—(A) intermediate actions, milestone dates, and any expected completion date for implementation of the recommendation; and
(B)any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the recommendation. Subtitle E—Other Military Justice and Legal Matters SEC. 541. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE. [Section 806b(a) of title 10, United States Code](/us/usc/t10/s806b/a) (article 6b(a) of the Uniform Code of Military Justice), is amended—(1) by redesignating paragraph
(8)as paragraph (9); and
(2)by inserting after paragraph
(7)the following new paragraph:"“(8) The right to be informed in a timely manner of any plea agreement, separation-in-lieu-of-trial agreement, or non-prosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused.” ".135 STAT. 1709 SEC. 542. CONDUCT UNBECOMING AN OFFICER.(a) In General.—[Section 933 of title 10, United States Code](/us/usc/t10/s933) (article 133 of the Uniform Code of Military Justice) is amended—(1) in the section heading, by striking “**and a gentleman**”; and
(2)by striking “and a gentleman”.
(b)Clerical Amendment.—The table of sections at the beginning of subchapter X of chapter 47 of such title[10 USC ](/us/usc/t10)prec. 877. is amended by striking the item relating to section 933 (article 133) and inserting the following new item:" “933. 133. Conduct unbecoming an officer.”. " SEC. 543. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL HARASSMENT.(a) In General.—[Section 1561 of title 10, United States Code](/us/usc/t10/s1561), is amended to read as follows:"“§ 1561. Complaints of sexual harassment: independent investigation“(a) Action on Complaints Alleging Sexual Harassment.—A commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force who receives from a member of the command or a civilian employee under the supervision of the officer a formal complaint alleging a claim of sexual harassment by a member of the armed forces or a civilian employee of the Department of Defense shall, to the extent practicable, direct that an independent investigation of the matter be carried out in accordance with this section. “(b) Deadline.Commencement of Investigation.—To the extent practicable, a commanding officer or officer in charge receiving such a formal complaint shall forward such complaint to an independent investigator within 72 hours after receipt of the complaint, and shall further—“(1) forward the formal complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; and “(2) advise the complainant of the commencement of the investigation. “(c) Deadline.Duration of Investigation.—To the extent practicable, a commanding officer or officer in charge shall ensure that an independent investigator receiving a formal complaint of sexual harassment under this section completes the investigation of the complaint not later than 14 days after the date on which the investigation is commenced, and that the findings of the investigation are forwarded to the commanding officer or officer in charge specified in subsection
(a)for action as appropriate. “(d) Report on Investigation.—To the extent practicable, a commanding officer or officer in charge shall—“(1) submit a final report on the results of the independent investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or “(2) Time period.submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the 135 STAT. 1710 investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. “(e) Sexual Harassment Defined.—In this section, the term ‘**sexual harassment**’ means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).” ".
(b)Clerical Amendment.—The table of sections at the beginning of [chapter 80 of title 10, United States Code](/us/usc/t10/ch80),10 USCprec. 1561. is amended by striking the item relating to section 1561 and inserting the following new item:" “1561. Complaints of sexual harassment: independent investigation.”. "
(c)[10 USC 1561 note](/us/usc/t10/s1561).Effective Date.—The amendments made by subsections
(a)and
(b)shall—(1) take effect on the date that is two years after the date of the enactment of this Act; and
(2)Applicability.apply to any investigation of a formal complaint of sexual harassment (as defined in [section 1561 of title 10, United States Code](/us/usc/t10/s1561), as amended by subsection (a)) made on or after that date.
(d)Deadline.[10 USC 1561 note](/us/usc/t10/s1561).Regulations.—Not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall prescribe regulations providing for the implementation of [section 1561 of title 10, United States Code](/us/usc/t10/s1561), as amended by subsection (a).
(e)Report on Implementation.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the preparation of the Secretary to implement [section 1561 of title 10, United States Code](/us/usc/t10/s1561), as amended by subsection (a). SEC. 544. DEPARTMENT OF DEFENSE TRACKING OF ALLEGATIONS OF RETALIATION BY VICTIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT AND RELATED PERSONS.(a) In General.—[Chapter 80 of title 10, United States Code](/us/usc/t10/ch80), is amended by inserting after section 1562 the following new section:"“§ 1562a.[10 USC 1562a](/us/usc/t10/s1562a). Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense“(a) Designation of Responsible Component.—The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). “(b) Tracking of Allegations.—The head of the component designated by the Secretary under subsection
(a)shall document and track each covered allegation of retaliation, including—“(1) that such an allegation has been reported and by whom; “(2) the date of the report;135 STAT. 1711 “(3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; “(4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; “(5) the entry of findings; “(6) referral of such findings to a decisionmaker for review and action, as appropriate; “(7) the outcome of final action; and “(8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. “(c) Covered Allegation of Retaliation Defined.—In this section, the term ‘**covered allegation of retaliation**’ means an allegation of retaliation—“(1) made by—“(A) an alleged victim of sexual assault or sexual harassment; “(B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; “(C) a witness or bystander to an alleged sexual assault or sexual harassment; or “(D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and “(2) without regard to whether the allegation is reported to or investigated or inquired into by—“(A) the Department of Defense Inspector General or any other inspector general; “(B) a military criminal investigative organization; “(C) a commander or other person at the direction of the commander; “(D) another military or civilian law enforcement organization; or “(E) any other organization, officer, or employee of the Department of Defense.” ".
(b)Clerical Amendment.—The table of sections at the beginning of [chapter 80 of title 10, United States Code](/us/usc/t10/ch80),[10 USC ](/us/usc/t10)prec. 1561. is amended by inserting after the item relating to section 1562 the following new item:" “1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense.”. " SEC. 545. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION NOT TO REFER TO TRIAL BY COURT-MARTIAL. Section 549 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 806b note](/us/usc/t10/s806b)) is amended—(1) in the section heading, by striking “alleged sexual assault” and inserting “alleged sex-related offense”;
(2)by striking “Under regulations” and inserting “Notwithstanding [section 552a of title 5, United States Code](/us/usc/t5/s552a), and under regulations”;
(3)by striking “alleged sexual assault” and inserting “an alleged sex-related offense (as defined in [section 1044e(h) of title 10, United States Code](/us/usc/t10/s1044e/h))”; and135 STAT. 1712
(4)by adding at the end the following new sentence: “Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant.” SEC. 546. [10 USC 1044e note](/us/usc/t10/s1044e).CIVILIAN POSITIONS TO SUPPORT SPECIAL VICTIMS’ COUNSEL.(a) Civilian Support Positions.—Each Secretary of a military department may establish one or more civilian positions within each office of the Special Victims’ Counsel under the jurisdiction of such Secretary.
(b)Duties.—The duties of each position under subsection
(a)shall be—(1) to provide support to Special Victims’ Counsel, including legal, paralegal, and administrative support; and
(2)to ensure the continuity of legal services and the preservation of institutional knowledge in the provision of victim legal services notwithstanding transitions in the military personnel assigned to offices of the Special Victims’ Counsel.
(c)Special Victims’ Counsel Defined.—In this section, the term “**Special Victims’ Counsel**” means Special Victims’ Counsel described in [section 1044e of title 10, United States Code](/us/usc/t10/s1044e), and in the case of the Navy and Marine Corps, includes counsel designated as “Victims’ Legal Counsel”. SEC. 547. Deadlines.Consultations.Publications.PLANS FOR UNIFORM DOCUMENT MANAGEMENT SYSTEM, TRACKING PRETRIAL INFORMATION, AND ASSESSING CHANGES IN LAW.(a) Plan for Document Management System.—(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan pursuant to which the Secretary of Defense shall establish a single document management system for use by each Armed Force to collect and present information on matters within the military justice system, including information collected and maintained for purposes of [section 940a of title 10, United States Code](/us/usc/t10/s940a) (article 140a of the Uniform Code of Military Justice).
(2)Criteria.Elements.—The plan under subsection
(a)shall meet the following criteria:(A) Consistency of data fields.—The plan shall ensure that each Armed Force uses consistent data collection fields, definitions, and other criteria for the document management system described in subsection (a).
(B)Strategy.Best practices.—The plan shall include a strategy for incorporating into the document management system the features of the case management and electronic case filing system of the Federal courts to the greatest extent possible.135 STAT. 1713
(C)Prospective application.—The plan shall require the document management system to be used for the collection and presentation of information about matters occurring after the date of the implementation of the system. The plan shall not require the collection and presentation of historical data about matters occurring before the implementation date of the system.
(D)Estimate.Resources.—The plan shall include an estimate of the resources (including costs, staffing, and other resources) required to implement the document management system.
(E)Analysis.Authorities.—The plan shall include an analysis of any legislative actions, including any changes to law, that may be required to implement the document management system for each Armed Force.
(b)Plan for Tracking Pretrial Information.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing how the Armed Forces will collect, track, and maintain pretrial records, data, and other information regarding the reporting, investigation, and processing of all offenses under [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice), arising in any Armed Force in a manner such that each Armed Force uses consistent data collection fields, definitions, and criteria.
(c)Plan for Assessing Effects of Changes in Law.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall publish a plan addressing the manner in which the Department of Defense will analyze the effects of the changes in law and policy required under subtitle D and the amendments made by such subtitle with respect to the disposition of offenses over which a special trial counsel at any time exercises authority in accordance with [section 824a of title 10, United States Code](/us/usc/t10/s824a) (article 24a of the Uniform Code of Military Justice) (as added by section 531 of this Act).
(d)Interim Briefings.—(1) Time period.In general.—Not less frequently than once every 90 days during the covered period, the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), the Secretaries of the military departments, and the Judge Advocates specified in subsection (e), shall provide to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of the development of the plans required under subsections
(a)through (c).135 STAT. 1714
(2)Definition.Covered period.—In this subsection, the term “**covered period**” means the period beginning on the date of the enactment of this Act and ending on the date that is one year after the date of the enactment of this Act.
(e)Judge Advocates Specified.—The Judge Advocates specified in this subsection are the following:(1) The Judge Advocate General of the Army.
(2)The Judge Advocate General of the Navy.
(3)The Judge Advocate General of the Air Force.
(4)The Staff Judge Advocate to the Commandant of the Marine Corps.
(5)The Judge Advocate General of the Coast Guard. SEC. 548. [10 USC note](/us/usc/t10)prec. 1501.DETERMINATION AND REPORTING OF MEMBERS MISSING, ABSENT UNKNOWN, ABSENT WITHOUT LEAVE, AND DUTY STATUS-WHEREABOUTS UNKNOWN.(a) Comprehensive Review of Missing Persons Reporting.—The Secretary of Defense shall instruct each Secretary of a military department to perform a comprehensive review of the policies and procedures of the military department concerned to determine and report a member of an Armed Force under the jurisdiction of such Secretary of a military department as missing, absent unknown, absent without leave, or duty status-whereabouts unknown.
(b)Review of Installation-level Procedures.—In addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), each Secretary of a military department shall, with regard to the military department concerned—(1) direct each commander of a military installation, including any tenant command or activity present on such military installation, to review policies and procedures for carrying out the determination and reporting activities described in subsection (a); and
(2)Updates.update such installation-level policies and procedures, including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting at the earliest practicable time to local law enforcement (at all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown.
(c)Installation-specific Reporting Protocols.—(1) In general.—Each commander of a military installation shall establish a protocol applicable to all persons and organizations present on the military installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown.Notification. The protocol shall provide for the immediate entry regarding the member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a member assigned to such installation has been determined 135 STAT. 1715 to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown.
(2)Reporting to military installation command.—Each commander of a military installation shall submit the protocol established pursuant to paragraph
(1)to the Secretary of the military department concerned.
(d)Report Regarding National Guard.—Not later than June 1, 2022, the Secretary of Defense shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard.Recommenda-tions.Timeline.Determination. Such report shall include recommendations of the Secretary, including a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible. SEC. 549. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION AND RESPONSE.(a) Delegation of Authority to Authorize Exceptional Eligibility for Certain Benefits.—Paragraph
(4)of [section 1059(m) of title 10, United States Code](/us/usc/t10/s1059/m), is amended to read as follows:"“(4)(A) Except as provided in subparagraph (B), the authority of the Secretary concerned under paragraph
(1)may not be delegated. “(B) Time period.During the two year period following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the authority of the Secretary concerned under paragraph
(1)may be delegated to an official at the Assistant Secretary-level or above.Reports. Any exercise of such delegated authority shall be reported to the Secretary concerned on a quarterly basis.” ".
(b)Extension of Requirement for Annual Family Advocacy Program Report Regarding Child Abuse and Domestic Violence.—Section 574(a) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2141](/us/stat/130/2141)) is amended by striking “April 30, 2021” and inserting “April 30, 2026”.
(c)[10 USC 1781 note](/us/usc/t10/s1781).Implementation of Comptroller General Recommendations.—(1) Consultations.In general.—Consistent with the recommendations set forth in the report of the Comptroller General of the United States titled “Domestic Abuse: Actions Needed to Enhance DOD’s Prevention, Response, and Oversight” (GAO–21–289), the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out the activities specified in subparagraphs
(A)through (K).(A) Deadline.Domestic abuse data.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall carry out each of the following:(i) Issue guidance to the Secretaries of the military departments to clarify and standardize the process for collecting and reporting data on domestic abuse in the Armed Forces, including—(I) data on the numbers and types of domestic abuse incidents involving members of the Armed Forces; and135 STAT. 1716
(II)data for inclusion in the reports required to be submitted under section 574 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2141](/us/stat/130/2141)).
(ii)Develop a quality control process to ensure the accurate and complete reporting of data on allegations of abuse involving a member of the Armed Forces, including allegations of abuse that do not meet the Department of Defense definition of domestic abuse.
(iii)Expand the scope of any reporting to Congress that includes data on domestic abuse in the Armed Forces to include data on and analysis of the types of allegations of domestic abuse.
(B)Domestic violence and command action data.—Not later Deadline.than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall—(i) Evaluation.evaluate the organizations and elements of the Department of Defense that are responsible for tracking domestic violence incidents and the command actions taken in response to such incidents to determine if there are actions that may be carried out to—(I) eliminate gaps and redundancies in the activities of such organizations;
(II)ensure consistency in the approaches of such organizations to the tracking of such incidents and actions; and
(III)otherwise improve the tracking of such incidents and actions across the Department;
(ii)based on the evaluation under clause (i), clarify or adjust—(I) the duties of such organizations and elements; and
(II)the manner in which such organizations and elements coordinate their activities; and
(iii)issue guidance to the Secretaries of the military departments to clarify and standardize the information required to be collected and reported to the database on domestic violence incidents under [section 1562 of title 10, United States Code](/us/usc/t10/s1562).
(C)Regulations for violation of civilian orders of protection.—The Notice.Secretary of Defense shall revise or issue regulations (as applicable) to ensure that each Secretary of a military department provides, to any member of the Armed Forces under the jurisdiction of such Secretary who is subject to a civilian order of protection, notice that the violation of such order may be punishable under [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice).
(D)Agreements with civilian victim service organizations.—(i) Memorandum.Guidance required.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance pursuant to which personnel of a Family Advocacy Program at a military installation may enter into memoranda 135 STAT. 1717 of understanding with qualified civilian victim service organizations for purposes of providing services to victims of domestic abuse in accordance with clause (ii).
(ii)Determination.Contents of agreement.—A memorandum of understanding entered into under clause
(i)shall provide that personnel of a Family Advocacy Program at a military installation may refer a victim of domestic abuse to a qualified civilian victim service organization if such personnel determine that—(I) the services offered at the installation are insufficient to meet the victim’s needs; or
(II)such a referral would otherwise benefit the victim.
(E)Screening and reporting of initial allegations.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a standardized process—(i) to ensure consistency in the manner in which allegations of domestic abuse are screened and documented at military installations, including by ensuring that allegations of domestic abuse are documented regardless of the severity of the incident; and
(ii)to ensure consistency in the form and manner in which such allegations are presented to Incident Determination Committees.
(F)Implementation and oversight of incident determination committees.—(i) Implementation.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall ensure that Incident Determination Committees are fully implemented within each Armed Force.
(ii)Oversight and monitoring.—The Secretary of Defense shall—(I) direct the Under Secretary of Defense for Personnel and Readiness to conduct oversight of the activities of the Incident Determination Committees of the Armed Forces on an ongoing basis; and
(II)establish a formal process through which the Under Secretary will monitor Incident Determination Committees to ensure that the activities of such Committees are conducted in an consistent manner in accordance with the applicable policies of the Department of Defense and the Armed Forces.
(G)Reasonable suspicion standard for incident reporting.—Not Deadline.Regulations.later than 90 days after the date of the enactment of the Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations—(i) Requirement.under which the personnel of a Family Advocacy Program shall be required to report an allegation of domestic abuse to an Incident Determination Committee if there is reasonable suspicion that the abuse occurred; and135 STAT. 1718
(ii)that fully define and establish standardized criteria for determining whether an allegation of abuse meets the reasonable suspicion standard referred to in clause (i).
(H)Guidance for victim risk assessment.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance that—(i) identifies the risk assessment tools that must be used by Family Advocacy Program personnel to assess reports of domestic abuse; and
(ii)establishes minimum qualifications for the personnel responsible for using such tools.
(I)Improving family advocacy program awareness campaigns.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement—(i) Strategy.a communications strategy to support the Armed Forces in increasing awareness of the options and resources available for reporting incidents of domestic abuse; and
(ii)metrics to evaluate the effectiveness of domestic abuse awareness campaigns within the Department of Defense and the Armed Forces, including by identifying a target audience and defining measurable objectives for such campaigns.
(J)Assessment of the disposition model for domestic violence.—As part of the independent analysis required by section 549C of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) the Secretary of Defense shall include an assessment of—(i) Effective date.the risks and consequences of the disposition model for domestic violence in effect as of the date of the enactment of this Act, including the risks and consequences of such model with respect to—(I) the eligibility of victims for transitional compensation and other benefits; and
(II)the eligibility of perpetrators of domestic violence to possess firearms and any related effects on the military service of such individuals; and
(ii)the feasibility and advisability of establishing alternative disposition models for domestic violence, including an assessment of the advantages and disadvantages of each proposed model.
(K)Family advocacy program training.—(i) Training for commanders and senior enlisted advisors.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—(I) ensure that the Family Advocacy Program training provided to installation-level commanders and senior enlisted advisors of the Armed Forces meets the applicable requirements of the Department of Defense; and
(II)shall provide such additional guidance and sample training materials as may be necessary to improve the consistency of such training.135 STAT. 1719
(ii)Requirements.Training for chaplains.—The Secretary of Defense shall—(I) require that chaplains of the Armed Forces receive Family Advocacy Program training;
(II)establish content requirements and learning objectives for such training; and
(III)provide such additional guidance and sample training materials as may be necessary to effectively implement such training.
(iii)Training completion data.—The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a process to ensure the quality and completeness of data indicating whether members of the Armed Forces who are required to complete Family Advocacy Program training, including installation-level commanders and senior enlisted advisors, have completed such training.
(2)Deadline.General implementation date.—Except as otherwise provided in paragraph (1), the Secretary of Defense shall complete the implementation of the activities specified in such paragraph by not later than one year after the date of the enactment of this Act.
(3)Deadline.Quarterly status briefing.—Not later than 90 days after the date of the enactment of this Act and on a quarterly basis thereafter until the date on which all of the activities specified in paragraph
(1)have been implemented, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of such activities.
(d)Information on Services for Military Families.—Each Secretary of a military department shall ensure that a military family member who reports an incident of domestic abuse or child abuse and neglect to a Family Advocacy Program under the jurisdiction of such Secretary receives comprehensive information, in a clear and easily understandable format, on the services available to such family member in connection with such incident. Such information shall include a complete guide to the following:(1) The Family Advocacy Program of the Armed Force or military department concerned.
(2)Military law enforcement services, including an explanation of the process that follows a report of an incident of domestic abuse or child abuse or neglect.
(3)Other applicable victim services.
(e)Reports on Staffing Levels for Family Advocacy Programs.—(1) Time period.In general.—Not later than 180 days after the date on which the staffing tool described in paragraph
(2)becomes operational, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the appropriate congressional committees a report setting forth the following:(A) Military, civilian, and contract support staffing levels for the Family Advocacy Programs of the Armed Forces at each military installation so staffed as of the date of the report.135 STAT. 1720
(B)Recommenda-tions.Recommendations for ideal staffing levels for the Family Advocacy Programs, as identified by the staffing tool.
(2)Staffing tool described.—The staffing tool described in this paragraph is a tool that will be used to assist the Department in determining adequate staffing levels for Family Advocacy Programs.
(3)Comptroller general review.—(A) In general.—Following the submission of the first annual report required under paragraph (1), the Comptroller General of the United States shall conduct a review of the staffing of the Family Advocacy Programs of the Armed Forces.
(B)Assessments.Elements.—The review conducted under subparagraph
(A)shall include an assessment of each of the following:(i) The extent to which the Armed Forces have filled authorized billets for Family Advocacy program manager, clinician, and victim advocate positions.
(ii)The extent to which the Armed Forces have experienced challenges filling authorized Family Advocacy Program positions, and how such challenges, if any, have affected the provision of services.
(iii)The extent to which the Department of Defense and Armed Forces have ensured that Family Advocacy Program clinicians and victim advocates meet qualification and training requirements.
(iv)The extent to which the Department of Defense has established metrics to evaluate the effectiveness of the staffing tool described in paragraph (2).
(C)Briefing and report.—(i) Deadline.Briefing.—Not later than one year following the submission of the first annual report required under paragraph (1), the Comptroller General shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the preliminary observations made by the Comptroller General as part of the review required under subparagraph (A).
(ii)Report.—Not later than 90 days after the date of the briefing under clause (i), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the review conducted under subparagraph (A).
(f)Study and Briefing on Initial Entry Points.—(1) Study.—The Secretary of Defense shall conduct a study to identify initial entry points (including anonymous entry points) through which military family members may seek information or support relating to domestic abuse or child abuse and neglect.Assessments. Such study shall include an assessment of—(A) points at which military families interact with the Armed Forces or the Department of Defense through which such information or support may be provided to family members, including points such as enrollment in the Defense Enrollment Eligibility Reporting System, and the issuance of identification cards; and135 STAT. 1721
(B)other existing and potential routes through which such family members may seek information or support from the Armed Forces or the Department, including online chat rooms, text-based support capabilities, and software applications for smartphones.
(2)Deadline.Briefing.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing setting forth the results of the study conducted under paragraph (1).
(g)[10 USC 1781 note](/us/usc/t10/s1781).Definitions.—In this section:(1) The term “**appropriate congressional committees**” means the Committees on Armed Services of the Senate and the House of Representatives.
(2)The term “**civilian order of protection**” has the meaning given that term in [section 1561a of title 10, United States Code](/us/usc/t10/s1561a).
(3)The term “**disposition model for domestic violence**” means the process to determine—(A) the disposition of charges of an offense of domestic violence under [section 928b of title 10, United States Code](/us/usc/t10/s928b) (article 128b of the Uniform Code of Military Justice); and
(B)consequences of such disposition for members of the Armed Forces determined to have committed such offense and the victims of such offense.
(4)The term “**Incident Determination Committee**” means a committee established at a military installation that is responsible for reviewing reported incidents of domestic abuse and determining whether such incidents constitute harm to the victims of such abuse according to the applicable criteria of the Department of Defense.
(5)The term “**qualified civilian victim service organization**” means an organization outside the Department of Defense that—(A) is approved by the Secretary of Defense for the purpose of providing legal or other services to victims of domestic abuse; and
(B)is located in a community surrounding a military installation.
(6)The term “**risk assessment tool**” means a process or technology that may be used to evaluate a report of an incident of domestic abuse to determine the likelihood that the abuse will escalate or recur. SEC. 549A. [10 USC note](/us/usc/t10)prec. 1561.ANNUAL PRIMARY PREVENTION RESEARCH AGENDA.(a) Effective date.Time period.Publication.In General.—Beginning on October 1, 2022, and annually on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse.
(b)Elements.—Each annual primary prevention research agenda published under subsection
(a)shall—(1) identify research priorities for that fiscal year;135 STAT. 1722
(2)Determination.assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate;
(3)allocate or direct the allocation of appropriate resourcing for each such project and task; and
(4)be directive in nature and enforceable across all components of the Department of Defense, including with regard to—(A) Records.Data.providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task;
(B)ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and
(C)Determination.any other matter determined by the Secretary of Defense.
(c)Guiding Principles.—The primary prevention research agenda should, as determined by the Secretary of Defense—(1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense;
(2)be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence;
(3)incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, federally funded research and development centers, non-profit organizations, and other organizations outside of the Department of Defense; and
(4)minimize unnecessary duplication of effort.
(d)Budgeting.—The Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda. SEC. 549B. [10 USC note](/us/usc/t10)prec. 501.PRIMARY PREVENTION WORKFORCE.(a) Establishment.—The Secretary of Defense shall establish a Primary Prevention Workforce to provide a comprehensive and integrated program across the Department of Defense enterprise for the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse.
(b)Primary Prevention Workforce Model.—(1) Reports.In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense.
(2)Elements.—The model required under paragraph
(1)shall include the following elements:(A) A description of Primary Prevention Workforce roles, responsibilities, and capabilities, including—135 STAT. 1723(i) the conduct of research and analysis;
(ii)advising all levels of military commanders and leaders;
(iii)designing and writing strategic and operational primary prevention policies and programs;
(iv)integrating and analyzing data; and
(v)implementing, evaluating, and adapting primary prevention programs and activities, to include developing evidence-based training and education programs for Department personnel that is appropriately tailored by rank, occupation, and environment.
(B)The design and structure of the Primary Prevention Workforce, including—(i) consideration of military, civilian, and hybrid manpower options;
(ii)the comprehensive integration of the workforce from strategic to tactical levels of the Department of Defense and its components; and
(iii)mechanisms for individuals in workforce roles to report to and align with installation-level and headquarters personnel.
(C)Strategies.Plans.Strategies, plans, and systematic approaches for recruiting, credentialing, promoting, and sustaining the diversity of work force roles comprising a professional workforce dedicated to primary prevention.
(D)The creation of a professional, primary prevention credential that standardizes a common base of education and experience across the prevention workforce, coupled with knowledge development and skill building requirements built into the career cycle of prevention practitioners such that competencies and expertise increase over time.
(E)Determination.Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate and complete model of the Primary Prevention Workforce.
(c)Reports.—(1) In general.—Not later than one year after the date of the enactment of this Act, the Secretaries of the military departments and the Chief of the National Guard Bureau each shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing how the military services and the National Guard, as applicable, will adapt and implement the primary prevention workforce model set forth in the report required under subsection (b).
(2)Elements.—Each report submitted under subsection
(a)shall include a description of—(A) expected milestones to implement the prevention workforce in the component at issue;
(B)challenges associated with implementation of the workforce and the strategies for addressing such challenges; and
(C)additional authorities that may be required to optimize implementation and operation of the workforce.
(d)Operating Capability Deadline.—The Primary Prevention Workforce authorized under this section shall attain initial operating capability in each military department and military service 135 STAT. 1724 and in the National Guard by not later than the effective date specified in section 539C. SEC. 549C. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS.(a) Deadline.Evaluation and Plan for Reform.—Not later than one year after the date of the enactment of this Act, each Secretary concerned shall—(1) complete an evaluation of the effectiveness of the military criminal investigative organization under the jurisdiction of such Secretary: and
(2)Reports.submit to the appropriate congressional committees a report that includes—(A) the results of the evaluation conducted under paragraph (1); and
(B)Determination.Proposal.based on such results, if the Secretary determines that reform to the military criminal investigative organization under the jurisdiction of such Secretary is advisable, a proposal for reforming such organization to ensure that the organization effectively meets the demand for complex investigations and other emerging mission requirements.
(b)Implementation Plan.—(1) Deadline.Determination.In general.—Not later than two years after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a plan to implement, to the extent determined appropriate by such Secretary, the reforms to the military criminal investigative organization proposed by such Secretary under subsection
(a)to ensure that such organization is capable of professionally investigating criminal misconduct under its jurisdiction.
(2)Elements.—Each plan under paragraph
(1)shall include, with respect to the military criminal investigative organization under the jurisdiction of the Secretary concerned, the following:(A) Requirements.The requirements that such military criminal investigative organization must meet to effectively carry out criminal investigative and other law enforcement missions in 2022 and subsequent years.
(B)The resources that will be needed to ensure that each such military criminal investigative organization can achieve its mission.
(C)Analysis.An analysis of factors affecting the performance of such military criminal investigate organization, including—(i) whether appropriate technological investigative tools are available and accessible to such organization; and
(ii)whether the functions of such organization would be better supported by civilian rather than military leadership.
(D)For each such military criminal investigative organization—(i) the number of military personnel assigned to the organization;
(ii)the number of civilian personnel assigned to the organization; and135 STAT. 1725
(iii)the functions of such military and civilian personnel.
(E)Plans.A description of any plans of the Secretary concerned to develop a more professional workforce of military and civilian investigators.
(F)Timeline.A proposed timeline for the reform of such military investigative organization.
(G)An explanation of the potential benefits of such reforms, including a description of—(i) specific improvements that are expected to result from the reforms; and
(ii)whether the reforms will improve information sharing across military criminal investigative organizations.
(H)With respect to the military criminal investigative organization of the Army, an explanation of how the plan will—(i) address the findings of the report of the Fort Hood Independent Review Committee, dated November 6, 2020; and
(ii)coordinate with any other internal reform efforts of the Army.
(c)Limitation on the Changes to Training Locations.—In carrying out this section, the Secretary concerned may not change the locations at which military criminal investigative training is provided to members of the military criminal investigative organization under the jurisdiction of such Secretary until—(1) the implementation plan under subsection
(b)is submitted to the appropriate congressional committees; and
(2)Time period.Notification.a period of 60 days has elapsed following the date on which the Secretary notifies the appropriate congressional committees of the Secretary’s intent to move such training to a different location.
(d)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and
(B)the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
(2)The term “**military criminal investigative organization**” means each organization or element of the Department of Defense or the Armed Forces that is responsible for conducting criminal investigations, including—(A) the Army Criminal Investigation Command;
(B)the Naval Criminal Investigative Service;
(C)the Air Force Office of Special Investigations;
(D)the Coast Guard Investigative Service; and
(E)the Defense Criminal Investigative Service.
(3)The term “**Secretary concerned**” means—(A) the Secretary of the Army, with respect to the Army Criminal Investigation Command;
(B)the Secretary of the Navy, with respect to the Naval Criminal Investigative Service;135 STAT. 1726
(C)the Secretary of the Air Force, with respect to the Air Force Office of Special Investigations;
(D)the Secretary of Homeland Security, with respect to the Coast Guard Investigative Service; and
(E)the Secretary of Defense, with respect to the Defense Criminal Investigative Service. SEC. 549D. [10 USC 827 note](/us/usc/t10/s827).MILITARY DEFENSE COUNSEL. Each Secretary of a military department shall—(1) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, pre-trial and post-trial support, paralegal support, counsel travel, and other necessary resources;
(2)ensure that military defense counsel detailed to represent a member of the Armed Forces accused of a covered offense (as defined in [section 801(17) of title 10, United States Code](/us/usc/t10/s801/17) (article 1(17) of the Uniform Code of Military Justice), as added by section 533 of this Act) are well-trained and experienced, highly skilled, and competent in the defense of cases involving covered offenses; and
(3)take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice. SEC. 549E. Deadline.[10 USC 946 note](/us/usc/t10/s946).FULL FUNCTIONALITY OF MILITARY JUSTICE REVIEW PANEL. Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of the Military Justice Review Panel established pursuant to [section 946 of title 10, United States Code](/us/usc/t10/s946) (article 146 of the Uniform Code of Military Justice)). SEC. 549F. MILITARY SERVICE INDEPENDENT RACIAL DISPARITY REVIEW.(a) Assessment.Review Required.—Each Secretary of a military department shall conduct an assessment of racial disparity in military justice and discipline processes and military personnel policies, as they pertain to minority populations.
(b)Recommenda-tions.Determination.Report Required.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned determines appropriate.
(c)Comptroller General Report.—Not later than 180 days after receiving the reports submitted under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report comparing the military service assessments on racial disparity conducted under subsection
(a)to existing reports assessing racial disparity in civilian criminal justice systems in the United States.
(d)Definitions.—In this section:(1) Military justice; discipline processes.—The terms “military justice” and “discipline processes” refer to all facets of the military justice system, including investigation, the use 135 STAT. 1727 of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial confinement, the use of solitary confinement, dispositions of courts-martial, sentencing, and post-trial processes.
(2)Military personnel policies.—The term “**military personnel policies**” includes accession rates and policies, retention rates and policies, promotion rates, assignments, professional military education selection and policies, and career opportunity for minority members of the Armed Forces.
(3)Minority populations.—The term “**minority populations**” includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations. SEC. 549G. INCLUSION OF RACE AND ETHNICITY IN ANNUAL REPORTS ON SEXUAL ASSAULTS; REPORTING ON RACIAL AND ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE SYSTEM.(a) Annual Reports on Racial and Ethnic Demographics in the Military Justice System.—(1) In general.—[Chapter 23 of title 10, United States Code](/us/usc/t10/ch23), is amended by inserting after section 485 the following new section:"“§ 486.[10 USC 486](/us/usc/t10/s486). Annual reports on racial and ethnic demographics in the military justice system“(a) In General.—Not later than March 1 of each year, the Secretary of each military department shall submit to the Secretary of Defense a report on racial, ethnic, and sex demographics in the military justice system during the preceding year. In the case of the Secretary of the Navy, separate reports shall be prepared for the Navy and for the Marine Corps. In the case of the Secretary of the Air Force, separate reports shall be prepared for the Air Force and for the Space Force. “(b) Contents.—The report of a Secretary of a military department for an armed force under subsection
(a)shall contain, to the extent possible, statistics on offenses under chapter 47 of this title (the Uniform Code of Military Justice), during the year covered by the report, including—“(1) the number of offenses in the armed force that were reported to military officials, disaggregated by—“(A) statistical category as related to the victim; and “(B) statistical category as related to the principal; “(2) the number of offenses in the armed forces that were investigated, disaggregated by statistical category as related to the principal; “(3) the number of offenses in which administrative action was imposed, disaggregated by statistical category as related to the principal and each type of administrative action imposed; “(4) the number of offenses in which non judicial punishment was imposed under section 815 of this title (article 15 of the Uniform Code of Military Justice), disaggregated by statistical category as related to the principal; “(5) the number of offenses in which charges were preferred, disaggregated by statistical category as related to the principal; “(6) the number of offenses in which charges were referred to court-martial, disaggregated by statistical category as related to the principal and type of court-martial;135 STAT. 1728 “(7) the number of offenses which resulted in conviction at court-martial, disaggregated by statistical category as related to the principal and type of court-martial; and “(8) the number of offenses which resulted in acquittal at court-martial, disaggregated by statistical category as related to the principal and type of court-martial. “(c) Submission to Congress.—Not later than April 30 of each year in which the Secretary of Defense receives reports under subsection (a), the Secretary of Defense shall forward the reports to the Committees on Armed Services of the Senate and the House of Representatives. “(e) Definitions.—In this section:“(1) The term ‘**statistical category**’ means each of the following categories:“(A) race; “(B) sex; “(C) ethnicity; “(D) rank; and “(E) offense enumerated under chapter 47 of this title (the Uniform Code of Military Justice). “(2) The term ‘**principal**’ has the meaning given that term in section 877 of this title (article 77 of the Uniform Code of Military Justice).” ".
(2)Clerical amendment.—The table of sections at the beginning of chapter 23 of such title[10 USC ](/us/usc/t10)prec. 480. is amended by inserting after the item relating to section 485 the following new item:" “486. Annual reports on racial and ethnic demographics in the military justice system.”. "
(b)[10 USC 1561 note](/us/usc/t10/s1561).Policy Required.—(1) Deadline.Requirement.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe a policy requiring information on the race and ethnicity of accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ([Public Law 111–383](/us/pl/111/383); [10 U.S.C. 1561 note](/us/usc/t10/s1561)).
(2)Determination.Exclusion.—The policy prescribed under paragraph
(1)may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary.
(3)Publicly available.—The Secretary of Defense shall make publicly available the information described in paragraph (1), subject to the exclusion of such information pursuant to paragraph (2).
(4)Sunset.—The requirements of this subsection shall terminate on May 1, 2028. SEC. 549H. DOD SAFE HELPLINE AUTHORIZATION TO PERFORM INTAKE OF OFFICIAL RESTRICTED AND UNRESTRICTED REPORTS FOR ELIGIBLE ADULT SEXUAL ASSAULT VICTIMS. Section 584 of the National Defense Authorization Act for Fiscal Year 2012 ([Public Law 112–81](/us/pl/112/81); [10 U.S.C. 1561 note](/us/usc/t10/s1561)) is amended—(1) by redesignating subsection
(d)as subsection (e); and135 STAT. 1729
(2)by inserting after subsection
(c)the following new subsection:"“(d) Authorizations for DoD Safe Helpline.—“(1) Providing support and receiving official reports.—DoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense. “(2) Training and oversight.—DoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. “(3) Regulations.Eligibility and procedures.—The Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. “(4) Electronic receipt of official reports of adult sexual assaults.—DoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy. “(5) Types of reports.—Reports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. “(6) Option for entry into the catch a serial offender system.—An individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the Catch a Serial Offender system (or its successor or similar system as determined by the Secretary of Defense).” ". SEC. 549I. EXTENSION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES. Section 1631(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ([Public Law 111–383](/us/pl/111/383); [10 U.S.C. 1561 note](/us/usc/t10/s1561)) is amended by striking “through March 1, 2021” and inserting “through March 1, 2026”. SEC. 549J. STUDY AND REPORT ON SEXUAL ASSAULT RESPONSE COORDINATOR MILITARY OCCUPATIONAL SPECIALTY.(a) Deadline.Determination.Study.—Beginning not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a personnel study to determine—(1) the feasibility and advisability of creating a military occupational speciality for Sexual Assault Response Coordinators; and135 STAT. 1730
(2)if determined to be feasible and advisable, the optimal approach to establishing and maintaining such a military occupational speciality.
(b)Report and Briefing.—(1) Report.—Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).
(2)Deadline.Briefing.—Not later than 30 days after the date on which the report is submitted under paragraph (1), the Secretary of Defense shall provide to the congressional defense committees a briefing on the results of the study conducted under subsection (a).
(c)Elements.—The report and briefing under subsection
(b)shall include the following:(1) Determination.The determination of the Secretary of Defense as to whether creating a military occupational speciality for Sexual Assault Response Coordinators is feasible and advisable.
(2)Determination.Analyses.If the Secretary determines that the creation of such a specialty is feasible and advisable—(A) Recommenda-tions.a recommendation on the rank and level of experience required for a military occupational speciality for Sexual Assault Response Coordinators;
(B)Recommenda-tions.recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under subparagraph (A), including recommendations with respect to—(i) designating Sexual Assault Response Coordinators as a secondary military occupational speciality instead of a primary military occupational speciality;
(ii)providing initial or recurrent bonuses or duty stations of choice to members who qualify for the military occupational speciality for Sexual Assault Response Coordinators;
(iii)limiting the amount of time that a member who has qualified for such military occupational speciality can serve as a Sexual Assault Response Coordinator in a given period; or
(iv)requiring evaluations, completed by an officer in the rank of O–6 or higher, for members who have qualified for such military occupational speciality and are serving as a Sexual Assault Response Coordinator;
(C)Recommenda-tions.recommendations for standardizing training and education for members of the Armed Forces seeking a military occupational speciality for Sexual Assault Response Coordinators or those serving as a Sexual Assault Response Coordinator, including by establishing dedicated educational programs for such members within each Armed Force;
(D)an analysis of the impact of a military occupational speciality for Sexual Assault Response Coordinators on the personnel management of the existing Sexual Assault Response Coordinator program, including recruitment and retention;
(E)an analysis of the requirements for a Sexual Assault Response Coordinator-specific chain of command;135 STAT. 1731
(F)analysis of the costs of establishing and maintaining a military occupational speciality for Sexual Assault Response Coordinators;
(G)analysis of the potential impacts of a military occupational specialty for Sexual Assault Response Coordinators on the mental health of personnel within the specialty; and
(H)Determination.any other matters the Secretary of Defense determines relevant for inclusion. SEC. 549K. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE. Section 554(a) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 141 note](/us/usc/t10/s141). is amended—(1) in the section heading, by striking “deputy” and inserting “assistant”;
(2)in paragraph (1)—(A) in the matter preceding subparagraph (A)—(i) by striking “Secretary of Defense” and inserting “Inspector General of the Department of Defense”; and
(ii)by striking “Deputy” and inserting “Assistant”;
(B)in subparagraph (A), by striking “of the Department”; and
(C)in subparagraph (B), by striking “report directly to and serve” and inserting “be”;
(3)in paragraph (2)—(A) in the matter preceding clause
(i)of subparagraph (A)—(i) by striking “Conducting and supervising” and inserting “Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of”; and
(ii)by striking “evaluations” and inserting “inspections,”;
(B)in clause
(ii)of subparagraph (A), by striking “, including the duties of the Inspector General under subsection (b)”; and
(C)in subparagraph (B), by striking “Secretary or”;
(4)in paragraph (3)(A) in the matter preceding subparagraph (A), by striking “Deputy” and inserting “Assistant”;
(5)in paragraph (4)—(A) in subparagraph (A), by striking “Deputy” each place it appears and inserting “Assistant”;
(B)in subparagraph (B)—(i) by striking “Deputy” the first place it appears;
(ii)by striking “and the Inspector General”;
(iii)by striking “Deputy” the second place it appears and inserting “Assistant”; and
(iv)by inserting before the period at the end the following: “, for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 ([5 U.S.C. App.](/us/usc/t5/app)).”;
(C)in subparagraph (C)—(i) by striking “Deputy”; and
(ii)by striking “and Inspector General”;
(D)in subparagraph (D)—135 STAT. 1732(i) by striking “Deputy”;
(ii)by striking “and the Inspector General”;
(iii)by striking “Secretary or”; and
(iv)by striking “direct” and inserting “determine”; and
(E)in subparagraph (E)—(i) by striking “Deputy”; and
(ii)by striking “of the Department” and all that follows through “Representatives” and inserting “consistent with the requirements of the Inspector General Act of 1978 ([5 U.S.C. App.](/us/usc/t5/app)).”. SEC. 549L. IMPROVED DEPARTMENT OF DEFENSE PREVENTION OF, AND RESPONSE TO, BULLYING IN THE ARMED FORCES. Section 549 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 113 note](/us/usc/t10/s113)) is amended—(1) in the section heading, by inserting “and bullying” after “hazing”;
(2)in subsection (a)—(A) in the heading, by inserting “and anti-bullying” after “Anti-hazing”; and
(B)by inserting “or bullying” after “hazing” both places it appears;
(3)in subsection (b), by inserting “and bullying” after “hazing”; and
(4)in subsection (c)—(A) in the heading, by inserting “and bullying” after “hazing”;
(B)in paragraph (1)—(i) in the matter preceding subparagraph (A)—(I) by striking “January 31 of each year through January 31, 2021” and inserting “May 31, 2023, and annually thereafter for five years,”; and
(II)by striking “each Secretary of a military department, in consultation with the Chief of Staff of each Armed Force under the jurisdiction of such Secretary,” and inserting “the Secretary of Defense”;
(ii)in subparagraph (A), by inserting “or bullying” after “hazing”; and
(iii)in subparagraph (C), by inserting “and anti-bullying” after “anti-hazing”; and
(C)in amending paragraph
(2)to read as follows:"“(2) Additional elements.—Each report required by this subsection shall include the following:“(A) A description of comprehensive data-collection systems of each Armed Force described in subsection
(b)and the Office of the Secretary of Defense for collecting hazing or bullying reports involving a member of the Armed Forces. “(B) A description of processes of each Armed Force described in subsection
(b)to identify, document, and report alleged instances of hazing or bullying. Such description shall include the methodology each such Armed Force uses to categorize and count potential instances of hazing or bullying.135 STAT. 1733 “(C) Assessment.An assessment by each Secretary of a military department of the quality and need for training on recognizing and preventing hazing and bullying provided to members under the jurisdiction of such Secretary. “(D) Assessment.An assessment by the Office of the Secretary of Defense of—“(i) the effectiveness of each Armed Force described in subsection
(b)in tracking and reporting instances of hazing or bullying; “(ii) whether the performance of each such Armed Force was satisfactory or unsatisfactory in the preceding fiscal year. “(E) Recommenda-tions.Recommendations of the Secretary to improve—“(i) elements described in subparagraphs
(A)through (D). “(ii) the Uniform Code of Military Justice or the Manual for Courts-Martial to improve the prosecution of persons alleged to have committed hazing or bullying in the Armed Forces. “(F) The status of efforts of the Secretary to evaluate the prevalence of hazing and bullying in the Armed Forces. “(G) Data.Data on allegations of hazing and bullying in the Armed Forces, including final disposition of investigations. “(H) Plans.Plans of the Secretary to improve hazing and bullying prevention and response during the next reporting year.” ". SEC. 549M. Reports.RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN THE UNIFORM CODE OF MILITARY JUSTICE ON VIOLENT EXTREMISM. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in [chapter 47 of title 10, United States Code](/us/usc/t10/ch47) (the Uniform Code of Military Justice), on violent extremism. SEC. 549N. COMBATING FOREIGN MALIGN INFLUENCE. Section 589E of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC note](/us/usc/t10)prec. 2001. is amended—(1) by striking subsections
(d)and (e); and
(2)by inserting after subsection
(c)the following new subsections:"“(d) Deadline.Establishment of Working Group.—(1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows:“(A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums.135 STAT. 1734 “(B) Coordination.In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy. “(C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b). “(2) Consultation.The official designed under subsection
(b)and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to [section 3059 of title 50, United States Code](/us/usc/t50/s3059). “(e) Report Required.—Not later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section. “(f) Definitions.—In this section:“(1) Foreign malign influence.—The term ‘**foreign malign influence**’ has the meaning given that term in section 119C of the National Security Act of 1947 ([50 U.S.C. 3059](/us/usc/t50/s3059)). “(2) Covered foreign country.—The term ‘**covered foreign country**’ has the meaning given that term in section 119C of the National Security Act of 1947 ([50 U.S.C. 3059](/us/usc/t50/s3059)) “(3) Information literacy.—The term ‘**information literacy**’ means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images).” ". Subtitle F—Member Education, Training, and Transition SEC. 551. TROOPS-TO-TEACHERS PROGRAM.(a) Requirement to Carry Out Program.—[Section 1154(b) of title 10, United States Code](/us/usc/t10/s1154/b), is amended by striking “may” and inserting “shall”.
(b)Reporting Requirement.—[Section 1154 of title 10, United States Code](/us/usc/t10/s1154), is amended—(1) by redesignating subsection
(i)as subsection (j); and
(2)by inserting after subsection
(h)the following new subsection:"“(i) Annual Report.—(1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program. “(2) The report required under paragraph
(1)shall include the following elements:“(A) The total cost of the Program for the most recent fiscal year. “(B) The total number of teachers placed during such fiscal year and the locations of such placements.135 STAT. 1735 “(C) Assessment.An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies. “(3) Definition.In this subsection, the term ‘**appropriate congressional committees**’ means—“(A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and “(B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives.” ".
(c)Sunset.—[Section 1154 of title 10, United States Code](/us/usc/t10/s1154), as amended by subsection (b), is further amended by adding at the end the following new subsection:"“(k) Sunset.—The Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section.” ". SEC. 552. CODIFICATION OF HUMAN RELATIONS TRAINING FOR CERTAIN MEMBERS OF THE ARMED FORCES.(a) In General.—[Chapter 101 of title 10, United States Code](/us/usc/t10/ch101), is amended by inserting before section 2002 the following new section:"“§ 2001.[10 USC 2001](/us/usc/t10/s2001). Human relations training“(a) Human Relations Training.—(1)(A) The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the armed forces under the jurisdiction of the Secretary. “(B) Matters covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to hate group activity. “(C) Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter. “(2) The Secretary of Defense shall ensure that a unit commander is aware of the responsibility to ensure that impermissible activity, based upon discriminatory motives, does not occur in a unit under the command of such commander. “(b) Information Provided to Prospective Recruits.—The Secretary of Defense shall ensure that—“(1) each individual preparing to enter an officer accession program or to execute an original enlistment agreement is provided information concerning the meaning of the oath of office or oath of enlistment for service in the armed forces in terms of the equal protection and civil liberties guarantees of the Constitution; and “(2) each such individual is informed that if supporting such guarantees is not possible personally for that individual, then that individual should decline to enter the armed forces.” ".
(b)Technical and Conforming Amendments.—(1) Technical amendment.—The table of sections at the beginning of such chapter10 USCprec. 2001. is amended by inserting before the item relating to section 2002 the following new item:" “2001. Human relations training.”. "135 STAT. 1736
(2)Repeal.Conforming amendment.—Section 571 of the National Defense Authorization Act for Fiscal Year 1997 ([Public Law 104–201](/us/pl/104/201); [10 U.S.C. 113 note](/us/usc/t10/s113)) is repealed.
(c)Deadline.Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding—(1) implementation of section 2001 of such title, as added by subsection (a); and
(2)Determination.legislation the Secretary determines necessary to complete such implementation. SEC. 553. ALLOCATION OF AUTHORITY FOR NOMINATIONS TO THE MILITARY SERVICE ACADEMIES IN THE EVENT OF THE DEATH, RESIGNATION, OR EXPULSION FROM OFFICE OF A MEMBER OF CONGRESS.(a) United States Military Academy.—(1) In general.—[Chapter 753 of title 10, United States Code](/us/usc/t10/ch753), is amended by inserting after section 7442 the following new section:"“§ 7442a.[10 USC 7442a](/us/usc/t10/s7442a). Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate“(a) Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 7442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. “(b) Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 7442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. “(c) Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 7442 of this title.” ".
(2)Clerical amendment.—The table of sections at the beginning of chapter 753 of such title[10 USC ](/us/usc/t10)prec. 7431. is amended by inserting after the item relating to section 7442 the following new item:" “7442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.”. "
(b)United States Naval Academy.—135 STAT. 1737
(1)In general.—[Chapter 853 of title 10, United States Code](/us/usc/t10/ch853), is amended by inserting after section 8454 the following new section:"“§ 8454a.[10 USC 8454a](/us/usc/t10/s8454a). Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate“(a) Senators.—In the event a Senator does not submit all nominations for midshipmen allocated to such Senator for an academic year in accordance with section 8454(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative. “(b) Representatives.—In the event a Representative does not submit all nominations for midshipmen allocated to such Representative for an academic year in accordance with section 8454(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. “(c) Rule of Construction.—The nomination of a midshipman by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 8454 of this title.” ".
(2)Clerical amendment.—The table of sections at the beginning of [10 USC ](/us/usc/t10)prec. 8451.chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item:" “8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.”. "
(c)Air Force Academy.—(1) In general.—[Chapter 953 of title 10, United States Code](/us/usc/t10/ch953), is amended by inserting after section 9442 the following new section:"“§ 9442a.[10 USC 9442a](/us/usc/t10/s9442a). Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate“(a) Senators.—In the event a Senator does not submit all nominations for cadets allocated to such Senator for an academic year in accordance with section 9442(a)(3) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Senator pursuant to such section, may be made instead by the other Senator from the State of such Representative.135 STAT. 1738 “(b) Representatives.—In the event a Representative does not submit all nominations for cadets allocated to such Representative for an academic year in accordance with section 9442(a)(4) of this title, due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Representative’s successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets for such academic year, otherwise authorized to be made by the Representative pursuant to such section, may be made instead by the Senators from the State of such Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. “(c) Rule of Construction.—The nomination of a cadet by a Member of Congress pursuant to this section shall not be construed to permanently reallocate nominations under section 9442 of this title.” ".
(2)Clerical amendment.—The table of sections at the beginning of chapter10 USCprec. 9431. 953 of such title is amended by inserting after the item relating to section 9442 the following new item:" “9442a. Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate.”. "
(d)Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding implementation of the amendments under this section, including—(1) Estimate.the estimate of the Secretary regarding the frequency with which the authorities under such amendments will be used each year; and
(2)the number of times a Member of Congress has failed to submit nominations to the military academies due to death, resignation from office, or expulsion from office. SEC. 554. AUTHORITY OF PRESIDENT TO APPOINT SUCCESSORS TO MEMBERS OF BOARD OF VISITORS OF MILITARY ACADEMIES WHOSE TERMS HAVE EXPIRED.(a) United States Military Academy.—[Section 7455(b) of title 10, United States Code](/us/usc/t10/s7455/b), is amended by striking “is appointed” and inserting “is appointed by the President”.
(b)United States Naval Academy.—[Section 8468(b) of title 10, United States Code](/us/usc/t10/s8468/b), is amended by striking “is appointed” and inserting “is appointed by the President”.
(c)United States Air Force Academy.—[Section 9455(b)(1) of title 10, United States Code](/us/usc/t10/s9455/b/1), is amended by striking “is designated” and inserting “is designated by the President”.
(d)United States Coast Guard Academy.—[Section 1903(b)(2)(B) of title 14, United States Code](/us/usc/t14/s1903/b/2/B), is amended by striking “is appointed” and inserting “is appointed by the President”. SEC. 555. Time periods.MEETINGS OF THE BOARD OF VISITORS OF A MILITARY SERVICE ACADEMY: VOTES REQUIRED TO CALL; HELD IN PERSON OR REMOTELY.(a) United States Military Academy.—[Section 7455 of title 10, United States Code](/us/usc/t10/s7455), is amended by adding at the end the following new subsection:"“(i)(1) A majority of the members of the Board may call an official meeting of the Board once per year.135 STAT. 1739 “(2) A member may attend such meeting—“(A) in person, at the Academy; or “(B) remotely, at the election of such member.” ".
(b)United States Naval Academy.—[Section 8468 of title 10, United States Code](/us/usc/t10/s8468), is amended by adding at the end the following new subsection:"“(i)(1) A majority of the members of the Board may call an official meeting of the Board once per year. “(2) A member may attend such meeting—“(A) in person, at the Academy; or “(B) remotely, at the election of such member.” ".
(c)United States Air Force Academy.—[Section 9455 of title 10, United States Code](/us/usc/t10/s9455), is amended by adding at the end the following new subsection:"“(i)(1) A majority of the members of the Board may call an official meeting of the Board once per year. “(2) A member may attend such meeting—“(A) in person, at the Academy; or “(B) remotely, at the election of such member.” ". SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.(a) Authority to Award Bachelor’s Degrees.—[Section 2168 of title 10, United States Code](/us/usc/t10/s2168), is amended—(1) in the section heading, by striking “**Associate**” and inserting “**Associate or Bachelor**”; and
(2)by amending subsection
(a)to read as follows:"“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or “(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.” ".
(b)Clerical Amendment.—The table of sections at the beginning of chapter10 USCprec. 2161. 108 of [title 10, United States Code](/us/usc/t10), is amended by striking the item relating to section 2168 and inserting the following new item:" “2168. Defense Language Institute Foreign Language Center: degree of Associate or Bachelor of Arts in foreign language.”. " SEC. 557. UNITED STATES NAVAL COMMUNITY COLLEGE.(a) Establishment.—[Chapter 859 of title 10, United States Code](/us/usc/t10/ch859), is amended by adding at the end the following new section:"“§ 8595.[10 USC 8595](/us/usc/t10/s8595). United States Naval Community College: establishment and degree granting authority“(a) Establishment and Function.—There is a United States Naval Community College. The primary function of such College shall be to provide—“(1) programs of academic instruction and professional and technical education for individuals described in subsection
(b)in—“(A) academic and technical fields of the liberal arts and sciences which are relevant to the current and future needs of the Navy and Marine Corps, including in designated fields of national and economic importance such 135 STAT. 1740 as cybersecurity, artificial intelligence, machine learning, data science, and software engineering; and “(B) their practical duties; “(2) remedial, developmental, or continuing education programs, as prescribed by the Secretary of the Navy, which are necessary to support, maintain, or extend programs under paragraph (1); “(3) support and advisement services for individuals pursuing such programs; and “(4) continuous monitoring of the progress of such individuals. “(b) Individuals Eligible for Programs.—Subject to such other eligibility requirements as the Secretary of the Navy may prescribe, the following individuals are eligible to participate in programs and services under subsection (a):“(1) Enlisted members of the Navy and Marine Corps. “(2) Officers of the Navy and Marine Corps who hold a commission but have not completed a postsecondary degree. “(3) Civilian employees of the Department of the Navy. “(4) Other individuals, as determined by the Secretary of the Navy, so long as access to programs and services under subsection
(a)by such individuals is—“(A) in alignment with the mission of the United States Naval Community College; and “(B) determined to support the mission or needs of the Department of the Navy. “(c) Recommenda-tions.Degree and Credential Granting Authority.—“(1) Regulations.In general.—Under regulations prescribed by the Secretary of the Navy, the head of the United States Naval Community College may, upon the recommendation of the directors and faculty of the College, confer appropriate degrees or academic credentials upon graduates who meet the degree or credential requirements. “(2) Limitation.—A degree or credential may not be conferred under this subsection unless—“(A) the Secretary of Education has recommended approval of the degree or credential in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and “(B) the United States Naval Community College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree or credential, as determined by the Secretary of Education. “(3) Reports.Congressional notification requirements.—“(A) When seeking to establish degree or credential granting authority under this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives—“(i) Records.a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and “(ii) the subsequent recommendations and rationale of the Secretary of Education regarding the 135 STAT. 1741 establishment of the degree or credential granting authority. “(B) Upon any modification or redesignation of existing degree or credential granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. “(C) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Naval Community College to award any new or existing degree or credential. “(d) Civilian Faculty Members.—“(1) Authority of secretary.—The Secretary of the Navy may employ as many civilians as professors, instructors, and lecturers at the United States Naval Community College as the Secretary considers necessary. “(2) Compensation.—The compensation of persons employed under this subsection shall be prescribed by the Secretary of the Navy.” ".
(b)Clerical Amendment.—The table of sections at the beginning of [chapter 859 of title 10, United States Code](/us/usc/t10/ch859),10 USCprec. 8591. is amended by adding at the end the following new item:" “8595. United States Naval Community College: establishment and degree granting authority.”. " SEC. 558. CODIFICATION OF ESTABLISHMENT OF UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.(a) In General.—[Chapter 951 of title 10, United States Code](/us/usc/t10/ch951), is amended by inserting before section 9414 the following new section:"“§ 9413.[10 USC 9413](/us/usc/t10/s9413). United States Air Force Institute of Technology: establishment “There is in the Department of the Air Force a United States Air Force Institute of Technology, the purposes of which are to perform research and to provide, to members of the Air Force and Space Force (including the reserve components) and civilian employees of such Department, advanced instruction and technical education regarding their duties.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 9401. is amended by inserting, before the item relating to section 9414, the following new item:" “9413. United States Air Force Institute of Technology: establishment.”. " SEC. 559. CONCURRENT USE OF DEPARTMENT OF DEFENSE TUITION ASSISTANCE AND MONTGOMERY GI BILL-SELECTED RESERVE BENEFITS.(a) In General.—[Section 16131 of title 10, United States Code](/us/usc/t10/s16131), is amended by adding at the end the following new subsection:"“(k)(1) In the case of an individual entitled to educational assistance under this chapter who is pursuing education or training described in subsection
(a)or
(c)of section 2007 of this title on 135 STAT. 1742 a half-time or more basis, the Secretary concerned shall, at the election of the individual, pay the individual educational assistance allowance under this chapter for pursuit of such education or training as if the individual were not also eligible to receive or in receipt of educational assistance under section 2007 for pursuit of such education or training. “(2) Concurrent receipt of educational assistance under section 2007 of this title and educational assistance under this chapter shall not be considered a duplication of benefits if the individual is enrolled in a program of education on a half-time or more basis.” ".
(b)Conforming Amendments.—Section 2007(d) of such title is amended—(1) in paragraph (1), by inserting “or chapter 1606 of this title” after “of title 38”; and
(2)in paragraph (2), by inserting “, in the case of educational assistance under chapter 30 of such title, and section 16131(k), in the case of educational assistance under chapter 1606 of this title” before the period at the end. SEC. 559A. [10 USC 7431 note](/us/usc/t10/s7431).REGULATIONS ON CERTAIN PARENTAL GUARDIANSHIP RIGHTS OF CADETS AND MIDSHIPMEN.(a) Deadline.Consultation.Regulations Required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, after consultation with the Secretaries of the military departments and the Superintendent of each military service academy, shall prescribe regulations that include the option to preserve parental guardianship rights of a cadet or midshipman who becomes pregnant or fathers a child while attending a military service academy, consistent with the individual and academic responsibilities of such cadet or midshipman.
(b)Deadlines.Briefings; Report.—(1) Interim briefing.—Not later than May 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives an interim briefing on the development of the regulations prescribed under subsection (a).
(2)Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on any legislation the Secretary determines necessary to implement the regulations prescribed under subsection (a).
(3)Final briefing.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a final briefing on the regulations prescribed under subsection (a).
(c)Rule of Construction.—Nothing in this section shall be construed to change, or require a change to, any admission requirement at a military service academy.
(d)Military Service Academy Defined.—In this section, the term “**military service academy**” means the following:(1) The United States Military Academy.
(2)The United States Naval Academy.
(3)The United States Air Force Academy.135 STAT. 1743 SEC. 559B. Deadlines.Procedures.[10 USC note](/us/usc/t10)prec. 2001.DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM.(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall establish policies and procedures to provide, to linguists of the covered Armed Forces who have made the transition from formal training programs to operational and staff assignments, continuing language education to maintain their respective language proficiencies.
(b)Reimbursement Authority.—(1) Coordination.In general.—Not later than one year after the date of the enactment of this Act, the Under Secretary, in coordination with the chief of each covered Armed Force, shall establish a procedure by which the covered Armed Force concerned may reimburse an organization of the Department of Defense that provides, to members of such covered Armed Force, continuing language education, described in subsection (a), for the costs of such education.
(2)Sunset.—The authority under this subsection shall expire on September 30, 2025.
(c)Briefing.—Not later than July 1, 2022, the Under Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on implementation of this section and plans regarding continuing language education described in subsection (a).
(d)Covered Armed Force Defined.—In this section, the term “**covered Armed Force**” means the Army, Navy, Air Force, Marine Corps, or Space Force. SEC. 559C. PROHIBITION ON IMPLEMENTATION BY UNITED STATES AIR FORCE ACADEMY OF CIVILIAN FACULTY TENURE SYSTEM. TheReports.Assessments. Secretary of Defense may not implement a civilian faculty tenure system for the United States Air Force Academy (in this section referred to as the “Academy”) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the following:(1) How a civilian faculty tenure system would promote the mission of the Academy.
(2)How a civilian faculty tenure system would affect the current curricular governance process of the Academy.
(3)How the Academy will determine the number of civilian faculty at the Academy who would be granted tenure.
(4)How a tenure system would be structured for Federal employees at the Academy, including exact details of specific protections and limitations.
(5)The budget implications of implementing a tenure system for the Academy.
(6)The faculty qualifications that would be required to earn and maintain tenure.
(7)The reasons for termination of tenure that will be implemented and how a tenure termination effort would be conducted. SEC. 559D. [10 USC 2151 note](/us/usc/t10/s2151).PROFESSIONAL MILITARY EDUCATION: REPORT; DEFINITION.(a) Report.—135 STAT. 1744
(1)Consultation.In general.—Not later than July 1, 2022, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the definition of professional military education in the Department of Defense and the military departments as specified in subsection (c).
(2)Analysis.Elements.—The report under this subsection shall include the following elements:(A) Summary.A consolidated summary of all definitions of the term “**professional military education**” used in the Department of Defense and the military departments.
(B)A description of how such term is used in the Department of Defense in educational institutions, associated schools, programs, think tanks, research centers, and support activities.
(C)An analysis of how such term—(i) applies to tactical, operational, and strategic settings; and
(ii)is linked to mission requirements.
(D)An analysis of how professional military education has been applied and linked through all levels of Department of Defense education and training.
(E)The applicability of professional military education to the domains of warfare, including land, air, sea, space, and cyber.
(F)With regards to online and virtual learning in professional military education—(i) an analysis of the use of such learning; and
(ii)student satisfaction in comparison to traditional classroom learning.
(b)Deadline.Coordination.Definition.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretaries of the military departments, using the report under subsection (a), shall standardize the definition of “professional military education” across the military departments and the Department of Defense. SEC. 559E. REPORT ON TRAINING AND EDUCATION OF MEMBERS OF THE ARMED FORCES REGARDING SOCIAL REFORM AND UNHEALTHY BEHAVIORS.(a) Consultation.Report Required.—Not later than June 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on training and courses of education offered to covered members regarding—(1) sexual assault;
(2)sexual harassment;
(3)extremism;
(4)domestic violence;
(5)diversity, equity, and inclusion;
(6)military equal opportunity;
(7)suicide prevention; and
(8)substance abuse.135 STAT. 1745
(b)Elements.—The report under subsection
(a)shall identify, with regard to each training or course of education, the following:(1) Sponsor.
(2)Location.
(3)Method.
(4)Frequency.
(5)Number of covered members who have participated.
(6)Legislation, regulation, instruction, or guidance that requires such training or course (if applicable).
(7)Metrics of—(A) performance;
(B)effectiveness; and
(C)data collection.
(8)Responsibilities of the Secretary of Defense or Secretary of a military department to—(A) communicate with non-departmental entities;
(B)process feedback from trainers, trainees, and such entities;
(C)connect such training or course to tactical, operational, and strategic goals; and
(D)connect such training or course to other training regarding social reform and unhealthy behavior.
(9)Analyses.Analyses of—(A) whether the metrics described in paragraph
(7)are standardized across the military departments;
(B)mechanisms used to engage non-departmental entities to assist in the development of such training or courses;
(C)incentives used to ensure the effectiveness of such training or courses;
(D)how each training or courses is intended to change behavior; and
(E)costs of such training and courses.
(10)Recommenda-tions.Recommendations of the Secretary of Defense to improve such training or courses, including the estimated costs to implement such improvements.
(11)Determination.Any other information the Secretary of Defense determines relevant.
(c)Covered Member Defined.—In this section, the term “**covered member**” means a member of an Armed Force under the jurisdiction of the Secretary of a military department. SEC. 559F. REPORT ON STATUS OF ARMY TUITION ASSISTANCE PROGRAM ARMY IGNITED PROGRAM.(a) In General.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the status of the Army IgnitED program of the Army’s Tuition Assistance Program.
(b)Elements.—The report required under subsection
(a)shall describe—(1) the estimated date when the Army IgnitED program will be fully functional;
(2)the estimated date when service members will be reimbursed for out of pocket expenses caused by processing delays and errors under the Army IgnitED program; and
(3)the estimated date when institutions of higher education will be fully reimbursed for all costs typically provided through 135 STAT. 1746 the Tuition Assistance Program but delayed due to processing delays and errors under the Army IgnitED program. SEC. 559G. BRIEFING ON CADETS AND MIDSHIPMEN WITH SPEECH DISORDERS. NotDeadline. later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding nominees, who have speech disorders, to each military service academy. Such briefing shall include the following:(1) The number of such nominees were offered admission to the military service academy concerned.
(2)The number of nominees described in paragraph
(1)who were denied admission on the basis of such disorder.
(3)Whether the admission process to a military service academy includes testing for speech disorders.
(4)The current medical standards of each military service academy regarding speech disorders.
(5)Whether the Superintendent of each military service academy provides speech therapy to mitigate speech disorders—(A) of nominees to such military service academy to facilitate admission of such nominees; and
(B)of the cadets or midshipman at such military service academy. Subtitle G—Military Family Readiness and Dependents’ Education SEC. 561. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL OPERATIONS FORCES PERSONNEL AND IMMEDIATE FAMILY MEMBERS. [Section 1788a(e) of title 10, United States Code](/us/usc/t10/s1788a/e), is amended—(1) in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and
(2)in paragraph (5)—(A) by striking “covered personnel” and inserting “covered individuals”;
(B)in subparagraph (B), by striking “and” at the end;
(C)in subparagraph (C), by striking the period at the end and inserting “; and”; and
(D)by adding at the end the following new subparagraph:"“(D) immediate family members of individuals described in subparagraphs
(A)or
(B)in a case in which such individual died—“(i) as a direct result of armed conflict; “(ii) while engaged in hazardous service; “(iii) in the performance of duty under conditions simulating war; or “(iv) through an instrumentality of war.” ". SEC. 562. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER PROGRAM.(a) Expansion of Advisory Panel on Community Support for Military Families With Special Needs.—Section 563(d)(2) 135 STAT. 1747 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [10 U.S.C. 1781c note](/us/usc/t10/s1781c)) is amended—(1) by striking “seven” and inserting “nine”;
(2)by inserting “, appointed by the Secretary of Defense,” after “individuals”;
(3)by inserting “each” before “a member”;
(4)by striking the second sentence and inserting “In appointing individuals to the panel, the Secretary shall ensure that—”; and
(5)by adding at the end the following:"“(A) one individual is the spouse of an enlisted member; “(B) one individual is the spouse of an officer in a grade below O-6; “(C) one individual is a junior enlisted member; “(D) one individual is a junior officer; “(E) individuals reside in different geographic regions; “(F) one individual is a member serving at a remote installation or is a member of the family of such a member; and “(G) at least two individuals are members serving on active duty, each with a dependent who—“(i) is enrolled in the Exceptional Family Member Program; and “(ii) has an individualized education program.” ".
(b)Determination.Deadline.[10 USC 1781c note](/us/usc/t10/s1781c).Relocation.—The Secretary of the military department concerned may, if such Secretary determines it feasible, permit a covered member who receives permanent change of station orders to elect, not later than 14 days after such receipt, from at least two locations that provide support for the dependent of such covered member with a special need.
(c)Coordination.Requirement.Records.Family Member Medical Summary.—The Secretary of a military department, in coordination with the Director of the Defense Health Agency, shall require that a family member medical summary, completed by a licensed and credentialed medical provider, is accessible in the electronic health record of the Department of Defense for subsequent review by a licensed medical provider.
(d)Covered Member Defined.—In this section, the term “**covered member**” means a member of an Armed Force—(1) under the jurisdiction of the Secretary of a military department; and
(2)with a dependent with a special need. SEC. 563. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.(a) Continuation of Authority to Assist Local Educational Agencies That Benefit Dependents of Members of the Armed Forces and Department of Defense Civilian Employees.—(1) Assistance to schools with significant numbers of military dependent students.—Of the amount authorized to be appropriated for fiscal year 2022 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection
(a)135 STAT. 1748 of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ([Public Law 109–163](/us/pl/109/163); [20 U.S.C. 7703b](/us/usc/t20/s7703b)).
(2)Local educational agency defined.—In this subsection, the term “**local educational agency**” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 7713(9)](/us/usc/t20/s7713/9)).
(b)Impact Aid for Children With Severe Disabilities.—(1) In general.—Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by [Public Law 106–398](/us/pl/106/398); [114 Stat. 1654A–77](/us/stat/114/1654A–77); [20 U.S.C. 7703a](/us/usc/t20/s7703a)).
(2)Additional amount.—Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
(3)Deadline.Briefing.Evaluation.Determination.Report.—Not later than March 31, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive. SEC. 564. [10 USC 1784 note](/us/usc/t10/s1784).PILOT PROGRAM TO ESTABLISH EMPLOYMENT FELLOWSHIP OPPORTUNITIES FOR MILITARY SPOUSES.(a) Deadline.Time period.Establishment.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. Determinations.In carrying out the pilot program, the Secretary shall take the following steps:(1) Contracts.Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses.
(2)Determine the appropriate capacity for the pilot program based on annual funding availability.
(3)Criteria.Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment.
(b)Limitation on Total Amount of Assistance.—The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot.
(c)Reports.—Not later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements:(1) The number of spouses who participated in the pilot program annually.135 STAT. 1749
(2)The amount of funding spent through the pilot program annually.
(3)Recommenda-tions.A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent.
(d)Final Report.—Not later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements:(1) The number of spouses who participated in the pilot program.
(2)The amount of funding spent through the pilot program.
(3)Evaluation.An evaluation of outcomes.
(4)Recommenda-tions.A recommendation of the Secretary regarding whether to make the pilot program permanent.
(e)Termination.—The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program. SEC. 565. [10 USC 1781b note](/us/usc/t10/s1781b).POLICY REGARDING REMOTE MILITARY INSTALLATIONS.(a) Deadline.Consultation.Policy.—Not later than December 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a uniform policy for how to—(1) identify remote military installations; and
(2)Assessment.assess and manage challenges associated with remote military installations and military personnel assigned to remote locations.
(b)Elements.—The policy under subsection
(a)shall address the following:(1) Activities and facilities for the morale, welfare, and recreation of members of the Armed Forces.
(2)Availability of housing, located on and off remote military installations.
(3)Educational services for dependents of members of the Armed Forces, located on and off remote military installations.
(4)Availability of health care.
(5)Employment opportunities for military spouses.
(6)Risks associated with having insufficient support services for members of the Armed Forces and their dependents.
(c)Report.—Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the policy under this section.
(d)Military Installation Defined.—In this section, the term “**military installation**” has the meaning given that term in [section 2801 of title 10, United States Code](/us/usc/t10/s2801). SEC. 566. [10 USC 1784 note](/us/usc/t10/s1784).IMPLEMENTATION OF GAO RECOMMENDATION ON IMPROVED COMMUNICATION OF BEST PRACTICES TO ENGAGE MILITARY SPOUSES WITH CAREER ASSISTANCE RESOURCES.(a) Plan Required.—The Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled “Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of 135 STAT. 1750 Resources” (GAO–21–193).Summaries. The plan shall include the following elements:(1) A summary of actions that have been taken to implement the recommendation.
(2)A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to—(A) engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders;
(B)overcome factors that may limit use of best practices;
(C)disseminate best practices to relevant stakeholders; and
(D)identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and
(E)Schedule.a schedule, with specific milestones, for completing implementation of the recommendation.
(b)Implementation; Deadline.—Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a). SEC. 567. STUDY ON EMPLOYMENT OF MILITARY SPOUSES.(a) Study.—(1) In general.—The Secretary of Defense shall conduct a study to identify employment barriers affecting military spouses.
(2)Determination.Elements.—The study conducted under paragraph
(1)shall determine the following:(A) The rate or prevalence of military spouses who are currently employed and whether such military spouses have children.
(B)The rate or prevalence of military spouses who are underemployed.
(C)In connection with subparagraph (B), whether a military spouse would have taken a different position of employment if the military spouse were not impacted by the spouse who is a member of the Armed Forces.
(D)The rate or prevalence of military spouses who, due to military affiliation, have experienced discrimination by civilian employers, including loss of employment, denial of a promotion, and difficulty in being hired.
(E)Any other barriers of entry into the local workforce for military spouses, including—(i) state licensure requirements;
(ii)availability of childcare;
(iii)access to broadband;
(iv)job availability in military communities; and
(v)access to housing.
(b)Recommenda-tions.Report.—Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of the study conducted under this section, including any 135 STAT. 1751 policy recommendations to address employment barriers identified by the study.
(c)Definitions.—In this section:(1) Military spouse.—The term “**military spouse**” means the spouse of a member of the Armed Forces serving on active duty.
(2)Congressional defense committees.—The term “**congressional defense committees**” has the meaning given that term in [section 101(a)(16) of title 10, United States Code](/us/usc/t10/s101/a/16). SEC. 568. Deadline.BRIEFING ON EFFORTS OF COMMANDERS OF MILITARY INSTALLATIONS TO CONNECT MILITARY FAMILIES WITH LOCAL ENTITIES THAT PROVIDE SERVICES TO MILITARY FAMILIES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on how and the extent to which commanders of military installations connect military families with local nonprofit and government entities that provide services to military families, including assistance with housing. SEC. 569. Deadline.BRIEFING ON PROCESS TO CERTIFY REPORTING OF ELIGIBLE FEDERALLY CONNECTED CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS.(a) Briefing.—Not later April 1, 2022, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the following:(1) The feasibility of developing a written process whereby an installation commander can certify the information contained in impact aid source check forms received by such installation commander from local educational agencies.
(2)Benefits of working with local educational agencies to certify impact aid source check forms are submitted in the appropriate manner.
(3)Timeline.An estimated timeline to implement such a certification process.
(b)Definitions.—In this section:(1) The term “**impact aid source check form**” means a form submitted to a military installation by a local educational agency to confirm the number and identity of children eligible to be counted for purposes of the Federal impact aid program under section 7003(a) of the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 7703(a)](/us/usc/t20/s7703/a)).
(2)The term “**local educational agency**” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ([20 U.S.C. 7801](/us/usc/t20/s7801)). SEC. 569A. BRIEFING ON LEGAL SERVICES FOR FAMILIES ENROLLED IN THE EXCEPTIONAL FAMILY MEMBER PROGRAM.(a) Deadline.Briefing Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the provision of legal services, under section 582(b)(7) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), to families enrolled in EFMP.135 STAT. 1752
(b)Elements.—The briefing shall include the following elements:(1) Training, provided by civilian attorneys or judge advocates general, regarding special education.
(2)Casework, relating to special education, of such civilian attorneys and judge advocates general.
(3)Information on how such legal services tie in to broader EFMP support under the Individuals with Disabilities Education Act ([Public Law 91–230](/us/pl/91/230)), including the geographic support model.
(4)Determination.Other matters regarding such legal services that the Secretary of Defense determines appropriate.
(5)Costs.Costs of such elements described in paragraphs
(1)through (4).
(c)Definitions.—In this section:(1) The term “**EFMP**” means the Exceptional Family Member Program.
(2)The terms “child with a disability”, “free appropriate public education”, and “special education” have the meanings given those terms in section 602 of the Individuals with Disabilities Education Act ([20 U.S.C. 1401](/us/usc/t20/s1401)). SEC. 569B. GAO REVIEW OF PRESERVATION OF THE FORCE AND FAMILY PROGRAM OF UNITED STATES SPECIAL OPERATIONS COMMAND: BRIEFING; REPORT.(a) Review.—The Comptroller General of the United States shall conduct a review of POTFF. Such review shall include the following:(1) Assessment.With regards to current programs and activities of POTFF, an assessment of the sufficiency of the following domains:(A) Human performance.
(B)Psychological and behavioral health.
(C)Social and family readiness.
(D)Spiritual.
(2)Assessment.A description of efforts of the Commander of United States Special Operations Command to assess the unique needs of members of special operations forces, including women and minorities.
(3)A description of plans of the Commander to improve POTFF to better address the unique needs of members of special operations forces.
(4)Changes in costs to the United States to operate POTFF since implementation.
(5)Rates of participation in POTFF, including—(A) the number of individuals who participate;
(B)frequency of use by such individuals; and
(C)geographic locations where such individuals participate.
(6)Data analysis.Methods by which data on POTFF is collected and analyzed.
(7)Determination.Outcomes used to determine the effects of POTFF on members of special operations forces and their immediate family members, including a description of the effectiveness of POTFF in addressing unique needs of such individuals.
(8)Determination.Any other matter the Comptroller General determines appropriate.135 STAT. 1753
(b)Deadline.Briefing.—Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall brief the appropriate committees on the preliminary findings of the Comptroller General under such review.
(c)Report.—The Comptroller General shall submit to the appropriate committees a final report on such review at a date mutually agreed upon by the Comptroller General and the appropriate committees.
(d)Definitions.—In this section:(1) The term “**appropriate committees**” means the Committees on Armed Services of the Senate and House of Representatives.
(2)The term “**POTFF**” means the Preservation of the Force and Family Program of United States Special Operations Command under [section 1788a of title 10, United States Code](/us/usc/t10/s1788a).
(3)The term “**special operations forces**” means the forces described in [section 167(j) of title 10, United States Code](/us/usc/t10/s167/j). Subtitle H—Diversity and Inclusion SEC. 571. [37 USC 418 note](/us/usc/t37/s418).REDUCTION OF GENDER-RELATED INEQUITIES IN COSTS OF UNIFORMS TO MEMBERS OF THE ARMED FORCES.(a) Deadline.Coordination.Determinations.Establishment of Criteria.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force.
(b)Reviews.—(1) Recommenda-tions.Quinquennial review.—The Under Secretary shall review the criteria established under subsection
(a)every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria.
(2)Coordination.Data.Recommenda-tions.Periodic reviews.—The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review—(A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1);
(B)not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a);
(C)not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary 135 STAT. 1754 to facilitate cost discussions and make recommendations described in paragraph (1); and
(D)Plans.Determination.all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a).
(c)Deadline.Regulations.—Not later than September 30, 2022, each Secretary of a military department shall prescribe regulations that ensure the following:(1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender.
(2)If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change.
(3)An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2).
(d)Coordination.Costs.Report.—Not later than December 31, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on—(1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and
(2)a comparison of costs for male and female military clothing items for members of each Armed Force. SEC. 572. STUDY ON NUMBER OF MEMBERS OF THE ARMED FORCES WHO IDENTIFY AS HISPANIC OR LATINO. TheContracts. Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study of the following:(1) The number of members of the regular components of the Armed Forces (including cadets and midshipmen at the military service academies) who identify as Hispanic or Latino, separated by rank.
(2)A comparison of the percentage of the members described in paragraph
(1)with the percentage of the population of the United States who are eligible to enlist or commission in the Armed Forces who identify as Hispanic or Latino.
(3)A comparison of how each of the Armed Forces recruits individuals who identify as Hispanic or Latino.
(4)A comparison of how each of the Armed Forces retains both officer and enlisted members who identify as Hispanic or Latino.
(5)A comparison of how each of the Armed Forces promotes both officer and enlisted members who identify as Hispanic or Latino.135 STAT. 1755 SEC. 573. INCLUSION OF MILITARY SERVICE ACADEMIES, OFFICER CANDIDATE AND TRAINING SCHOOLS, AND THE SENIOR RESERVE OFFICERS’ TRAINING CORPS DATA IN DIVERSITY AND INCLUSION REPORTING. [Section 113 of title 10, United States Code](/us/usc/t10/s113), is amended—(1) in subsection (c)(2), by inserting before the semicolon the following: “, including the status of diversity and inclusion in the military service academies, the Officer Candidate and Training Schools, and the Senior Reserve Officers’ Training Corps programs of such department”; and
(2)in subsection (m)—(A) by redesignating paragraphs (5), (6), and
(7)as paragraphs (6), (7), and (8), respectively; and
(B)by inserting after paragraph
(4)the following new paragraph:"“(5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.” ". SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON EQUAL OPPORTUNITY AT THE MILITARY SERVICE ACADEMIES. Section 558 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3639](/us/stat/134/3639). is amended, in the matter preceding paragraph (1), by striking “one year after the date of the enactment of this Act” and inserting “May 31, 2022”. Subtitle I—Decorations and Awards, Miscellaneous Reports, and Other Matters SEC. 581. MODIFIED DEADLINE FOR ESTABLISHMENT OF SPECIAL PURPOSE ADJUNCT TO ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST. Section 594 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 503 note](/us/usc/t10/s503). is amended by striking “Not later than one year after the date of the enactment of this Act” and inserting “Not later than October 1, 2024”. SEC. 582. President.AUTHORIZATIONS FOR CERTAIN AWARDS.(a) Medal of Honor to Charles R. Johnson for Acts of Valor During the Korean War.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Charles R. Johnson for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Charles R. Johnson on June 11 and 12, 1953, as a member of the Army serving in Korea, for which he was awarded the Silver Star.
(b)Medal of Honor to Wataru Nakamura for Acts of Valor During the Korean War.—135 STAT. 1756
(1)Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Wataru Nakamura for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Wataru Nakamura on May 18, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross.
(c)Medal of Honor to Bruno R. Orig for Acts of Valor During the Korean War.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Bruno R. Orig for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Bruno R. Orig on Februray 15, 1951, as a member of the Army serving in Korea, for which he was awarded the Distinguished-Service Cross.
(d)Medal of Honor to Dennis M. Fujii for Acts of Valor During the Vietnam War.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Dennis M. Fujii for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Dennis M. Fujii on February 18 through 22, 1971, as a member of the Army serving in the Republic of Vietnam, for which he was awarded the Distinguished-Service Cross.
(e)Medal of Honor to Edward N. Kaneshiro, for Acts of Valor During the Vietnam War.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Edward N. Kaneshiro for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Edward N. Kaneshiro on December 1, 1966, as a member of the Army serving in Vietnam, for which he was awarded the Distinguished-Service Cross.
(f)Distinguished-Service Cross to Earl R. Fillmore, Jr. for Acts of Valor in Somalia.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or 135 STAT. 1757 any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Earl R. Fillmore, Jr. for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Earl R. Fillmore, Jr. on October 3, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star.
(g)Distinguished-Service Cross to Robert L. Mabry for Acts of Valor in Somalia.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to Robert L. Mabry for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of Robert L. Mabry on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star.
(h)Distinguished-Service Cross to John G. Macejunas for Acts of Valor in Somalia.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to John G. Macejunas for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of John G. Macejunas on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star.
(i)Distinguished-Service Cross to William F. Thetford for Acts of Valor in Somalia.—(1) Authorization.—Notwithstanding the time limitations specified in [section 7274 of title 10, United States Code](/us/usc/t10/s7274), or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Distinguished-Service Cross under section 7272 of such title to William F. Thetford for the acts of valor described in paragraph (2).
(2)Acts of valor described.—The acts of valor described in this paragraph are the actions of William F. Thetford on October 3 and 4, 1993, as a member of the Army serving in Somalia, for which he was awarded the Silver Star. SEC. 583. [10 USC note](/us/usc/t10)prec. 1121.ESTABLISHMENT OF THE ATOMIC VETERANS COMMEMORATIVE SERVICE MEDAL.(a) Service Medal Required.—The Secretary of Defense shall design and produce a commemorative military service medal, to be known as the “Atomic Veterans Commemorative Service Medal”, to commemorate the service and sacrifice of veterans who were instrumental in the development of our nations atomic and nuclear weapons programs.135 STAT. 1758
(b)Eligibility Requirements.—(1) Deadline.Determination.The Secretary of Defense shall, within 180 days after the date of enactment of this Act, determine eligibility requirements for this medal.
(2)Time period.Criteria.Sixty days prior to publishing the eligibility requirements for this medal, the Secretary of Defense shall submit proposed eligibility criteria under paragraph
(1)to the Committees on Armed Services of the Senate and House of Representatives for comment.
(3)The Secretary of Defense may require persons to submit supporting documentation for the medal authorized in subsection
(a)to determine eligibility under paragraph (1).
(c)Distribution of Medal.—(1) Issuance to retired and former members.—At the request of an eligible veteran, the Secretary of Defense shall issue the Atomic Veterans Commemorative Service Medal to the eligible veteran.
(2)Issuance to next-of-kin.—In the case of a veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Commemorative Service Medal to the next-of-kin of the persons.Determination. If applications for a medal are filed by more than one next of kin of a person eligible to receive a medal under this section, the Secretary of Defense shall determine which next-of-kin will receive the medal.
(3)Application.—The Secretary shall prepare and disseminate as appropriate an application by which veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.
(d)Authorization of Appropriations.—There is authorized to be appropriated such sum as may be necessary to carry out this section. SEC. 584. [38 USC 2409 note](/us/usc/t38/s2409).UPDATES AND PRESERVATION OF MEMORIALS TO CHAPLAINS AT ARLINGTON NATIONAL CEMETERY.(a) Updates and Preservation of Memorials.—(1) Protestant chaplains memorial.—The Secretary of the Army may permit NCMAF—(A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial;
(B)to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and
(C)Determination.to make such other updates and corrections to the memorial that the Secretary determines necessary.
(2)Determination.Catholic and jewish chaplain memorials.—The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary.
(3)No cost to federal government.—The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government.
(b)Verification of Names.—NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection
(a)unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of 135 STAT. 1759 the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served.
(c)Effective date.Prohibition on Expansion of Memorials.—Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act.
(d)Definitions.—In this section:(1) Effective date.The term “**Chaplains Hill**” means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill.
(2)The term “**NCMAF**” means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section. SEC. 585. REPORTS ON SECURITY FORCE PERSONNEL PERFORMING PROTECTION LEVEL ONE DUTIES.(a) In General.—The Secretary of the Air Force shall submit to the congressional defense committees a report on the status of security force personnel performing protection level one (PL–1) duties—(1) not later than 90 days after the date of the enactment of this Act; and
(2)concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a).
(b)Elements.—Each report required by subsection
(a)shall include the following:(1) The number of Air Force personnel performing, and the number of unfilled billets designated for performance of, PL–1 duties on a full-time basis during the most recent fiscal year that ended before submission of the report.
(2)The number of such personnel disaggregated by mission assignment during that fiscal year.
(3)The number of such personnel and unfilled billets at each major PL–1 installation during that fiscal year and a description of the rank structure of such personnel.
(4)Statement.A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each major PL–1 installation during that fiscal year.
(5)The retention rate for security personnel performing such duties during that fiscal year.
(6)The number of Air Force PL–1 security force members deployed to support another Air Force mission or a joint mission with another military department during that fiscal year.
(7)A description of the type of training for security personnel performing PL–1 duties during that fiscal year.
(8)Assessment.An assessment of the status of replacing the existing fleet of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL–1 installation.
(9)Time period.Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 duties during the period of five fiscal years after submission of the report.135 STAT. 1760 SEC. 586. GAO STUDY ON TATTOO POLICIES OF THE ARMED FORCES.(a) Evaluation.Study.—The Comptroller General of the United States shall evaluate the tattoo policies of each Armed Force, including—(1) the effects of such policies on recruitment, retention, reenlistment of members of the Armed Forces; and
(2)processes for waivers to such policies to recruit, retain, or reenlist members who have unauthorized tattoos.
(b)Deadline.Briefing.—Not later than March 31, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and House of Representatives on preliminary findings of such evaluation.
(c)Report.—Not later than July 1, 2022, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of such evaluation. SEC. 587. BRIEFING REGARDING BEST PRACTICES FOR COMMUNITY ENGAGEMENT IN HAWAII.(a) Deadline.Briefing Required.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense and the Secretaries of the military departments shall jointly submit to Congress a briefing on best practices for coordinating relations with State and local governmental entities in the State of Hawaii.
(b)Best Practices.—The best practices referred to in subsection
(a)shall address each of the following issues:(1) Summaries.Identify comparable locations with joint base military installations or of other densely populated metropolitan areas with multiple military installations and summarize lessons learns from any similar efforts to engage with the community and public officials.
(2)Identify all the major community engagement efforts by the services, commands, installations and other military organizations in the State of Hawaii.
(3)Evaluation.Evaluate the current community outreach efforts to identify any outreach gaps or coordination challenges that undermine the military engagement with the local community and elected official in the State of Hawaii.
(4)Proposal.Propose options available to create an enhanced, coordinated community engagement effort in the State of Hawaii based on the department’s evaluation.
(5)Resources to support the coordination described in this subsection, including the creation of joint liaison offices that are easily accessible to public officials to facilitate coordinating relations with State and local governmental agencies. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A— Pay and Allowances Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Expansions of certain travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities. Sec. 605. Requirements in connection with suspension of retired pay and retirement annuities. Sec. 606. Report on relationship between basic allowance for housing and sizes of military families.135 STAT. 1761 Sec. 607. Report on certain moving expenses for members of the Armed Forces. Sec. 608. Report on temporary lodging expenses in competitive housing markets. Sec. 609. Report on rental partnership programs. Subtitle B— Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C— Family and Survivor Benefits Sec. 621. Extension of paid parental leave. Sec. 622. Bereavement leave for members of the Armed Forces. Sec. 623. Travel and transportation allowances for family members to attend the funeral and memorial services of members. Sec. 624. Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care. Sec. 625. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 626. Casualty assistance program: reform; establishment of working group. Subtitle D— Defense Resale Matters Sec. 631. Additional sources of funds available for construction, repair, improvement, and maintenance of commissary stores. Subtitle E— Miscellaneous Rights and Benefits Sec. 641. Alexander Lofgren Veterans in Parks program. Subtitle A—Pay and Allowances SEC. 601. BASIC NEEDS ALLOWANCE FOR MEMBERS ON ACTIVE SERVICE IN THE ARMED FORCES.(a) In General.—[Chapter 7 of title 37, United States Code](/us/usc/t37/ch7), is amended by inserting after section 402a the following new section:"“§ 402b.[37 USC 402b](/us/usc/t37/s402b). Basic needs allowance for members on active service in the Armed Forces“(a) Determination.Allowance Required.—The Secretary concerned shall pay to each member who is eligible under subsection
(b)a basic needs allowance in the amount determined for such member under subsection (c). “(b) Eligible Members.—A member on active service in the armed forces is eligible for the allowance under subsection
(a)if—“(1) the member has completed initial entry training; “(2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and “(3) the member—“(A) is not ineligible for the allowance under subsection (d); and “(B) does not elect under subsection
(g)not to receive the allowance. “(c) Amount of Allowance.—The amount of the monthly allowance payable to a member under subsection
(a)shall be the amount equal to—“(1)(A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household 135 STAT. 1762 of the member during the month for which the allowance is paid; minus “(B) the gross household income of the member during the preceding calendar year; divided by “(2) 12. “(d) Bases of Ineligibility.—“(1) In general.—The following members are ineligible for the allowance under subsection (a):“(A) A member who does not have any dependents. “(B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. “(2) Household with more than one eligible member.—In the event a household contains two or more members determined under subsection
(f)to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. “(3) Automatic ineligibility of members receiving certain pay increases.—A member determined to be eligible under subsection
(f)for the allowance under subsection
(a)whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). “(4) Ineligibility of certain changes in income.—A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection
(a)solely as a result of the fine, forfeiture, or reduction in rank. “(e) Application by Members Seeking Allowance.—“(1) Determination.In general.—A member who seeks to receive the allowance under subsection
(a)shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. “(2) Update.Timing of submission.—A member who receives the allowance under subsection
(a)and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph
(1)at such times as the Secretary may require, but not less frequently than annually. “(3) Voluntary submission.—The submission of an application under paragraph
(1)is voluntary. “(4) Screening of members for eligibility.—The Secretary of Defense shall—“(A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and135 STAT. 1763 “(B) Notification.notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). “(f) Determinations of Eligibility.—“(1) In general.—The Secretary concerned shall—“(A) determine which members of the armed forces are eligible under subsection (b); and “(B) Notification.notify each such member, in writing, of that determination. “(2) Information included in notice.—The notice under paragraph
(1)shall include information regarding financial management and assistance programs for which the member may be eligible. “(g) Election Not to Receive Allowance.—“(1) In general.—A member determined under subsection
(f)to be eligible for the allowance under subsection
(a)may elect, in writing, not to receive the allowance. “(2) Deemed ineligible.—A member who does not submit an application under subsection
(e)within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). “(h) Special Rule for Members Stationed Outside United States.—In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. “(i) Deadline.Regulations.—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. “(j) Effective Period.—“(1) Implementation period.—The allowance under subsection
(a)is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. “(2) Termination.—The allowance under subsection
(a)may not be paid for any month beginning after December 31, 2027. “(k) Definitions.—In this section:“(1) Gross household income.—The term ‘**gross household income**’, with respect to a member of the armed forces, includes—“(A) all household income, derived from any source; minus “(B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude. “(2) Household.—The term ‘**household**’ means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.” ".
(b)Study.—135 STAT. 1764
(1)In general.—The Secretary of Defense shall conduct a study on food insecurity in the Armed Forces. Results of such study shall include the following elements:(A) Analysis.An analysis of food deserts that affect members of the Armed Forces, and their families, who live in areas with high costs of living.
(B)A comparison of—(i) Determination.the current method employed by the Secretary of Defense to determine areas with high costs of living;
(ii)local level indicators used by the Bureau of Labor Statistics that indicate buying power and consumer spending in specific geographic areas;
(iii)indicators used by the Department of Agriculture in market basket analyses and other measures of local and regional food costs.
(C)The feasibility of implementing a web portal for a member of any Armed Force to apply for the allowance under [section 402b of title 37, United States Code](/us/usc/t37/s402b), added by subsection (a), including—(i) cost;
(ii)ease of use;
(iii)access;
(iv)privacy; and
(v)Determination.any other factor the Secretary determines appropriate.
(D)Determination.The development of a process to determine an appropriate allowance to supplement the income of members who suffer food insecurity.
(E)Outcomes of forums with beneficiaries, military service organizations, and advocacy groups to elicit information regarding the effects of food insecurity on members and their dependents. The Secretary of Defense and each Secretary of a military department shall conduct at least one such forum, only one of which may be conducted in the National Capital Region.
(F)Cost estimate.An estimate of costs to implement each recommendation of the Secretary developed pursuant to this paragraph.
(G)Any other information the Secretary determines appropriate.
(2)Deadline.Briefing.—Not later than April 1, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and House of Representatives on initial findings of the study.
(3)Report.—Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the final results of the study.
(4)Definitions.—In this subsection:(A) The term “**food desert**” means an area, determined by the Secretary of Defense, where it is difficult to obtain affordable or high-quality fresh food.
(B)The term “**National Capital Region**” has the meaning given such term in [section 2674 of title 10, United States Code](/us/usc/t10/s2674).
(c)Reports on Effects of Allowance on Food Insecurity.—Not later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense 135 STAT. 1765 committees a report regarding the effect of the allowance under [section 402b of title 37, United States Code](/us/usc/t37/s402b), added by subsection (a), on food insecurity among members of the Armed Forces.
(d)Clerical Amendment.—The table of sections at the beginning of chapter 7 of such title[37 USC ](/us/usc/t37)prec. 401. is amended by inserting after the item relating to section 402a the following new item:" “402b. Basic needs allowance for members on active service in the Armed Forces.”. " SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.(a) In General.—[Subchapter II of chapter 5 of title 37, United States Code](/us/usc/t37/ch5/schII), is amended by adding at the end the following new section:"“§ 357.[37 USC 357](/us/usc/t37/s357). Incentive pay authorities for members of the reserve components of the armed forces “Notwithstanding section 1004 of this title, the Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills.” ".
(b)Technical Amendment.—The table of sections at the beginning of such chapter[37 USC ](/us/usc/t37)prec. 301. is amended by inserting after the item relating to section 356 the following:" “357. Incentive pay authorities for members of the reserve components of the armed forces.”. "
(c)[37 USC 357 note](/us/usc/t37/s357).Report.—Not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—(1) Plan.the plan of the Secretary to implement section 357 of such title, as added by subsection (a);
(2)Cost estimate.an estimate of the costs of such implementation;
(3)the number of members described in such section; and
(4)Determination.any other matter the Secretary determines relevant.
(d)Implementation Date.—The Secretary may not implement section 357 of such title, as added by subsection
(a)until after—(1) submission of the report under subsection (b); and
(2)Determination.Certification.the Secretary determines and certifies in writing to the Committees on Armed Services of the Senate and House of Representatives that such implementation shall not have a detrimental effect on the force structure of an Armed Force concerned, including with regard to recruiting or retention of members in the regular component of such Armed Force. SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANSPORTATION AUTHORITIES.(a) Lodging in Kind for Reserve Component Members Performing Training.—(1) In general.—[Section 12604 of title 10, United States Code](/us/usc/t10/s12604), is amended by adding at the end the following new subsection:"“(c) Reimbursement.Lodging in Kind.—(1) In the case of a member of a reserve component performing active duty for training or inactive-duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge 135 STAT. 1766 expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind. “(2) Regulations.Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned. “(3) The Secretary may pay service charge expenses under paragraph
(1)and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of these expenses. “(4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph
(1)shall be made by the installation commander.” ".
(2)Conforming amendment.—[Section 474 of title 37, United States Code](/us/usc/t37/s474), is amended by striking subsection (i).
(b)Mandatory Pet Quarantine Fees for Household Pets.—[Section 451(b)(8) of title 37, United States Code](/us/usc/t37/s451/b/8), is amended by adding at the end the following: “Such costs include pet quarantine expenses.”.
(c)Student Dependent Transportation.—(1) In general.—[Section 452(b) of title 37, United States Code](/us/usc/t37/s452/b), is amended by adding at the end the following new paragraphs:"“(18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is outside the continental United States (other than in Alaska or Hawaii). “(19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.” ".
(2)Definitions.—[Section 451 of title 37, United States Code](/us/usc/t37/s451), as amended by subsection
(b)of this section, is amended—(A) in subsection (a)(2)(H), by adding at the end the following new clauses:"“(vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is outside the continental United States (other than in Alaska or Hawaii). “(viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State outside of the permanent duty assignment location.” "; and
(B)in subsection (b), by adding at the end the following new paragraph:"“(10)(A) The term ‘**permanent duty assignment location**’ means—135 STAT. 1767“(i) the official station of a member of the uniformed services; or “(ii) the residence of a dependent of a member of the uniformed services. “(B) As used in subparagraph (A)(ii), the residence of a dependent who is a student not living with the member while at school is the permanent duty assignment location of the dependent student.” ".
(d)Dependent Transportation Incident to Ship Construction, Inactivation, and Overhauling.—(1) In general.—[Section 452 of title 37, United States Code](/us/usc/t37/s452), as amended by subsection
(c)of this section, is further amended—(A) in subsection (b), by adding at the end the following new paragraph:"“(20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.” "; and
(B)by adding at the end the following new subsection:"“(i) Dependent Transportation Incident to Ship Construction, Inactivation, and Overhauling.—The authority under subsection
(a)for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions:“(1) Time periods.The member of the uniformed services must be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter. “(2) Reimbursement.Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member’s entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul or inactivation to the port of overhaul or inactivation. “(3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel.” ".
(2)Definitions.—[Section 451(a)(2)(H) of title 37, United States Code](/us/usc/t37/s451/a/2/H), as amended by subsection
(c)of this section, is further amended by adding at the end the following new clause:"“(ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction.” ".
(e)Technical Correction.—[Section 2784a(a)(3) of title 10, United States Code](/us/usc/t10/s2784a/a/3), is amended by striking “section 474” and inserting “section 452”. SEC. 604. REPEAL OF EXPIRING TRAVEL AND TRANSPORTATION AUTHORITIES.(a) Effective date.In General.—Effective December 31, 2021, [subchapter III of chapter 8 of title 37, United States Code](/us/usc/t37/ch8/schIII),37 USCprec. 471, 471 andnote, 472,474–474b,475a–481f,481h–481*l*, 484,*488–492, 494.* is repealed.135 STAT. 1768
(b)Clerical Amendment.—The table of sections at the beginning of chapter 8 of such title[37 USC ](/us/usc/t37)prec. 451. is amended by striking the items relating to subchapter III and sections 471 through 495. SEC. 605. REQUIREMENTS IN CONNECTION WITH SUSPENSION OF RETIRED PAY AND RETIREMENT ANNUITIES.(a) Deadline.Regulations.[10 USC 1401 note](/us/usc/t10/s1401).Annual Eligibility Determination Procedures.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a single annual eligibility determination procedure for determinations of eligibility for military retired or retainer pay and survivor annuities in connection with military service as a replacement of the current procedures in connection with the Certificate of Eligibility and Report of Existence for military retirees and annuitants.
(b)Report.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on a process by which notifications of the death of a military retiree or annuitant may be determined with respect to the termination of eligibility for benefits. SEC. 606. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE FOR HOUSING AND SIZES OF MILITARY FAMILIES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on whether the basic allowance for housing under [section 403 of title 37, United States Code](/us/usc/t37/s403), is sufficient for the average family size of members of the Armed Forces, disaggregated by rank and military housing area. SEC. 607. REPORT ON CERTAIN MOVING EXPENSES FOR MEMBERS OF THE ARMED FORCES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on moving expenses incurred by members of the Armed Forces and their families that exceed such expenses covered by the Joint Travel Regulations for the Uniformed Services, disaggregated by Armed Force, rank, and military housing area. In suchExamination. report, the Secretary shall examine the root causes of such expenses. SEC. 608. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE HOUSING MARKETS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the appropriateness of the maximum payment period of 10 days under subsection
(c)of [section 474a of title 37, United States Code](/us/usc/t37/s474a) in highly competitive housing markets. Such report shall include how the Secretary educates members of the Armed Forces and their families about their ability to request payment under such section. SEC. 609. REPORT ON RENTAL PARTNERSHIP PROGRAMS. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees 135 STAT. 1769 on Armed Services of the Senate and House of Representatives a report on the rental partnership programs of the Armed Forces. Such report shall include—(1) the numbers and percentages of members of the Armed Forces who do not live in housing located on military installations who participate in such programs; and
(2)Recommenda-tions.the recommendation of the Secretary whether Congress should establish annual funding for such programs and, if so, what in amounts. Subtitle B—Bonus and Incentive Pays SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY AUTHORITIES.(a) Authorities Relating to Reserve Forces.—[Section 910(g) of title 37, United States Code](/us/usc/t37/s910/g), relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
(b)Title 10 Authorities Relating to Health Care Professionals.—The following sections of [title 10, United States Code](/us/usc/t10), are amended by striking “December 31, 2021” and inserting “December 31, 2022”:(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.
(2)Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
(c)Authorities Relating to Nuclear Officers.—[Section 333(i) of title 37, United States Code](/us/usc/t37/s333/i), is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
(d)Authorities Relating to Title 37 Consolidated Special Pay, Incentive Pay, and Bonus Authorities.—The following sections of [title 37, United States Code](/us/usc/t37), are amended by striking “December 31, 2021” and inserting “December 31, 2022”:(1) Section 331(h), relating to general bonus authority for enlisted members.
(2)Section 332(g), relating to general bonus authority for officers.
(3)Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
(4)Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
(5)Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
(6)Section 351(h), relating to hazardous duty pay.
(7)Section 352(g), relating to assignment pay or special duty pay.
(8)Section 353(i), relating to skill incentive pay or proficiency bonus.
(9)Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
(e)Authority to Provide Temporary Increase in Rates of Basic Allowance for Housing.—Section 403(b)(7)(E) of title 135 STAT. 1770 37, United States Code, is amended by striking “December 31, 2021” and inserting “December 31, 2022”. Subtitle C—Family and Survivor Benefits SEC. 621. EXTENSION OF PAID PARENTAL LEAVE.(a) In General.—[Section 701 of title 10, United States Code](/us/usc/t10/s701), is amended—(1) in subsection (i)—(A) in paragraph (1)—(i) in subparagraph (A), by striking “a member” and all that follows through the period at the end and inserting the following: "“a member of the armed forces described in paragraph
(2)is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events:“(i) The birth or adoption of a child of the member and in order to care for such child. “(ii) The placement of a minor child with the member for adoption or long-term foster care.” "; and
(ii)by striking subparagraph
(B)and inserting the following:"“(B)(i) Time period.The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph
(A)to be taken after the one-year period described in such paragraph in the case of a member described in paragraph
(2)who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph
(A)as a result of—“(I) operational requirements; “(II) professional military education obligations; or “(III) Determination.other circumstances that the Secretary determines reasonable and appropriate. “(ii) Requirements.The regulations prescribed under clause
(i)shall require that any leave authorized to be taken after the one-year period described in subparagraph
(A)shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline.” ";
(B)by striking paragraphs (3), (8), and
(10)and redesignating paragraphs (4), (5), (6), (7), and
(9)as paragraphs (3), (4), (5), (6), and (7), respectively;
(C)in paragraph (3), as redesignated by subparagraph (B), by striking the matter preceding the em dash and inserting “A member who has given birth may receive medical convalescent leave in conjunction with such birth. Medical convalescent leave in excess of the leave under paragraph
(1)may be authorized if such additional medical convalescent leave”;
(D)in paragraph (4), as so redesignated, by striking “paragraphs
(1)and (4)” and inserting “paragraphs
(1)and (3)”;
(E)in paragraph (5)(A), as so redesignated, by inserting “, subject to the exceptions in paragraph (1)(B)(ii)” after “shall be forfeited”; and135 STAT. 1771
(F)in paragraph (7)(B), as so redesignated, by striking “paragraph (4)” and inserting “paragraph (3)”;
(2)by striking subsection
(j)and redesignating subsections
(k)and
(l)as subsections
(j)and (k), respectively; and
(3)by adding at the end the following new subsection (l):"“(l) Time period.A member of the armed forces who gives birth while on active duty may be required to meet body composition standards or pass a physical fitness test during the period of 12 months beginning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and—“(1) at the election of such member; or “(2) in the interest of national security, as determined by the Secretary of Defense.” ".
(b)[10 USC 701 note](/us/usc/t10/s701).Effective Date.—The amendments made by subsection
(a)shall take effect one year after the date of the enactment of this Act.
(c)Deadline.[10 USC 701 note](/us/usc/t10/s701).Regulations.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a).
(d)[10 USC 701 note](/us/usc/t10/s701).Reporting.—Not later than January 1, 2023, and annually thereafter, each Secretary of a military department shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report regarding the use, during the preceding fiscal year, of leave under subsections
(i)and
(j)of section 701 of such title, as amended by subsection (a), disaggregated by births, adoptions, and foster placements, including the number of members of the Armed Forces who—(1) used the maximum amount of primary caregiver leave; and
(2)used leave in multiple increments. SEC. 622. BEREAVEMENT LEAVE FOR MEMBERS OF THE ARMED FORCES.(a) In General.—[Section 701 of title 10, United States Code](/us/usc/t10/s701), is amended by adding at the end the following new subsection:"“(m)(1)(A) Time period.Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph
(B)is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. “(B) Applicability.Subparagraph
(A)applies to the following members:“(A) A member on active duty. “(B) A member of a reserve component performing active Guard and Reserve duty. “(C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. “(2) Time period.Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph
(1)shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph
(1)after such point shall not be chargeable to the member.135 STAT. 1772 “(3) Definition.In this section, the term ‘**immediate family member**’, with respect to a member of the armed forces, means—“(A) the member’s spouse; or “(B) a child of the member.” ".
(b)[10 USC 701 note](/us/usc/t10/s701).Effective Date.—The amendment made by subsection
(a)shall take effect 180 days after the date of the enactment of this Act. SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO ATTEND THE FUNERAL AND MEMORIAL SERVICES OF MEMBERS. [Section 452(b) of title 37, United States Code](/us/usc/t37/s452/b), is amended by adding at the end the following new paragraph:"“(18) Presence of family members at the funeral and memorial services of members.” ". SEC. 624. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE. Section 589(b) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 1791 note](/us/usc/t10/s1791). is amended—(1) by inserting “(1)” before “The Secretary”; and
(2)by adding at the end the following new paragraph:"“(2) Determination.The Secretary may carry out the pilot program at other locations the Secretary determines appropriate.” ". SEC. 625. [10 USC 1784 note](/us/usc/t10/s1784).PILOT PROGRAM ON DIRECT HIRE AUTHORITY FOR SPOUSES OF MEMBERS OF THE UNIFORMED SERVICES AT LOCATIONS OUTSIDE THE UNITED STATES.(a) Assessment.In General.—The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection
(b)to hire spouses of members of the uniformed services at locations outside the United States.
(b)Appointments.Authority.—In carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of [subchapter I of chapter 33 of title 5, United States Code](/us/usc/t5/ch33/schI) (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection
(c)if—(1) the spouse has been authorized to accompany the member to the duty location at Government expense; and
(2)the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position.
(c)Position Described.—A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States.
(d)Term of Appointment.—(1) In general.—An appointment made under this section shall be for a term not exceeding two years.
(2)Renewal.—The Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years.
(3)Termination.—An appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station.135 STAT. 1773
(e)Payment of Travel and Transportation Allowances.—Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section.
(f)Relationship to Other Law.—Nothing in this section may be construed to interfere with—(1) the authority of the President under [section 3304 of title 5, United States Code](/us/usc/t5/s3304);
(2)the authority of the President under [section 1784 of title 10, United States Code](/us/usc/t10/s1784);
(3)the ability of the head of an agency to make noncompetitive appointments pursuant to [section 3330d of title 5, United States Code](/us/usc/t5/s3330d); or
(4)any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located.
(g)Reports Required.—(1) In general.—Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following:(A) The number of individuals appointed under this section.
(B)The position series and grade to which each individual described in subparagraph
(A)was appointed.
(C)Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained.
(D)Data.Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member.
(E)Recommenda-tions.Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program.
(2)Final report.—Not later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1).
(h)Termination.—The pilot program under this section shall terminate on December 31, 2026.
(i)Definitions.—In this section:(1) Appropriate committees of congress.—The term “**appropriate committees of Congress**” means—(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives.
(2)Secretary concerned.—The term “**Secretary concerned**”—(A) has the meaning given the term in [section 101(a)(9) of title 10, United States Code](/us/usc/t10/s101/a/9); and
(B)includes—(i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of 135 STAT. 1774 the National Oceanic and Atmospheric Administration; and
(ii)the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service.
(3)Uniformed services.—The term “**uniformed services**” has the meaning given the term in [section 101(a)(5) of title 10, United States Code](/us/usc/t10/s101/a/5).
(4)United states.—The term “**United States**” has the meaning given that term in [section 101(a)(1) of title 10, United States Code](/us/usc/t10/s101/a/1). SEC. 626. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT OF WORKING GROUP.(a) Casualty Assistance Reform Working Group.—(1) Deadline.Establishment.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to be known as the “Casualty Assistance Reform Working Group” (in this section referred to as the “Working Group”).
(2)Duties.—The Working Group shall perform the following duties:(A) Create standards and training for CAOs across the military departments.
(B)Explore the possibility of establishing a unique badge designation for—(i) CAOs who have performed CAO duty more than five times; or
(ii)professional CAOs.
(C)Examine the current workflow of casualty affairs support across the military departments, including administrative processes and survivor engagements.
(D)Perform a gap analysis and solution document that clearly identifies and prioritizes critical changes to modernize and professionalize the casualty experience for survivors.
(E)Review the organization of the Office of Casualty, Mortuary Affairs and Military Funeral Honors to ensure it is positioned to coordinate policy and assist in all matters under its jurisdiction, across the Armed Forces, including any potential intersections with the Defense Prisoner of War and Missing in Action Accounting Agency.
(F)Explore the establishment of—(i) an annual meeting, led by the Secretary of Defense, with gold star families; and
(ii)a surviving and gold star family leadership council.
(G)Recommend improvements to the family notification process of Arlington National Cemetery.
(H)Explore the redesign of the Days Ahead Binder, including creating an electronic version.
(I)Consider the expansion of the DD Form 93 to include more details regarding the last wishes of the deceased member.
(J)Assess coordination between the Department of Defense and the Office of Survivors Assistance of the Department of Veterans Affairs.135 STAT. 1775
(3)Membership.—The membership of the Working Group shall be composed of the following:(A) The Under Secretary of Defense for Personnel and Readiness, who shall serve as Chair of the Working Group.
(B)At least one person furnished with a gold star lapel button under [section 1126 of title 10, United States Code](/us/usc/t10/s1126), by each Secretary of a military department.
(C)Appointments.Other members of the Armed Forces or civilian employees of the Department of Defense, appointed by the Secretary of Defense, based on knowledge of, and experience with, matters described in paragraph (2).
(4)Determinations.Recommenda-tions.Report.—Not later than September 30, 2022, the Working Group shall submit to the Secretary of Defense a report containing the determinations and recommendations of the Working Group.
(5)Termination.—The Working Group shall terminate upon submission of the report under paragraph (4).
(b)Review.Assessment.Report Required.—Not later than November 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a review and assessment of the casualty assistance officer program, including the report of the Working Group.
(c)Deadline.Coordination.Publication.Regulations.[10 USC 101 note](/us/usc/t10/s101).Establishment of Certain Definitions.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall publish an interim rule that establishes standard definitions, for use across the military departments, of the terms “gold star family” and “gold star survivor”.
(d)CAO Defined.—In this section, the term “**CAO**” means a casualty assistance officer of the Armed Forces. Subtitle D—Defense Resale Matters SEC. 631. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR CONSTRUCTION, REPAIR, IMPROVEMENT, AND MAINTENANCE OF COMMISSARY STORES. [Section 2484(h) of title 10, United States Code](/us/usc/t10/s2484/h), is amended—(1) in paragraph (5), by adding at the end the following new subparagraphs:"“(F) Amounts made available for any purpose set forth in paragraph
(1)pursuant to an agreement with a host nation. “(G) Amounts appropriated for repair or reconstruction of a commissary store in response to a disaster or emergency.” "; and
(2)by adding at the end the following new paragraph:"“(6) Revenues made available under paragraph
(5)for the purposes set forth in paragraphs (1), (2), and
(3)may be supplemented with additional funds derived from—“(A) improved management practices implemented pursuant to sections 2481(c)(3), 2485(b), and 2487(c) of this title; and “(B) the variable pricing program implemented pursuant to subsection (i).” ".135 STAT. 1776 Subtitle E—Miscellaneous Rights and Benefits SEC. 641. ALEXANDER LOFGREN VETERANS IN PARKS PROGRAM. Section 805 of the Federal Lands Recreation Enhancement Act ([Public Law 108–447](/us/pl/108/447); [118 Stat. 3385](/us/stat/118/3385); [16 U.S.C. 6804](/us/usc/t16/s6804)) is amended—(1) in subsection (a)(4), by striking “age and disability discounted” and inserting “age discount and lifetime”; and
(2)in subsection (b)—(A) in the heading, by striking “Discounted” and inserting “Free and Discounted”;
(B)in paragraph (2)—(i) in the heading, by striking “Disability discount” and inserting “Lifetime passes”; and
(ii)by striking subparagraph
(B)and inserting the following:"“(B) Any veteran who provides adequate proof of military service as determined by the Secretary. “(C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).” "; and
(C)in paragraph (3)—(i) in the heading, by striking “Gold star families parks pass” and inserting “Annual passes”; and
(ii)by striking “members of” and all that follows through the end of the sentence and inserting “members of the Armed Forces and their dependents who provide adequate proof of eligibility for such pass as determined by the Secretary.”. TITLE VII—HEALTH CARE PROVISIONS TITLE VII— HEALTH CARE PROVISIONS Subtitle A— TRICARE and Other Health Care Benefits Sec. 701. Eating disorders treatment for certain members of the Armed Forces and dependents. Sec. 702. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 703. Revisions to TRICARE provider networks. Sec. 704. Self-initiated referral process for mental health evaluations of members of the Armed Forces. Sec. 705. Modifications to pilot program on health care assistance system. Sec. 706. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Sec. 707. Improvement of postpartum care for members of the Armed Forces and dependents. Subtitle B— Health Care Administration Sec. 711. Modification of certain Defense Health Agency organization requirements. Sec. 712. Requirement for consultations relating to military medical research and Defense Health Agency Research and Development. Sec. 713. Authorization of program to prevent fraud and abuse in the military health system. Sec. 714. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 715. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.135 STAT. 1777 Sec. 716. Establishment of Department of Defense system to track and record information on vaccine administration. Sec. 717. Exemption from required physical examination and mental health assessment for certain members of the reserve components. Sec. 718. Authorization of provision of instruction at Uniformed Services University of the Health Sciences to certain Federal employees. Sec. 719. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 720. Department of Defense standards for exemptions from mandatory COVID–19 vaccines. Sec. 721. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 722. Implementation of integrated product for management of population health across military health system. Sec. 723. Digital health strategy of Department of Defense. Sec. 724. Development and update of certain policies relating to military health system and integrated medical operations. Sec. 725. Mandatory training on health effects of burn pits. Sec. 726. Standardization of definitions used by the Department of Defense for terms related to suicide. Subtitle C— Reports and Other Matters Sec. 731. Modifications and reports related to military medical manning and medical billets. Sec. 732. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 733. Pilot program on cardiac screening at certain military service academies. Sec. 734. Pilot program on assistance for mental health appointment scheduling at military medical treatment facilities. Sec. 735. Prohibition on availability of funds for certain research connected to China. Sec. 736. Limitation on certain discharges solely on the basis of failure to obey lawful order to receive COVID–19 vaccine. Sec. 737. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 738. Independent review of suicide prevention and response at military installations. Sec. 739. Feasibility and advisability study on establishment of aeromedical squadron at Joint Base Pearl Harbor-Hickam. Sec. 740. Study on incidence of breast cancer among members of the Armed Forces serving on active duty. Sec. 741. GAO biennial study on Individual Longitudinal Exposure Record program. Sec. 742. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. Sec. 743. Study to determine need for a joint fund for Federal Electronic Health Record Modernization Office. Sec. 744. Briefing on domestic production of critical active pharmaceutical ingredients for national security purposes. Sec. 745. Briefing on substance abuse in the Armed Forces. Subtitle A—TRICARE and Other Health Care Benefits SEC. 701. EATING DISORDERS TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES AND DEPENDENTS.(a) Eating Disorders Treatment for Certain Dependents.—[Section 1079 of title 10, United States Code](/us/usc/t10/s1079), is amended—(1) in subsection (a), by adding at the end the following new paragraph:"“(18) Treatment for eating disorders may be provided in accordance with subsection (r).” "; and
(2)by adding at the end the following new subsection:"“(r)(1) The provision of health care services for an eating disorder under subsection (a)(18) may include the following services:135 STAT. 1778“(A) Outpatient services for in-person or telehealth care, including partial hospitalization services and intensive outpatient services. “(B) Inpatient services, which shall include residential services only if medically indicated for treatment of a primary diagnosis of an eating disorder. “(2) A dependent provided health care services for an eating disorder under subsection (a)(18) shall be provided such services without regard to—“(A) the age of the dependent, except with respect to residential services under paragraph (1)(B), which may be provided only to a dependent who is not eligible for hospital insurance benefits under part A of title XVIII of the Social Security Act ([42 U.S.C. 1395c et seq.](/us/usc/t42/s1395c/etseq)); and “(B) except as otherwise specified in paragraph (1)(B), whether the eating disorder is the primary or secondary diagnosis of the dependent. “(3) Definition.In this section, the term ‘**eating disorder**’ has the meaning given the term ‘**feeding and eating disorders**’ in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (or successor edition), published by the American Psychiatric Association.” ".
(b)Limitation With Respect to Retirees.—(1) In general.—[Section 1086(a) of title 10, United States Code](/us/usc/t10/s1086/a), is amended by inserting “and (except as provided in subsection (i)) treatments for eating disorders” after “eye examinations”.
(2)Exception.—Such section is further amended by adding at the end the following new subsection:"“(i) If, prior to October 1, 2022, a category of persons covered by this section was eligible to receive a specific type of treatment for eating disorders under a plan contracted for under subsection (a), the general prohibition on the provision of treatments for eating disorders specified in such subsection shall not apply with respect to the provision of the specific type of treatment to such category of persons.” ".
(c)Identification and Treatment of Eating Disorders for Members of the Armed Forces.—(1) In general.—[Chapter 55 of title 10, United States Code](/us/usc/t10/ch55), is amended by—(A) redesignating section 1090a as section 1090b; and
(B)inserting after section 1090 the following new section:"“§ 1090a.[10 USC 1090a](/us/usc/t10/s1090a). Identifying and treating eating disorders.“(a) Regulations.Procedures.Identification, Treatment, and Rehabilitation.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe regulations, implement procedures using each practical and available method, and provide necessary facilities to identify, treat, and rehabilitate members of the armed forces who have an eating disorder. “(b) Definition. Facilities Available.—(1) In this section, the term ‘**necessary facilities**’ includes facilities that provide the services specified in section 1079(r)(1) of this title. “(2) Consistent with section 1079(r)(1)(B) of this title, residential services shall be provided to a member pursuant to this section only if the member has a primary diagnosis of an eating disorder 135 STAT. 1779 and treatment at such facility is medically indicated for treatment of that eating disorder. “(c) Eating Disorder Defined.—In this section, the term ‘**eating disorder**’ has the meaning given that term in section 1079(r) of this title.” ".
(2)Clerical amendment.—The table of sections at the beginning of [chapter 55 of title 10, United States Code](/us/usc/t10/ch55)[10 USC ](/us/usc/t10)prec. 1071., is amended by striking the item relating to section 1090a and inserting the following new items:" “1090a. Identifying and treating eating disorders. “1090b. Commanding officer and supervisor referrals of members for mental health evaluations.”. "
(d)[10 USC 1079 note](/us/usc/t10/s1079).Effective Date.—The amendments made by this section shall take effect on October 1, 2022. SEC. 702. ADDITION OF PRECONCEPTION AND PRENATAL CARRIER SCREENING COVERAGE AS BENEFITS UNDER TRICARE PROGRAM. [Section 1079(a) of title 10, United States Code](/us/usc/t10/s1079/a), as amended by section 701, is further amended by adding at the end the following new paragraph:"“(19) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions:“(A) Cystic Fibrosis. “(B) Spinal Muscular Atrophy. “(C) Fragile X Syndrome. “(D) Tay-Sachs Disease. “(E) Hemoglobinopathies. “(F) Conditions linked with Ashkenazi Jewish descent.” ". SEC. 703. REVISIONS TO TRICARE PROVIDER NETWORKS.(a) TRICARE Select.—[Section 1075 of title 10, United States Code](/us/usc/t10/s1075), is amended—(1) by redesignating subsection
(h)as subsection (i); and
(2)by inserting after subsection
(g)the following new subsection (h):"“(h) Authority for Multiple Networks in the Same Geographic Area.—(1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas. “(2) Under a system established under paragraph (1), the Secretary may—“(A) Requirements.require a covered beneficiary enrolling in TRICARE Select to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Select provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program; and “(B) include beneficiaries covered by subsection (c)(2).” ".
(b)TRICARE Prime.—Section 1097a of such title is amended—(1) by redesignating subsection
(e)as subsection (f); and135 STAT. 1780
(2)by inserting after subsection
(d)the following new subsection (e):"“(e) Authority for Multiple Networks in the Same Geographic Area.—(1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas. “(2) Requirements.Under a system established under paragraph (1), the Secretary may require a covered beneficiary enrolling in TRICARE Prime to enroll in a specific provider network established pursuant to such system, in which case any provider not in that specific provider network shall be deemed an out-of-network provider with respect to the covered beneficiary (regardless of whether the provider is in a different TRICARE Prime provider network) for purposes of this section or any other provision of law limiting the coverage or provision of health care services to those provided by network providers under the TRICARE program.” ". SEC. 704. SELF-INITIATED REFERRAL PROCESS FOR MENTAL HEALTH EVALUATIONS OF MEMBERS OF THE ARMED FORCES. [Section 1090a of title 10, United States Code](/us/usc/t10/s1090a), is amended—(1) in subsection (c), by inserting “or is required to make such a referral pursuant to the process described in subsection (e)(1)(A)” after “mental health evaluation”;
(2)by redesignating subsection
(e)as subsection (g); and
(3)by inserting after subsection
(d)the following new subsections:"“(e) Self-initiated Referral Process.—(1) The regulations required by subsection
(a)shall, with respect to a member of the armed forces—“(A) provide for a self-initiated process that enables the member to trigger a referral for a mental health evaluation by requesting such a referral from a commanding officer or supervisor who is in a grade above E-5; “(B) ensure the function of the process described in subparagraph
(A)by—“(i) Requirement.requiring the commanding officer or supervisor of the member to refer the member to a mental health provider for a mental health evaluation as soon as practicable following the request of the member (including by providing to the mental health provider the name and contact information of the member and providing to the member the date, time, and place of the scheduled mental health evaluation); and “(ii) ensure the member may request a referral pursuant to subparagraph
(A)on any basis (including on the basis of a concern relating to fitness for duty, occupational requirements, safety issues, significant changes in performance, or behavioral changes that may be attributable to possible changes in mental status); and “(C) ensure that the process described in subparagraph (A)—“(i) reduces stigma in accordance with subsection (b), including by treating referrals for mental health evaluations made pursuant to such process in a manner similar to referrals for other medical services, to the maximum extent practicable; and135 STAT. 1781 “(ii) protects the confidentiality of the member to the maximum extent practicable, in accordance with requirements for the confidentiality of health information under the Health Insurance Portability and Accountability Act of 1996 ([Public Law 104–191](/us/pl/104/191)) and applicable privacy laws. “(2) In making a referral for an evaluation of a member of the armed forces triggered by a request made pursuant to the process described in paragraph (1)(A), if the member has made such a request on the basis of a concern that the member is a potential or imminent danger to self or others, the commanding officer or supervisor of the member shall observe the following principles:“(A) Determination.With respect to safety, if the commander or supervisor determines the member is exhibiting dangerous behavior, the first priority of the commander or supervisor shall be to ensure that precautions are taken to protect the safety of the member, and others, prior to the arrival of the member at the location of the evaluation. “(B) With respect to communication, prior to such arrival, the commander or supervisor shall communicate to the provider to which the member is being referred (in a manner and to an extent consistent with paragraph (1)(C)(ii)), information on the circumstances and observations that led to—“(i) the member requesting the referral; and “(ii) the commander or supervisor making such referral based on the request. “(f) Annual Training Requirement.—On an annual basis, each Secretary concerned shall provide to the members of the Armed Forces under the jurisdiction of such Secretary a training on how to recognize personnel who may require mental health evaluations on the basis of the individual being an imminent danger to self or others, as demonstrated by the behavior or apparent mental state of the individual.” ". SEC. 705. MODIFICATIONS TO PILOT PROGRAM ON HEALTH CARE ASSISTANCE SYSTEM. Section 731(d) of the National Defense Authorization Act for Fiscal Year 2018 ([10 U.S.C. 1075 note](/us/usc/t10/s1075)) is amended—(1) in the matter preceding paragraph (1), by striking “January 1, 2021” and inserting “November 1, 2022”;
(2)in paragraph (1), by striking “; and” and inserting a semicolon;
(3)in paragraph (2), by striking the period and inserting “; and”; and
(4)by adding at the end the following new paragraph:"“(3) input from covered beneficiaries who have participated in the pilot program regarding their satisfaction with, and any benefits attained from, such participation.” ". SEC. 706. MODIFICATION OF PILOT PROGRAM ON RECEIPT OF NON-GENERIC PRESCRIPTION MAINTENANCE MEDICATIONS UNDER TRICARE PHARMACY BENEFITS PROGRAM. Section 706 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended—(1) in subsection (a)(1), by striking “may carry out” and inserting “shall carry out”;135 STAT. 1782
(2)in subsection (b), by striking “March 1, 2021” and inserting “March 1, 2022”;[10 USC 1074g note](/us/usc/t10/s1074g).
(3)by redesignating subsections (e), (f), and
(g)as subsections (f), (g), and (h), respectively;
(4)by inserting after subsection
(d)the following new subsection (e):"“(e) Reimbursement.—If the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under [section 1074g of title 10, United States Code](/us/usc/t10/s1074g), for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs.” "; and
(5)in subsection (f), as redesignated by paragraph (3)—(A) by striking paragraph
(1)and inserting the following new paragraph (1):"“(1) Deadline.Briefing.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program.” "; and
(B)in paragraph (3)(A), by striking “March 1, 2024” and inserting “March 1, 2025”. SEC. 707. Deadlines.[10 USC 1071 note](/us/usc/t10/s1071).IMPROVEMENT OF POSTPARTUM CARE FOR MEMBERS OF THE ARMED FORCES AND DEPENDENTS.(a) Clinical Practice Guidelines for Postpartum Care in Military Medical Treatment Facilities.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish clinical practice guidelines for the provision of postpartum care in military medical treatment facilities. Such guidelines shall take into account the recommendations of established professional medical associations and address the following matters:(1) Assessments.Postpartum mental health assessments, including the appropriate intervals for furnishing such assessments and screening questions for such assessments (including questions relating to postpartum anxiety and postpartum depression).
(2)Evaluations.Consultations.Pelvic health evaluation and treatment, including the appropriate timing for furnishing a medical evaluation for pelvic health, considerations for providing consultations for physical therapy for pelvic health (including pelvic floor health), and the appropriate use of telehealth services.
(3)Pelvic health rehabilitation services.
(4)Obstetric hemorrhage treatment, including through the use of pathogen reduced resuscitative products.
(b)Policy on Scheduling of Appointments for Postpartum Health Care Services.—(1) Policy required.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a policy for the scheduling of appointments for postpartum health care services in military medical treatment facilities. In developing the policy, the Secretary shall consider the extent 135 STAT. 1783 to which it is appropriate to facilitate concurrent scheduling of appointments for postpartum care with appointments for well-baby care.
(2)Evaluation.Pilot program authorized.—The Secretary may carry out a pilot program in one or more military medical treatment facilities to evaluate the effect of concurrent scheduling, to the degree clinically appropriate, of the appointments specified in paragraph (1).
(c)Policy on Postpartum Physical Fitness Tests and Body Composition Assessments.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a policy, which shall be standardized across each Armed Force to the extent practicable, for the time periods after giving birth that a member of the Armed Forces (including the reserve components) may be excused from, or provided an alternative to, a physical fitness test or a body composition assessment.
(d)Briefing.—Not later than 270 days after the date of enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the requirements under this section. Subtitle B—Health Care Administration SEC. 711. MODIFICATION OF CERTAIN DEFENSE HEALTH AGENCY ORGANIZATION REQUIREMENTS. [Section 1073c(c)(5) of title 10, United States Code](/us/usc/t10/s1073c/c/5), is amended by striking “paragraphs
(1)through (4)” and inserting “paragraph
(3)or (4)”. SEC. 712. REQUIREMENT FOR CONSULTATIONS RELATING TO MILITARY MEDICAL RESEARCH AND DEFENSE HEALTH AGENCY RESEARCH AND DEVELOPMENT.(a) Consultations Required.—[Section 1073c of title 10, United States Code](/us/usc/t10/s1073c), as amended by section 711, is further amended—(1) by redesignating subsections
(f)and
(g)as subsections
(g)and (h), respectively; and
(2)by inserting after subsection
(e)the following new subsection:"“(f) Consultations on Medical Research of Military Departments.—In Time period.Plans.establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.” ".
(b)Plans.[10 USC 1073c note](/us/usc/t10/s1073c).Requirements for Consultations.—The Secretary of Defense shall ensure that consultations are carried out under [section 1073c(f) of title 10, United States Code](/us/usc/t10/s1073c/f) (as added by subsection (a)), to include the plans of each military department to ensure a comprehensive transition of any military medical research organizations of the military department with respect to the establishment of the Defense Health Agency Research and Development.135 STAT. 1784
(c)Deadline for Initial Consultations.—Initial consultations shall be carried out under [section 1073c(f) of title 10, United States Code](/us/usc/t10/s1073c/f) (as added by subsection (a)), with each military department by not later than March 1, 2022. SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND ABUSE IN THE MILITARY HEALTH SYSTEM.(a) In General.—[Chapter 55 of title 10, United States Code](/us/usc/t10/ch55), is amended by inserting after section 1073e the following new section:"“§ 1073f. [10 USC 1073f](/us/usc/t10/s1073f).Health care fraud and abuse prevention program“(a) Program Authorized.—(1) The Secretary of Defense may carry out a program under this section to prevent and remedy fraud and abuse in the health care programs of the Department of Defense. “(2) At the discretion of the Secretary, such program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency. “(3) In carrying out such program, the authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act ([42 U.S.C. 1320a–7a(m)](/us/usc/t42/s1320a–7a/m)) shall be available to the Secretary and the Inspector General. “(b) Civil Monetary Penalties.—(1) Applicability.Except as provided in paragraph (2), the provisions of section 1128A of the Social Security Act ([42 U.S.C. 1320a–7a](/us/usc/t42/s1320a–7a)) shall apply with respect to any civil monetary penalty imposed in carrying out the program authorized under subsection (a). “(2) Consistent with section 1079a of this title, amounts recovered in connection with any such civil monetary penalty imposed—“(A) shall be credited to appropriations available as of the time of the collection for expenses of the health care program of the Department of Defense affected by the fraud and abuse for which such penalty was imposed; and “(B) may be used to support the administration of the program authorized under subsection (a), including to support any interagency agreements entered into under subsection (d). “(c) Contracts.Interagency Agreements.—The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services, the Attorney General, or the heads of other Federal agencies, for the effective and efficient implementation of the program authorized under subsection (a). “(d) Rule of Construction.—Joint administration of the program authorized under subsection
(a)may not be construed as limiting the authority of the Inspector General of the Department of Defense under any other provision of law. “(e) Fraud and Abuse Defined.—In this section, the term ‘**fraud and abuse**’ means any conduct specified in subsection
(a)or
(b)of section 1128A of the Social Security Act ([42 U.S.C. 1320a–7a](/us/usc/t42/s1320a–7a)).” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 1071. is amended by inserting after the item relating to section 1073e the following new item:" “1073f. Health care fraud and abuse prevention program.”. "135 STAT. 1785 SEC. 714. AUTHORITY OF SECRETARY OF DEFENSE AND SECRETARY OF VETERANS AFFAIRS TO ENTER INTO AGREEMENTS FOR PLANNING, DESIGN, AND CONSTRUCTION OF FACILITIES TO BE OPERATED AS SHARED MEDICAL FACILITIES.(a) Authority of Secretary of Defense.—(1) In general.—[Chapter 55 of title 10, United States Code](/us/usc/t10/ch55), is amended by inserting after section 1104 the following new section:"“§ 1104a.[10 USC 1104a](/us/usc/t10/s1104a). Shared medical facilities with Department of Veterans Affairs“(a) Contracts.Agreements.—Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. “(b) Transfer of Funds by Secretary of Defense.—(1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:“(A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if—“(i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and “(ii) the other requirements of such section have been met with respect to funds identified for transfer. “(B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. “(2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. “(3) Section 2215 of this title does not apply to a transfer of funds under this subsection. “(c) Transfer of Funds to Secretary of Defense.—(1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. “(2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. “(3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. “(d) Merger of Amounts Transferred.—Any amount transferred to the Secretary of Veterans Affairs under subsection
(b)and any amount transferred to the Secretary of Defense under subsection
(c)shall be merged with and available for the same 135 STAT. 1786 purposes and the same period as the appropriation or fund to which transferred. “(e) Appropriation in Advance.—Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. “(f) Shared Medical Facility Defined.—In this section, the term ‘**shared medical facility**’—“(1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and “(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.” ".
(2)Clerical amendment.—The table of sections at the beginning of chapter 55 of such title[10 USC ](/us/usc/t10)prec. 1071. is amended by inserting after the item relating to section 1104 the following new item:" “1104a. Shared medical facilities with Department of Veterans Affairs.”. "
(b)Authority of Secretary of Veterans Affairs.—(1) In general.—[Chapter 81 of title 38, United States Code](/us/usc/t38/ch81), is amended by inserting after section 8111A the following new section:"“§ 8111B.[38 USC 8111B](/us/usc/t38/s8111B). Shared medical facilities with Department of Defense“(a) Contracts.Agreements.—The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. “(b) Transfer of Funds by Secretary of Veterans Affairs.—(1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for ‘Construction, minor projects’ for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. “(2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for ‘Construction, major projects’ for use for the planning, design, or construction of a shared medical facility if—“(A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and “(B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. “(c) Transfer of Funds to Secretary of Veterans Affairs.—(1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of 135 STAT. 1787 Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the ‘Construction, minor projects’ account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. “(2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the ‘Construction, major projects’ account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. “(d) Merger of Amounts Transferred.—Any amount transferred to the Secretary of Defense under subsection
(b)and any amount transferred to the Secretary of Veterans Affairs under subsection
(c)shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. “(e) Appropriation in Advance.—Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. “(f) Shared Medical Facility Defined.—In this section, the term ‘**shared medical facility**’—“(1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and “(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.” ".
(2)Clerical amendment.—The table of sections at the beginning of subchapter I of chapter 81 of such title38 USCprec. 8010. is amended by inserting after the item relating to section 8111A the following new item:" “8111B. Shared medical facilities with Department of Defense.”. " SEC. 715. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND. Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [123 Stat. 2567](/us/stat/123/2567)), as most recently amended by section 743 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[134 Stat. 3708](/us/stat/134/3708). is amended by striking “September 30, 2022” and inserting “September 30, 2023”.135 STAT. 1788 SEC. 716. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO TRACK AND RECORD INFORMATION ON VACCINE ADMINISTRATION.(a) Establishment of System.—[Section 1110 of title 10, United States Code](/us/usc/t10/s1110), is amended—(1) by redesignating subsections
(a)and
(b)as subsections
(b)and (c), respectively; and
(2)by inserting after the heading the following new subsection:"“(a) Overall System to Track and Record Vaccine Information.—(1) Consultation.Coordination.The Secretary of Defense, in consultation with the Director of the Defense Health Agency and in coordination with the Secretaries of the military departments, shall establish a system to track and record the following information:“(A) Each vaccine administered by a health care provider of the Department of Defense to a member of an armed force under the jurisdiction of the Secretary of a military department. “(B) Any adverse reaction of the member related to such vaccine. “(C) Each refusal by such a member of any vaccine that is being so administered, including vaccines licensed by the Food and Drug Administration under section 351 of the Public Health Service Act ([42 U.S.C. 262](/us/usc/t42/s262)) and vaccines otherwise approved or authorized. “(D) Each refusal by such a member of a vaccine on the basis that the vaccine is being administered by a health care provider of the Department pursuant to an emergency use authorization granted by the Commissioner of Food and Drugs under section 564 of the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 360bbb–3](/us/usc/t21/s360bbb–3)). “(E) Each refusal by such a member of an investigational new drug or a drug unapproved for its applied use that is being administered pursuant to a request or requirement of the Secretary of Defense and with respect to which the President has granted a waiver of the prior consent requirement pursuant to section 1107(f)(1) of this title. “(2) In carrying out paragraph (1), the Secretary of Defense shall ensure that—“(A) Updates.any electronic health record maintained by the Secretary for a member of an armed force under the jurisdiction of the Secretary of a military department is updated with the information specified in such paragraph with respect to the member; “(B) Determination.any collection, storage, or use of such information is conducted through means involving such cyber protections as the Secretary determines necessary to safeguard the personal information of the member; and “(C) the system established under such paragraph is interoperable and compatible with the electronic health record system known as ‘MHS GENESIS’, or such successor system.” ".
(b)Conforming Amendments.—Such section is further amended—(1) in the heading, by striking “**Anthrax vaccine immunization program; procedures for exemptions and monitoring reactions**” and inserting “**System for tracking and recording vaccine information; anthrax vaccine immunization program**”;135 STAT. 1789
(2)in subsection (b), as redesignated by subsection (a)(1)—(A) in the heading, by inserting “From Anthrax Vaccine Immunization Program” after “Exemptions” ; and
(B)by striking “Secretary of Defense” and inserting “Secretary”; and
(3)in the heading of subsection (c), as redesignated by subsection (a)(1), by inserting “to Anthrax Vaccine” after “Reactions”.
(c)Clerical Amendment.—The table of sections for [chapter 55 of title 10, United States Code](/us/usc/t10/ch55),10 USCprec. 1071. is amended by striking the item relating to section 1110 and inserting the following new item:" “1110. System for tracking and recording vaccine information; anthrax vaccine immunization program.”. "
(d)[10 USC 1110 note](/us/usc/t10/s1110).Deadline for Establishment of System.—The Secretary of Defense shall establish the system under [section 1110 of title 10, United States Code](/us/usc/t10/s1110), as added by subsection (a), by not later than January 1, 2023.
(e)Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the administration of vaccines to members of the Armed Forces under the jurisdiction of the Secretary of a military department and on the status of establishing the system under [section 1110(a) of title 10, United States Code](/us/usc/t10/s1110/a) (as added by subsection (a)). Such report shall include information on the following:(1) The process by which such members receive vaccines, and the process by which the Secretary tracks, records, and reports on, vaccines received by such members (including with respect to any transfers by a non-Department provider to the Department of vaccination records or other medical information of the member related to the administration of vaccines by the non-Department provider).
(2)The storage of information related to the administration of vaccines in the electronic health records of such members, and the cyber protections involved in such storage, as required under such [section 1110(a)(2) of title 10, United States Code](/us/usc/t10/s1110/a/2).
(3)The general process by which medical information of beneficiaries under the TRICARE program is collected, tracked, and recorded, including the process by which medical information from providers contracted by the Department or from a State or local department of health is transferred to the Department and associated with records maintained by the Secretary.
(4)Recommenda-tions.Any gaps or challenges relating to the vaccine administration process of the Department and any legislative or budgetary recommendations to address such gaps or challenges.
(f)Definitions.—In this section:(1) The term “**military departments**” has the meaning given such term in [section 101 of title 10, United States Code](/us/usc/t10/s101).
(2)The term “**TRICARE program**” has the meaning given such term in section 1072 of such title. SEC. 717. EXEMPTION FROM REQUIRED PHYSICAL EXAMINATION AND MENTAL HEALTH ASSESSMENT FOR CERTAIN MEMBERS OF THE RESERVE COMPONENTS. [Section 1145(a)(5) of title 10, United States Code](/us/usc/t10/s1145/a/5) is amended—135 STAT. 1790(1) in subparagraph (A), by striking “The Secretary” and inserting “Except as provided in subparagraph (D), the Secretary”; and
(2)by adding at the end the following new subparagraph:"“(D) The requirement for a physical examination and mental health assessment under subparagraph
(A)shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.” ". SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES TO CERTAIN FEDERAL EMPLOYEES. [Section 2114(h) of title 10, United States Code](/us/usc/t10/s2114/h), is amended—(1) by striking “The Secretary of Defense” and inserting “(1) The Secretary of Defense, in coordination with the Secretary of Health and Human Services and the Secretary of Veterans Affairs,”; and
(2)by adding at the end the following new paragraph:"“(2)(A) A covered employee whose employment or service with the Department of Veterans Affairs, Public Health Service, or Coast Guard (as applicable) is in a position relevant to national security or health sciences may receive instruction at the University within the scope of such employment or service. “(B) Reimbursement.If a covered employee receives instruction at the University pursuant to subparagraph (A), the head of the Federal agency concerned shall reimburse the University for the cost of providing such instruction to the covered employee. Amounts received by the University under this subparagraph shall be retained by the University to defray the costs of such instruction. “(C) Determination.Notwithstanding subsections
(b)through
(e)and subsection (i), the head of the Federal agency concerned shall determine the service obligations of the covered employee receiving instruction at the University pursuant to subparagraph
(A)in accordance with applicable law. “(D) Definitions.In this paragraph—“(i) the term ‘**covered employee**’ means an employee of the Department of Veterans Affairs, a civilian employee of the Public Health Service, a member of the commissioned corps of the Public Health Service, a member of the Coast Guard, or a civilian employee of the Coast Guard; and “(ii) the term ‘**head of the Federal agency concerned**’ means the head of the Federal agency that employs, or has jurisdiction over the uniformed service of, a covered employee permitted to receive instruction at the University under subparagraph
(A)in the relevant position described in such subparagraph.” ". SEC. 719. REMOVAL OF REQUIREMENT FOR ONE YEAR OF PARTICIPATION IN CERTAIN MEDICAL AND LIFESTYLE INCENTIVE PROGRAMS OF THE DEPARTMENT OF DEFENSE TO RECEIVE BENEFITS UNDER SUCH PROGRAMS. Section 729 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 1073 note](/us/usc/t10/s1073)) is amended—(1) in subsection (a)(1), by striking “in the previous year”;
(2)in subsection (b), by striking “in the previous year”; and
(3)in subsection (c), by striking “in the previous year”.135 STAT. 1791 SEC. 720. [10 USC 1110 note](/us/usc/t10/s1110).DEPARTMENT OF DEFENSE STANDARDS FOR EXEMPTIONS FROM MANDATORY COVID–19 VACCINES.(a) Standards.—The Secretary of Defense shall establish uniform standards under which covered members may be exempted from receiving an otherwise mandated COVID–19 vaccine for administrative, medical, or religious reasons.
(b)Definitions.—In this section:(1) The term “**covered member**” means a member of an Armed Force under the jurisdiction of the Secretary of a military department.
(2)The term “**COVID–19 vaccine**” means any vaccine for the coronavirus disease 2019 (COVID–19), including any subsequent booster shot for COVID–19. SEC. 721. Deadlines.[10 USC 1073d note](/us/usc/t10/s1073d).ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR ENHANCED TREATMENT OF OCULAR INJURIES.(a) In General.—Not later than October 1, 2023, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of—(1) ocular wounds or injuries; and
(2)vision dysfunction related to traumatic brain injury.
(b)Location of Centers.—Each center of excellence established under subsection
(a)shall be located at a military medical center that provides graduate medical education in ophthalmology and related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located.
(c)Public information.Web posting.Policies for Referral of Beneficiaries.—Not later than October 1, 2023, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection
(a)for evaluation and treatment.
(d)Identification of Medical Personnel Billets and Staffing.—The Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection
(a)are staffed with such personnel at the level required for the enduring medical support of each such center.
(e)Briefing.—Not later than December 31, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that—(1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each such center;
(2)describes the referral policy published by the Defense Health Agency under subsection (c);
(3)identifies the medical personnel billets identified under subsection (d); and
(4)Plan.provides a plan for the staffing of personnel at such centers to ensure the enduring medical support of each such center.135 STAT. 1792
(f)Military Medical Center Defined.—In this section, the term “**military medical center**” means a medical center described in [section 1073d(b) of title 10, United States Code](/us/usc/t10/s1073d/b). SEC. 722. Data.[10 USC 1071 note](/us/usc/t10/s1071).IMPLEMENTATION OF INTEGRATED PRODUCT FOR MANAGEMENT OF POPULATION HEALTH ACROSS MILITARY HEALTH SYSTEM.(a) Integrated Product.—The Secretary of Defense shall develop and implement an integrated product for the management of population health across the military health system. Such integrated product shall serve as a repository for the health care, demographic, and other relevant data of all covered beneficiaries, including with respect to data on health care services furnished to such beneficiaries through the purchased care and direct care components of the TRICARE program, and shall—(1) be compatible with the electronic health record system maintained by the Secretary for members of the Armed Forces;
(2)enable the collection and stratification of data from multiple sources to measure population health goals, facilitate disease management programs of the Department, improve patient education, and integrate wellness services across the military health system; and
(3)enable predictive modeling to improve health outcomes for patients and to facilitate the identification and correction of medical errors in the treatment of patients, issues regarding the quality of health care services provided, and gaps in health care coverage.
(b)Coordination.Considerations in Development.—In developing the integrated product under subsection (a), the Secretary shall harmonize such development with any policies of the Department relating to a digital health strategy (including the digital health strategy under section 723), coordinate with improvements to the electronic health record system specified in subsection (a)(1) to ensure the compatibility required under such subsection, and consider methods to improve beneficiary interface.
(c)Definitions.—In this section:(1) The terms “covered beneficiary” and “TRICARE program” have the meanings given such terms in [section 1072 of title 10, United States Code](/us/usc/t10/s1072).
(2)The term “**integrated product**” means an electronic system of systems (or solutions or products) that provides for the integration and sharing of data to meet the needs of an end user in a timely and cost-effective manner. SEC. 723. Deadlines.DIGITAL HEALTH STRATEGY OF DEPARTMENT OF DEFENSE.(a) Digital Health Strategy.—(1) Strategy.—Not later than April 1, 2022, the Secretary of Defense shall develop a digital health strategy of the Department of Defense to incorporate new and emerging technologies and methods (including three-dimensional printing, virtual reality, wearable devices, big data and predictive analytics, distributed ledger technologies, and other innovative methods that leverage new or emerging technologies) in the provision of clinical care within the military health system.
(2)Elements.—The strategy under paragraph
(1)shall address, with respect to future use within the military health system, the following:135 STAT. 1793(A) Emerging technology to improve the delivery of clinical care and health services.
(B)Emerging technology to improve the patient experience in matters relating to medical case management, appointing, and referrals in both the direct care and purchased care components of the TRICARE program, as such term is defined in [section 1072 of title 10, United States Code](/us/usc/t10/s1072).
(C)Design thinking to improve the delivery of clinical care and health services.
(D)Advanced clinical decision support systems.
(E)Simulation technologies for clinical training (including through simulation immersive training) and clinical education, and for the training of health care personnel in the adoption of emerging technologies for clinical care delivery.
(F)Wearable devices.
(G)Three-dimensional printing and related technologies.
(H)Data-driven decision making, including through the use of big data and predictive analytics, in the delivery of clinical care and health services.
(b)Briefing.—Not later than July 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing setting forth—(1) the strategy under subsection (a); and
(2)Plan.Timeline.Cost estimates.a plan to implement such strategy, including the estimated timeline and cost for such implementation. SEC. 724. Deadlines.[10 USC 1096 note](/us/usc/t10/s1096).DEVELOPMENT AND UPDATE OF CERTAIN POLICIES RELATING TO MILITARY HEALTH SYSTEM AND INTEGRATED MEDICAL OPERATIONS.(a) Coordination.In General.—By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows:(1) Updated plan on integrated medical operations in continental united states.—The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled “National Disaster Medical System (NDMS)” (or such successor instruction) accordingly. Such updated plan shall—(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1817](/us/stat/132/1817));
(B)include an updated bed plan, to include bed space available through the military health system and through hospitals participating in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ([42 U.S.C. 300hh–11](/us/usc/t42/s300hh–11));
(C)Determination.Risk analysis.include a determination as to whether combat casualties should receive medical care under the direct care 135 STAT. 1794 or purchased care component of the military health system and a risk analysis in support of such determination;
(D)identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and
(E)Cost estimate.include a cost estimate for the furnishment of such medical care.
(2)Updated plan on global patient movement.—The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall—(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1817](/us/stat/132/1817));
(B)Risk assessment.include a risk assessment with respect to patient movement compared against overall operational plans;
(C)include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed;
(D)identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan; and
(E)address airlift capability, medical evacuation capability, and access to ports of embarkation.
(3)Assessment of biosurveillance and medical research capabilities.—The Secretary of Defense shall conduct an assessment of the biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following:(A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department.
(B)An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research.
(C)Determination.A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.
(D)The current biosurveillance and medical research capabilities of the Department.
(E)The current manning levels of the biosurveillance and medical research entities of the Department, including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense).135 STAT. 1795
(F)The current funding levels of such entities, including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (E).
(b)Coordination.Interim Briefing.—Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans and assessment required under subsection (a).
(c)Report.—Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan and assessment required under subsection (a). SEC. 725. [10 USC 1071 note](/us/usc/t10/s1071).MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS. The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits. SEC. 726. Deadlines.[10 USC 101 note](/us/usc/t10/s101).STANDARDIZATION OF DEFINITIONS USED BY THE DEPARTMENT OF DEFENSE FOR TERMS RELATED TO SUICIDE.(a) Coordination.Standardization of Definitions.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop standardized definitions for the following terms:(1) “Suicide”.
(2)“Suicide attempt”.
(3)“Suicidal ideation”.
(b)Required Use of Standardized Definitions.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue policy guidance requiring the exclusive and uniform use across the Department of Defense and within each military department of the standardized definitions developed under subsection
(a)for the terms specified in such subsection.
(c)Briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that sets forth the standardized definitions developed under subsection
(a)and includes—(1) a description of the process that was used to develop such definitions;
(2)a description of the methods by which data shall be collected on suicide, suicide attempts, and suicidal ideations (as those terms are defined pursuant to such definitions) in a standardized format across the Department and within each military department; and
(3)Plan.an implementation plan to ensure the use of such definitions as required pursuant to subsection (b). Subtitle C—Reports and Other Matters SEC. 731. MODIFICATIONS AND REPORTS RELATED TO MILITARY MEDICAL MANNING AND MEDICAL BILLETS.(a) Military Medical Manning and Medical Billets.—135 STAT. 1796
(1)Modifications to limitation on reduction or realignment.—Section 719 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1454](/us/stat/133/1454)), as amended by section 717 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[134 Stat. 3695](/us/stat/134/3695). is further amended—(A) in subsection (a), by striking “180 days following the date of the enactment of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021” and inserting “the year following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”; and
(B)in subsection (b)(1), by inserting “, including any billet validation requirements determined pursuant to estimates provided in the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232)),” after “requirements of the military department of the Secretary”.
(2)GAO report on reduction or realignment of military medical manning and medical billets.—(A) Report.—Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments.
(B)Assessments.Elements.—The report under subparagraph
(A)shall include the following:(i) Analysis.Determination.An analysis of the use of the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1817](/us/stat/132/1817)) and wartime scenarios to determine military medical manpower requirements, including with respect to pandemic influenza and homeland defense missions.
(ii)An assessment of whether the Secretaries of the military departments have used the processes under section 719(b) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1454](/us/stat/133/1454)) to ensure that a sufficient combination of skills, specialties, and occupations are validated and filled prior to the transfer of any medical billets of a military department to fill other military medical manpower needs.
(iii)An assessment of the effect of the reduction or realignment of such billets on local health care networks and whether the Director of the Defense Health Agency has conducted such an assessment in coordination with the Secretaries of the military departments.
(b)Assignment of Medical and Dental Personnel of the Military Departments to Military Medical Treatment Facilities.—(1) [10 USC 1073c note](/us/usc/t10/s1073c).Deadline for assignment.—The Secretaries of the military departments shall ensure that the Surgeons General 135 STAT. 1797 of the Armed Forces carry out fully the requirements of section 712(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [10 U.S.C. 1073c note](/us/usc/t10/s1073c)) by not later than September 30, 2022.
(2)Additional requirement for walter reed national military medical center.—(A) Time period.Assignment of military personnel.—For fiscal years 2023 through 2027, except as provided in subparagraph (B), the Secretary of Defense shall ensure that the Secretaries of the military departments assign to the Walter Reed National Military Medical Center sufficient military personnel to meet not less than 85 percent of the joint table of distribution in effect for such facility on December 23, 2016.
(B)Certification.Exception.—Subparagraph
(A)shall not apply to any fiscal year for which the Secretary of Defense certifies at the beginning of such fiscal year to the Committees on Armed Services of the Senate and the House of Representatives that notwithstanding the failure to meet the requirement under such paragraph, the Walter Reed National Military Medical Center is fully capable of carrying out all significant activities as the premier medical center of the military health system.
(3)Reports.—(A) Compliance.In general.—Not later than September 30, 2022, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the military department concerned with this subsection. Each such Effective dates.report shall include—(i) an accounting of the number of uniformed personnel and civilian personnel assigned to a military medical treatment facility as of October 1, 2019; and
(ii)a comparable accounting as of September 30, 2022.
(B)Explanation.—If the number specified in clause
(ii)of subparagraph
(A)is less than the number specified in clause
(i)of such subparagraph, the Secretary concerned shall provide a full explanation for the reduction. SEC. 732. [10 USC 1071 note](/us/usc/t10/s1071).ACCESS BY UNITED STATES GOVERNMENT EMPLOYEES AND THEIR FAMILY MEMBERS TO CERTAIN FACILITIES OF DEPARTMENT OF DEFENSE FOR ASSESSMENT AND TREATMENT OF ANOMALOUS HEALTH CONDITIONS.(a) Determination.Assessment.—The Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access for medical assessment, subject to space availability, to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary.
(b)Treatment.—With respect to an individual described in subsection
(a)diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection
(a)or otherwise, the Secretary of Defense shall furnish to the individual treatment for the condition or affliction, subject 135 STAT. 1798 to space availability, at the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary.
(c)Consultation.Deadline.Development of Process.—The Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection
(a)by not later than 60 days after the date of the enactment of this Act.
(d)Modification of Department of Defense Trauma Registry.—The Data.Secretary of Defense shall modify the Trauma Registry of the Department of Defense to include data on the demographics, condition-producing event, diagnosis and treatment, and outcomes of anomalous health conditions experienced by employees of the United States Government and their family members assessed or treated under this section, subject to an agreement by the employing agency and the consent of the employee. SEC. 733. [10 USC 7431 note](/us/usc/t10/s7431).PILOT PROGRAM ON CARDIAC SCREENING AT CERTAIN MILITARY SERVICE ACADEMIES.(a) Pilot Program.—The Secretary of Defense shall establish a pilot program to furnish mandatory electrocardiograms to individuals who have been admitted to a covered military service academy in connection with the military accession screening process, at no cost to such candidates.
(b)Termination date.Determination.Scope.—The scope of the pilot program under subsection
(a)shall include at least 25 percent of the incoming class of individuals who have been admitted to a covered military service academy during the first fall semester that follows the date of the enactment of this Act, and the pilot program shall terminate on the date on which the Secretary determines the military accession screening process for such class has concluded.
(c)Furnishing of Electrocardiograms.—In carrying out the pilot program under subsection (a), the Secretary shall furnish each mandatory electrocardiogram under the pilot program in a facility of the Department of Defense or by medical personnel within the military health system.
(d)Deadline.Briefing.—Not later than 180 days after the date on which the pilot program under subsection
(a)terminates, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program. Such briefing shall include the following:(1) The results of all electrocardiograms furnished to individuals under the pilot program, disaggregated by military service academy, race, and gender.
(2)The rate of significant cardiac issues detected pursuant to electrocardiograms furnished under the pilot program, disaggregated by military service academy, race, and gender.
(3)Costs.The cost of carrying out the pilot program.
(4)The number of individuals, if any, who were disqualified from admission based solely on the result of an electrocardiogram furnished under the pilot program.
(e)Covered Military Service Academy Defined.—In this section, the term “**covered military service academy**” does not 135 STAT. 1799 include the United States Coast Guard Academy or the United States Merchant Marine Academy. SEC. 734. Deadlines.[10 USC 1073 note](/us/usc/t10/s1073).PILOT PROGRAM ON ASSISTANCE FOR MENTAL HEALTH APPOINTMENT SCHEDULING AT MILITARY MEDICAL TREATMENT FACILITIES.(a) Time period.Pilot Program.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall commence a pilot program, to be carried out for at least a one-year period, to provide direct assistance for mental health appointment scheduling under the direct care and purchased care components of the TRICARE program, through facilities and clinics selected by the Secretary for participation in the pilot program in a number determined by the Secretary.
(b)Briefings.—(1) First briefing.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the nature of the pilot program under subsection (a).
(2)Final briefing.—Not later than 90 days after the date on which the pilot program under subsection
(a)terminates, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the pilot program. Assessments.Such briefing shall include an assessment of—(A) the effectiveness of the pilot program with respect to improved access to mental health appointments; and
(B)any barriers to scheduling mental health appointments under the pilot program observed by health care professionals or other individuals involved in scheduling such appointments.
(c)TRICARE Program Defined.—In this section, the term “**TRICARE program**” has the meaning given such term in [section 1072 of title 10, United States Code](/us/usc/t10/s1072). SEC. 735. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN RESEARCH CONNECTED TO CHINA.(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to fund any work to be performed by EcoHealth Alliance, Inc. in China on research supported by the government of China.
(b)Waiver.—The Secretary of Defense may waive the prohibition under subsection
(a)if the Secretary—(1) Determination.determines that the waiver is in the national security interests of the United States; and
(2)Deadline.not later than 14 days after granting the waiver, submits to the congressional defense committees a detailed justification for the waiver, including—(A) an identification of the Department of Defense entity obligating or expending the funds;
(B)an identification of the amount of such funds;
(C)an identification of the intended purpose of such funds;
(D)an identification of the recipient or prospective recipient of such funds (including any third-party entity recipient, as applicable);135 STAT. 1800
(E)an explanation for how the waiver is in the national security interests of the United States; and
(F)Determination.any other information the Secretary determines appropriate. SEC. 736. [10 USC note](/us/usc/t10)prec. 1161.LIMITATION ON CERTAIN DISCHARGES SOLELY ON THE BASIS OF FAILURE TO OBEY LAWFUL ORDER TO RECEIVE COVID–19 VACCINE.(a) Time period.Limitation.—During the period of time beginning on August 24, 2021, and ending on the date that is two years after the date of the enactment of this Act, any administrative discharge of a covered member, on the sole basis that the covered member failed to obey a lawful order to receive a vaccine for COVID–19, shall be—(1) an honorable discharge; or
(2)a general discharge under honorable conditions.
(b)Definitions.—In this section:(1) The terms “Armed Forces” and “military departments” have the meanings given such terms in [section 101 of title 10, United States Code](/us/usc/t10/s101).
(2)The term “**covered member**” means a member of an Armed Force under the jurisdiction of the Secretary of a military department. SEC. 737. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM.(a) Contracts.Agreement.—(1) In general.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “National Academies”) for the National Academies to carry out the activities described in subsections
(b)and (c).
(2)Deadline.Timing.—The Secretary shall seek to enter into the agreement described in paragraph
(1)not later than 60 days after the date of the enactment of this Act.
(b)Analysis by the National Academies.—(1) Recommenda-tions.Analysis.—Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies shall conduct an analysis of the effectiveness of the Department of Defense Comprehensive Autism Care Demonstration program (in this section referred to as the “demonstration program”) and develop recommendations for the Secretary based on such analysis.
(2)Elements.—The analysis conducted and recommendations developed under paragraph
(1)shall include the following:(A) Assessment.Determination.An assessment of all methods used to assist in the assessment of domains related to autism spectrum disorder, including a determination as to whether the Secretary is applying such methods appropriately under the demonstration project.
(B)Assessment.An assessment of the methods used under the demonstration project to measure the effectiveness of applied behavior analysis in the treatment of autism spectrum disorder.
(C)Reviews.A review of any guidelines or industry standards of care adhered to in the provision of applied behavior 135 STAT. 1801 analysis services under the demonstration program, including a review of the effects of such adherence with respect to dose-response or health outcomes for an individual who has received such services.
(D)Review.A review of the health outcomes for an individual who has received applied behavior analysis treatments over time.
(E)An analysis of the increased utilization of the demonstration program by beneficiaries under the TRICARE program, to improve understanding of such utilization.
(F)Such other analyses to measure the effectiveness of the demonstration program as may be determined appropriate by the National Academies.
(G)An analysis on whether the incidence of autism is higher among the children of military families.
(H)List.Recommenda-tions.The development of a list of recommendations related to the measurement, effectiveness, and increased understanding of the demonstration program and its effect on beneficiaries under the TRICARE program.
(c)Report.—Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than nine months after the date of the execution of the agreement, shall—(1) submit to the congressional defense committees a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and
(2)Public information.Web posting.make such report available on a public website in unclassified form. SEC. 738. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND RESPONSE AT MILITARY INSTALLATIONS.(a) Deadline.Establishment of Committee.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish an independent suicide prevention and response review committee.
(b)Membership.—The committee established under subsection
(a)shall be composed of not fewer than five individuals—(1) Designations.designated by the Secretary;
(2)with expertise determined to be relevant by the Secretary, including at least one individual who is an experienced provider of mental health services; and
(3)none of whom may be a member of an Armed Force or a civilian employee of the Department of Defense.
(c)Selection of Military Installations.—(1) Review.In general.—The Secretary shall select, for review by the committee established under subsection (a), at least one military installation under the jurisdiction of each military department.
(2)Inclusion of remote installation.—The Secretary shall ensure that, of the total military installations selected for review under paragraph (1), at least one such installation is a remote installation of the Department of Defense located outside the contiguous United States.
(d)Duties.—The committee established under subsection
(a)shall review the suicide prevention and response programs and other factors that may contribute to the incidence or prevention 135 STAT. 1802 of suicide at the military installations selected for review pursuant to subsection (c). Such review shall be conducted through means including—(1) a confidential survey;
(2)focus groups; and
(3)individual interviews.
(e)Coordination.—In carrying out this section, the Secretary shall ensure that the Director of the Office of People Analytics of the Department of Defense and the Director of the Office of Force Resiliency of the Department of Defense coordinate and cooperate with the committee established under subsection (a).
(f)Reports.—(1) Recommenda-tions.Report to secretary.—Not later than 270 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Secretary a report containing the results of the reviews conducted by the committee and recommendations of the committee to reduce the incidence of suicide at the military installations reviewed.
(2)Report to congress.—Not later than 330 days after the date of the establishment of the committee under subsection (a), the committee shall submit to the Committees on Armed Services of the House of Representatives and the Senate the report under paragraph (1).
(g)Termination.—The committee established under subsection
(a)shall terminate on a date designated by the Secretary as the date on which the work of the committee has been completed.
(h)Nonapplicability of FACA.—The Federal Advisory Committee Act ([5 U.S.C. App.](/us/usc/t5/app)) shall not apply to the committee established under subsection (a). SEC. 739. Hawaii.Deadlines.FEASIBILITY AND ADVISABILITY STUDY ON ESTABLISHMENT OF AEROMEDICAL SQUADRON AT JOINT BASE PEARL HARBOR-HICKAM.(a) Consultation.Study.—Not later than April 1, 2022, the Secretary of Defense, in consultation with the Chief of the National Guard Bureau and the Director of the Air National Guard, shall complete a study on the feasibility and advisability of establishing at Joint Base Pearl Harbor-Hickam an aeromedical squadron of the Air National Guard in Hawaii to support the aeromedical mission needs of the United States Indo-Pacific Command.
(b)Assessments.Elements.—The study under subsection
(a)shall assess the following:(1) The manpower required for the establishment of an aeromedical squadron of the Air National Guard in Hawaii as specified in subsection (a).
(2)Costs.The overall cost of such establishment.
(3)The length of time required for such establishment.
(4)Requirements.The mission requirements for such establishment.
(5)Such other matters as may be determined relevant by the Secretary.
(c)Briefing.—Not later than April 1, 2022, the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings of the feasibility and advisability study under subsection (a), including with respect to each element specified in subsection (b).135 STAT. 1803 SEC. 740. STUDY ON INCIDENCE OF BREAST CANCER AMONG MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY.(a) Study.—The Secretary of Defense shall conduct a study on the incidence of breast cancer among members of the Armed Forces serving on active duty.
(b)Elements.—The study under subsection
(a)shall include the following:(1) Determination.Time period.A determination of the number of members of the Armed Forces who served on active duty at any time during the period beginning on January 1, 2011, and ending on the date of the enactment of this Act who were diagnosed with breast cancer during such period.
(2)Determination.A determination of demographic information regarding such members, including race, ethnicity, sex, age, military occupational specialty, and rank.
(3)A comparison of the rates of members of the Armed Forces serving on active duty who have breast cancer to civilian populations with comparable demographic characteristics.
(4)An identification of potential factors associated with service in the Armed Forces that could increase the risk of breast cancer for members of the Armed Forces serving on active duty.
(5)To the extent the data are available, an identification of overseas locations associated with airborne hazards, such as burn pits, and members of the Armed Forces diagnosed with breast cancer who served on active duty in such locations.
(6)Assessment.An assessment of the effectiveness of outreach by the Department of Defense to members of the Armed Forces to identify risks of, prevent, detect, and treat breast cancer.
(7)Assessment.An assessment of the feasibility and advisability of changing the current mammography screening policy of the Department to incorporate all members of the Armed Forces who deployed overseas to an area associated with airborne hazards, such as burn pits.
(8)Assessment.An assessment of the feasibility and advisability of conducting digital breast tomosynthesis at facilities of the Department that provide mammography services.
(9)Recommenda-tions.Such recommendations as the Secretary may have for changes to policy or law that could improve the prevention, early detection, awareness, and treatment of breast cancer among members of the Armed Forces serving on active duty, including any additional resources needed.
(c)Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings and recommendations of the study under subsection (a), including a description of any further unique military research needed with respect to breast cancer. SEC. 741. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL EXPOSURE RECORD PROGRAM.(a) Deadline.Time period.Studies and Reports Required.—Not later than December 31, 2023, and once every two years thereafter until December 31, 2030, the Comptroller General of the United States shall—(1) conduct a study on the implementation and effectiveness of the Individual Longitudinal Exposure Record program of 135 STAT. 1804 the Department of Defense and the Department of Veterans Affairs; and
(2)submit to the appropriate congressional committees a report containing the findings of the most recently conducted study.
(b)Assessments.Elements.—The biennial studies under subsection
(a)shall include an assessment of elements as follows:(1) Initial study.—The initial study conducted under subsection
(a)shall assess, at a minimum, the following:(A) Statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program.
(B)Costs.Costs associated with the program, including any cost overruns associated with the program.
(C)The capacity to expand the program to include the medical records of veterans who served prior to the establishment of the program.
(D)Any illness recently identified as relating to a toxic exposure (or any guidance relating to such an illness recently issued) by either the Secretary of Defense or the Secretary of Veterans Affairs, including any such illness or guidance that relates to open burn pit exposure.
(E)How the program has enabled (or failed to enable) the discovery, notification, and medical care of individuals affected by an illness described in subparagraph (D).
(F)Physician and patient feedback on the program, particularly feedback that relates to ease of use.
(G)Data.Cybersecurity and privacy protections of patient data stored under the program, including whether any classified or restricted data has been stored under the program (such as data relating to deployment locations or duty stations).
(H)Data.Any technical or logistical impediments to the implementation or expansion of the program, including any impediments to the inclusion in the program of databases or materials originally intended to be included.
(I)Data.Any issues relating to read-only access to data under the program by veterans.
(J)Any issues relating to the interoperability of the program between the Department of Defense and the Department of Veterans Affairs.
(2)Subsequent studies.—Except as provided in paragraph (3), each study conducted under subsection
(a)following the initial study specified in paragraph
(1)shall assess—(A) statistics relating to use of the Individual Longitudinal Exposure Record program, including the total number of individuals the records of whom are contained therein and the total number of records accessible under the program; and
(B)Determination.such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).
(3)Final study.—The final study conducted under subsection
(a)shall assess—135 STAT. 1805(A) the elements specified in subparagraphs (A), (B), (D), (E), (F), and
(H)of paragraph (1); and
(B)Determination.such other elements as the Comptroller General determines appropriate, which may include any other element specified in paragraph (1).
(c)Access by Comptroller General.—(1) Information and materials.—Upon request of the Comptroller General, the Secretary of Defense and the Secretary of Veterans Affairs shall make available to the Comptroller General any information or other materials necessary for the conduct of each biennial study under subsection (a).
(2)Interviews.—In addition to such other authorities as are available, the Comptroller General shall have the right to interview officials and employees of the Department of Defense and the Department of Veterans Affairs (including clinicians, claims adjudicators, and researchers) as necessary for the conduct of each biennial study under subsection (a).
(d)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives; and
(B)the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.
(2)The term “**Secretary concerned**” means—(A) the Secretary of Defense, with respect to matters concerning the Department of Defense; and
(B)the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs. SEC. 742. COMPTROLLER GENERAL STUDY ON IMPLEMENTATION BY DEPARTMENT OF DEFENSE OF RECENT STATUTORY REQUIREMENTS TO REFORM THE MILITARY HEALTH SYSTEM.(a) Study.—(1) In general.—The Comptroller General of the United States shall conduct a study on the implementation by the Department of Defense of statutory requirements to reform the military health system contained in a covered Act.
(2)Elements.—The study required by paragraph
(1)shall include the following elements:(A) List.A compilation of a list of, and citation for, each statutory requirement on reform of the military health system contained in a covered Act.
(B)Assessment.An assessment of the extent to which such requirement was implemented, or is currently being implemented.
(C)Evaluation.An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness of actions taken pursuant to such requirement.
(D)Such other matters in connection with the implementation of such requirement as the Comptroller General considers appropriate.
(b)Briefing and Report.—(1) Deadline.Briefing.—Not later than May 1, 2022, the Comptroller General shall brief the Committees on Armed Services of the 135 STAT. 1806 Senate and the House of Representatives on the status of the study conducted under subsection (a).
(2)Report.—Not later than May 1, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection
(a)that includes the elements specified in paragraph
(2)of such subsection.
(c)Covered Act Defined.—In this section, the term “**covered Act**” means any of the following:(1) The William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(2)The National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92)).
(3)The John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232)).
(4)The National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91)).
(5)The National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328)).
(6)The National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92)).
(7)The Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 ([Public Law 113–291](/us/pl/113/291)).
(8)The National Defense Authorization Act for Fiscal Year 2014 ([Public Law 113–66](/us/pl/113/66)).
(9)The National Defense Authorization Act for Fiscal Year 2013 ([Public Law 112–239](/us/pl/112/239)).
(10)The National Defense Authorization Act for Fiscal Year 2012 ([Public Law 112–81](/us/pl/112/81)). SEC. 743. STUDY TO DETERMINE NEED FOR A JOINT FUND FOR FEDERAL ELECTRONIC HEALTH RECORD MODERNIZATION OFFICE.(a) Coordination.Study.—The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall conduct a study to determine—(1) whether there is a validated need or military requirement for the development of a joint fund of the Department of Defense and the Department of Veterans Affairs for the Federal Electronic Health Record Modernization Office; and
(2)whether the operations of the Federal Electronic Health Record Modernization Office since its establishment, including how the Office has supported the implementation of the Individual Longitudinal Exposure Record program of the Department of Defense and the Department of Veterans Affairs, justify the development of a potential joint fund.
(b)Assessments.Elements.—The study under subsection
(a)shall assess the following:(1) Justifications for the development of the joint fund.
(2)The potential resource allocation and funding commitments for the Department of Defense and Department of Veterans Affairs with respect to the joint fund.
(3)Options for the governance structure of the joint fund, including how accountability would be divided between the Department of Defense and the Department of Veterans Affairs.135 STAT. 1807
(4)The anticipated contents of the joint fund, including the anticipated process for annual transfers to the joint fund from the Department of Defense and the Department of Veterans Affairs, respectively.
(5)Timeline. An estimated timeline for the potential establishment of the joint fund.
(6)The progress and accomplishments of the Federal Electronic Health Record Modernization Office during fiscal year 2021 in fulfilling the purposes specified in subparagraphs
(C)through
(R)of section 1635(b)(2) of the Wounded Warrior Act ([title XVI of Public Law 110–181](/us/pl/110/181/tXVI); [10 U.S.C. 1071 note](/us/usc/t10/s1071)).
(c)Coordination.Recommenda-tions.Report.—Not later than July 1, 2022, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a), including recommendations on the development of the joint fund specified in such subsection. Such recommendations shall address—(1) the purpose of the joint fund; and
(2)Requirements.requirements related to the joint fund.
(d)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committees on Armed Services of the House of Representatives and the Senate; and
(B)the Committees on Veterans’ Affairs of the House of Representatives and the Senate.
(2)The term “**Electronic Health Record Modernization Program**” has the meaning given such term in section 503(e) of the Veterans Benefits and Transition Act of 2018 ([Public Law 115–407](/us/pl/115/407); [132 Stat. 5376](/us/stat/132/5376)).
(3)The term “**Federal Electronic Health Record Modernization Office**” means the Office established under section 1635(b) of the Wounded Warrior Act ([title XVI of Public Law 110–181](/us/pl/110/181/tXVI); [10 U.S.C. 1071 note](/us/usc/t10/s1071)). SEC. 744. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE PHARMACEUTICAL INGREDIENTS FOR NATIONAL SECURITY PURPOSES. NotDeadline. later than April 1, 2022, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the development of a capability for the domestic production of critical active pharmaceutical ingredients and drug products in finished dosage form for national security purposes. Such briefing shall include a description of the following:(1) Costs.The anticipated cost over the period covered by the most recent future-years defense program submitted under [section 221 of title 10, United States Code](/us/usc/t10/s221) (as of the date of the briefing), to develop such a domestic production capability for critical active pharmaceutical ingredients.
(2)Costs.The cost of producing critical active pharmaceutical ingredients through such a domestic production capability, as compared with the cost of standard manufacturing processes used by the pharmaceutical industry.
(3)The average time to produce critical active pharmaceutical ingredients through such a domestic production capability, as compared with the average time to produce such 135 STAT. 1808 ingredients through standard manufacturing processes used by the pharmaceutical industry.
(4)Any intersections between the development of such a domestic production capability, the military health system, and defense-related medical research or operational medical requirements.
(5)Lessons learned from the progress made in developing such a domestic production capability as of the date of the briefing, including from any contracts entered into by the Secretary with respect to such a domestic production capability.
(6)Any critical active pharmaceutical ingredients that are under consideration by the Secretary for future domestic production as of the date of the briefing.
(7)Plan.The plan of the Secretary regarding the future use of such a domestic production capability for critical active pharmaceutical ingredients. SEC. 745. BRIEFING ON SUBSTANCE ABUSE IN THE ARMED FORCES.(a) Deadline.Briefing.—Not later than June 1, 2022, the Under Secretary of Defense for Personnel and Readiness shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on substance abuse policy, strategy, and programs within the Department of Defense.
(b)Elements.—The briefing required under subsection
(a)shall include each of the following elements:(1) With respect to policy, an overview of the policies of the Department of Defense and the military departments with respect to substance abuse, including for covered beneficiaries, and how each such policy is synchronized, including any definitions of the term “**substance abuse**”.
(2)Analyses.Time periods.Determinations.With respect to background data—(A) an analysis of the trends in substance abuse across the active and reserve components of the Armed Forces over the preceding 10-year period, including the types of care (residential, outpatient, or other), any variation in such trends for demographics or geographic locations of members who have been deployed, and any other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs; and
(B)an analysis of trends in substance abuse for covered beneficiaries over the preceding 10-year period, including any variation in such trends for demographics, geographic location, or other indicators that the Under Secretary determines may allow for further understanding of substance abuse programs.
(3)With respect to strategic communication, an overview of the strategic communication plan on substance abuse, including different forms of media and initiatives being undertaken.
(4)With respect to treatment—(A) a description of the treatment options available and prescribed for substance abuse for members of the Armed Forces and covered beneficiaries, including the different environments of care, such as hospitals, residential treatment facilities, outpatient care, and other care as appropriate;135 STAT. 1809
(B)a description of any non-catchment area care which resulted in the nonavailability of military medical treatment facility or military installation capabilities for substance use disorder treatment and the costs associated with sending members of the Armed Forces and covered beneficiaries to non-catchment areas for such treatment;
(C)a description of the synchronization between substance abuse programs, mental health treatment, and case management, where appropriate;
(D)a description of how substance abuse treatment clinical practice guidelines are used and how frequently such guidelines are updated; and
(E)the metrics and outcomes that are used to determine whether substance abuse treatments are effective.
(5)Time period.The funding lines and the amount of funding the Secretary of Defense and the Secretary of each of the military departments have obligated for substance abuse programs for each of the preceding 10 fiscal years.
(c)Definitions.—In this section:(1) The term “**catchment area**” means the approximately 40-mile radius surrounding a military medical treatment facility or military installation, as the case may be.
(2)The term “**covered beneficiary**” has the meaning given such term in [section 1072 of title 10, United States Code](/us/usc/t10/s1072). TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS TITLE VIII— ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A— Acquisition Policy and Management Sec. 801. Acquisition workforce educational partnerships. Sec. 802. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 803. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures. Sec. 804. Modifications to contracts subject to cost or pricing data certification. Sec. 805. Two-year extension of Selected Acquisition Report requirement. Sec. 806. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 807. Assessment of impediments and incentives to improving the acquisition of commercial products and commercial services. Sec. 808. Briefing on transparency for certain domestic procurement waivers. Sec. 809. Report on violations of certain domestic preference laws. Subtitle B— Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Certain multiyear contracts for acquisition of property: budget justification materials. Sec. 812. Extension of demonstration project relating to certain acquisition personnel management policies and procedures. Sec. 813. Office of Corrosion Policy and Oversight employee training requirements. Sec. 814. Modified condition for prompt contract payment eligibility. Sec. 815. Modification to procurement of services: data analysis and requirements validation. Sec. 816. Limitation on procurement of welded shipboard anchor and mooring chain for naval vessels. Sec. 817. Repeal of preference for fixed-price contracts.135 STAT. 1810 Subtitle C— Provisions Relating to Other Transaction Authority Sec. 821. Modification of other transaction authority for research projects. Sec. 822. Modification of prize authority for advanced technology achievements. Sec. 823. Pilot program on systems engineering determinations. Sec. 824. Recommendations on the use of other transaction authority. Sec. 825. Reporting requirement for certain defense acquisition activities. Subtitle D— Provisions Relating to Software and Technology Sec. 831. Technology protection features activities. Sec. 832. Modification of enhanced transfer of technology developed at Department of Defense laboratories. Sec. 833. Pilot program on acquisition practices for emerging technologies. Sec. 834. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 835. Independent study on technical debt in software-intensive systems. Sec. 836. Cadre of software development and acquisition experts. Subtitle E— Provisions Relating to Supply Chain Security Sec. 841. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 842. Modification to analyses of certain activities for action to address sourcing and industrial capacity. Sec. 843. Assuring integrity of overseas fuel supplies. Sec. 844. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 845. Department of Defense research and development priorities. Sec. 846. Report on the Manufacturing Engineering Education Program. Sec. 847. Plan and report on reduction of reliance on services, supplies, or materials from covered countries. Sec. 848. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region. Subtitle F— Industrial Base Matters Sec. 851. Modifications to printed circuit board acquisition restrictions. Sec. 852. Modification of pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 853. Additional testing of commercial e-commerce portal models. Sec. 854. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 855. Employment transparency regarding individuals who perform work in the People’s Republic of China. Sec. 856. Briefing on compliance with contractor lobbying restrictions. Sec. 857. Congressional oversight of personnel and contracts of private security contractors. Subtitle G— Small Business Matters Sec. 861. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold. Sec. 862. Modification to the pilot program for streamlining awards for innovative technology projects. Sec. 863. Protests and appeals relating to eligibility of business concerns. Sec. 864. Authority for the Office of Hearings and Appeals to decide appeals relating to qualified HUBZone small business concerns. Sec. 865. Report on unfunded priorities of the Small Business Innovation Research and Small Business Technology Transfer program. Sec. 866. Report on Cybersecurity Maturity Model Certification effects on small business. Sec. 867. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Subtitle H— Other Matters Sec. 871. Mission management pilot program. Sec. 872. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 873. Independent study on acquisition practices and policies. Sec. 874. Pilot program to incentivize contracting with employee-owned businesses. Sec. 875. Guidance, training, and report on place of performance contract requirements. Sec. 876. Notification of certain intergovernmental support agreements. Sec. 877. Report on requests for equitable adjustment in Department of the Navy. Sec. 878. Military standards for armor materials in vehicle specifications. 135 STAT. 1811 Subtitle A—Acquisition Policy and Management SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.(a) In General.—[Subchapter IV of chapter 87 of title 10, United States Code](/us/usc/t10/ch87/schIV), is amended by inserting after section 1746 the following new section:"“§ 1746a.[10 USC 1746a](/us/usc/t10/s1746a). Acquisition workforce educational partnerships“(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a program within Defense Acquisition University to—“(1) Assessment.facilitate the engagement of relevant experts, including with the acquisition research activities established under section 2361a of this title, with the faculty of the Defense Acquisition University to assess and modify the curriculum of the Defense Acquisition University, as appropriate, to enhance the capabilities of the Defense Acquisition University to support educational, training, and research activities in support of acquisition missions of the Department of Defense; “(2) establish a cross-discipline, peer mentoring program for academic advising and to address critical retention concerns with respect to the acquisition workforce; “(3) partner with extramural institutions and military department functional leadership to offer training and on-the-job learning support to all members of the acquisition workforce addressing operational challenges that affect procurement decisionmaking; “(4) support the partnerships between the Department of Defense and extramural institutions with missions relating to the training and continuous development of members of the acquisition workforce; “(5) accelerate the adoption, appropriate design and customization, and use of flexible acquisition practices by the acquisition workforce by expanding the availability of training and on-the-job learning and guidance on such practices and incorporating such training into the curriculum of the Defense Acquisition University; and “(6) support and enhance the capabilities of the faculty of the Defense Acquisition University, and the currency and applicability of the knowledge possessed by such faculty, by—“(A) building partnerships between the faculty of the Defense Acquisition University and the director of, and individuals involved with, the activities established under section 2361a of this title; “(B) supporting the preparation and drafting of the reports required under subsection (f)(2); and “(C) Time periods.instituting a program under which each member of the faculty of the Defense Acquisition University shall be detailed to an operational acquisition position in a military department or Defense Agency, or to an extramural institution, for not less than six months out of every five year period. “(b) Deadline.Designation.Senior Official.—Not later than 180 days after the enactment of this section, the President of the Defense Acquisition 135 STAT. 1812 University shall designate a senior official to execute activities under this section. “(c) Support From Other Department of Defense Organizations.—The Secretary of Defense may direct other elements of the Department of Defense to provide personnel, resources, and other support to the program established under this section, as the Secretary determines appropriate. “(d) Funding.—Subject to the availability of appropriations, the Under Secretary of Defense for Acquisition and Sustainment may use amounts available in the Defense Acquisition Workforce and Development Account (as established under section 1705 of this title) to carry out the requirements of this section. “(e) Time period.Annual Reports.—Not later than September 30, 2022, and annually thereafter, the President of the Defense Acquisition University shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the one-year period ending on the date on which such report is submitted. “(f) Exemption to Report Termination Requirements.—Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92); [129 Stat. 1000](/us/stat/129/1000); [10 U.S.C. 111 note](/us/usc/t10/s111)), as amended by section 1061(j) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2405](/us/stat/130/2405); [10 U.S.C. 111 note](/us/usc/t10/s111)), does not apply with respect to the reports required to be submitted to Congress under this section. “(g) Definitions.—In this section:“(1) Acquisition workforce.—The term ‘**acquisition workforce**’ has the meaning given such term in section 1705(g) of this title. “(2) Extramural institutions.—The term ‘**extramural institutions**’ means participants in an activity established under section 2361a of this title, public sector organizations, and nonprofit credentialing organizations.” ".
(b)Clerical Amendment.—The table of sections for [subchapter IV of chapter 87 of title 10, United States Code](/us/usc/t10/ch87/schIV),10 USCprec. 1741. is amended by inserting after the item relating to section 1746 the following new item:" “1746a. Acquisition workforce educational partnerships.”. " SEC. 802. PROHIBITION ON ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS.(a) Prohibition.—(1) In general.—[Chapter 148 of title 10, United States Code](/us/usc/t10/ch148), is amended by inserting after section 2533d the following new section:"“§ 2533e.[10 USC 2533e](/us/usc/t10/s2533e). Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations“(a) In General.—Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation. “(b) Applicability.—Subsection
(a)shall apply to prime contracts and subcontracts at any tier. “(c) Exceptions.—“(1) In general.—Subsection
(a)does not apply under the following circumstances:135 STAT. 1813“(A) Determination.If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. “(B) The procurement of a covered item for use outside of the United States. “(C) Purchases for amounts not greater than $150,000. “(2) Limitation.—A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. “(d) Definitions.—In this section:“(1) Covered item.—The term ‘**covered item**’ means an article or item of—“(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or “(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. “(2) Covered nation.—The term ‘**covered nation**’ means—“(A) the Democratic People’s Republic of North Korea; “(B) the People’s Republic of China; “(C) the Russian Federation; and “(D) the Islamic Republic of Iran.” ".
(2)Clerical amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 2531. is amended by inserting after the item relating to section 2533d the following:" “2533e. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.”. "
(b)Future Transfer.—(1) Transfer and redesignation.—[Section 2533e of title 10, United States Code](/us/usc/t10/s2533e), as added by subsection (a), is transferred to the end of subchapter III of chapter 385 of such title, as added by section 1870(d) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) and amended by this Act, and redesignated as section 4875.
(2)Clerical amendments.—(A) Target chapter table of sections.—The table of sections for [subchapter III of chapter 385 of title 10, United States Code](/us/usc/t10/ch385/schIII), as added by section 1870(d) of the 135 STAT. 1814 William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),[10 USC ](/us/usc/t10)prec. 4871. is amended by adding at the end the following new item:" “4875. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations.”. "
(B)Origin chapter table of sections.—The table of sections at the beginning of [chapter 148 of title 10, United States Code](/us/usc/t10/ch148), as amended by subsection (a),10 USCprec. 2531. is further amended by striking the item relating to section 2533e.
(3)[10 USC 2533e note](/us/usc/t10/s2533e).Effective date.—The transfer, redesignation, and amendments made by this subsection shall take effect immediately after the amendments made by title XVIII of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 take effect.
(4)References; savings provision; rule of construction.—Sections Applicability.[10 USC 2533e note](/us/usc/t10/s2533e).1883 through 1885 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. SEC. 803. AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES USING GENERAL SOLICITATION COMPETITIVE PROCEDURES.(a) Authority.—(1) In general.—[Chapter 140 of title 10, United States Code](/us/usc/t10/ch140), is amended by adding at the end the following new section:"“§ 2380c.[10 USC 2380c](/us/usc/t10/s2380c). Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures“(a) Authority.—The Secretary of Defense and the Secretaries of the military departments may acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. “(b) Treatment as Competitive Procedures.—Use of general solicitation competitive procedures under subsection
(a)shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. “(c) Limitations.—(1) Determination.The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection
(a)without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. “(2) Contracts or agreements entered into using the authority under subsection
(a)shall be fixed-price, including fixed-price incentive fee contracts. “(3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection
(a)shall be treated as commercial products and commercial services. “(d) Congressional Notification Required.—(1) Deadline.Not later than 45 days after the award of a contract for an amount exceeding 135 STAT. 1815 $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees of such award. “(2) Notice of an award under paragraph
(1)shall include the following:“(A) Description of the innovative commercial product or commercial service acquired. “(B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or commercial service acquired provides a solution or a potential new capability. “(C) Amount of the contract awarded. “(D) Identification of the contractor awarded the contract. “(e) Innovative Defined.—In this section, the term ‘**innovative**’ means—“(1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or “(2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.” ".
(2)Clerical amendment.—The table of sections at the beginning of [chapter 140 of title 10, United States Code](/us/usc/t10/ch140),[10 USC ](/us/usc/t10)prec. 2375. is amended by inserting after the item relating to section 2380b the following new item:" “2380c. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.”. "
(3)[10 USC 3458 note](/us/usc/t10/s3458).Data collection.—(A) Analysis.In general.—The Secretary of Defense and each Secretary of a military department shall collect and analyze data on the use of the authority under [section 2380c of title 10, United States Code](/us/usc/t10/s2380c), as added by paragraph (1), for the purposes of—(i) developing and sharing best practices for achieving the objectives of the authority;
(ii)gathering information on the implementation of the authority and related policy issues; and
(iii)informing the congressional defense committees on the use of the authority.
(B)Time period.Plan required.—The authority under [section 2380c of title 10, United States Code](/us/usc/t10/s2380c), as added by paragraph (1), may not be exercised by the Secretary of Defense or any Secretary of a military department during the period beginning on October 1, 2022, and ending on the date on which the Secretary of Defense submits to the congressional defense committees a completed plan for carrying out the data collection required under paragraph (1).
(C)Congressional defense committees; military department defined.—In this paragraph, the terms “congressional defense committees” and “military department” have the meanings given such terms in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a).
(b)Future Transfer.—(1) Transfer and redesignation.—[Section 2380c of title 10, United States Code](/us/usc/t10/s2380c), as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, as transferred and redesignated by section 1821(a) of the William M.
(Mac)Thornberry National Defense Authorization Act 135 STAT. 1816 for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), and redesignated as section 3458.
(2)Clerical amendment.—The table of sections at the beginning of [chapter 247 of title 10, United States Code](/us/usc/t10/ch247), as added by section 1821(a) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)),10 USCprec. 3451. is amended by inserting after the item related to section 3457 the following new item:" “3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures.”. "
(3)Conforming amendments to internal cross-references.—[Section 3458 of title 10, United States Code](/us/usc/t10/s3458), as redesignated by paragraph (1), is amended—(A) in subsection (b), by striking “chapter 137” and inserting “chapter 221”; and
(B)in subsection (c)(3), by striking “section 2376(1)” and inserting “section 3451(1)”.
(4)[10 USC 3458 note](/us/usc/t10/s3458).Effective date.—The transfer, redesignation, and amendments made by this subsection shall take as if included in title XVIII of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(5)References; savings provision; rule of construction.—Sections Applicability.[10 USC 3458 note](/us/usc/t10/s3458).1883 through 1885 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act.
(c)Repeal of Obsolete Authority.—Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 2302 note](/us/usc/t10/s2302)) is hereby repealed. SEC. 804. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR PRICING DATA CERTIFICATION.(a) In General.—[Section 2306a(a)(6) of title 10, United States Code](/us/usc/t10/s2306a/a/6), is amended—(1) by striking “Upon the request” and all that follows through “paragraph (1)” and inserting “Under paragraph (1),”; and
(2)by striking “modify the contract” and all that follows through “consideration.” and inserting “modify the contract as soon as practicable to reflect subparagraphs
(B)and
(C)of such paragraph, without requiring consideration.”.
(b)Technical Amendment.—Section 1831(c)(8)(A) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283); [134 Stat. 4211](/us/stat/134/4211)) is[10 USC 3702](/us/usc/t10/s3702). amended by striking “before” and all that follows through the semicolon at the end and inserting “after the subsection designation;”. SEC. 805. TWO-YEAR EXTENSION OF SELECTED ACQUISITION REPORT REQUIREMENT.(a) Extension.—[Section 2432(j) of title 10, United States Code](/us/usc/t10/s2432/j), is amended by striking “fiscal year 2021” and inserting “fiscal year 2023”.
(b)Demonstration Required.—135 STAT. 1817
(1)Deadline.Time period.In general.—Not later than March 1, 2022, and every six months thereafter, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the capability improvements necessary to achieve the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under [section 2432 of title 10, United States Code](/us/usc/t10/s2432), as amended by subsection (a).
(2)Elements.—(A) In general.—The demonstration required under paragraph
(1)shall incorporate the following elements:(i) A demonstration of the full suite of data sharing capabilities of the reporting system referred to in paragraph
(1)that can be accessed by authorized external users, including the congressional defense committees, for a range of covered programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1492](/us/stat/133/1492)).
(ii)The plans required under subsection (c), as available.
(B)Initial report.—In addition to the elements described in subparagraph (A), the first demonstration provided under paragraph
(1)shall incorporate the findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1492](/us/stat/133/1492)).
(3)Certification.Determination.Termination.—The requirements under this subsection shall terminate upon the date on which the Secretary of Defense submits to the congressional defense committees a written certification of the determination of the Secretary that the reporting system referred to in paragraph
(1)has achieved full operational capability.
(c)Deadlines.Plans Required for Data Gathering and Sharing.—(1) Data required for improved decision making.—(A) In general.—Not later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall prepare a plan for identifying and gathering the data required for effective decision making by program managers and Department of Defense leadership regarding covered programs.
(B)Contents.—The plan required under subparagraph
(A)shall include—(i) data that—(I) address covered program progress compared to covered program cost, schedule, and performance goals;
(II)Assessment.provide an assessment of covered program risks; and
(III)can be collected throughout the fiscal year without significant additional burden;
(ii)the data, information, and analytical capabilities supported by the reporting system referred to in subsection (b)(1);
(iii)Assessment.the specific data elements needed to assess covered program performance and associated risks, including software development and cybersecurity 135 STAT. 1818 risks, and an identification of any data elements that cannot be publicly released;
(iv)the types of covered programs to be included in the reporting system referred to in subsection (b)(1), including the dollar value threshold for inclusion, and the acquisition methodologies and pathways that are to be included;
(v)Criteria.the criteria for initiating, modifying, and terminating reporting for covered programs in the reporting system referred to in subsection (b)(1), including program characteristics, acquisition methodology or pathway being used, cost growth or changes, and covered program performance; and
(vi)Schedule.the planned reporting schedule for the reporting system referred to in subsection (b)(1), including when reports will be available to authorized external users and the intervals at which data will be updated.
(2)Improved data sharing within the department of defense and with outside stakeholders.—(A) In general.—Not later than July 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees the plan of the Department of Defense for the reporting system referred to in subsection (b)(1) to report to the congressional defense committees and effectively share information related to covered programs.
(B)Contents.—The plan required under subparagraph
(A)shall—(i) incorporate the plan required under paragraph (1);
(ii)Time period.Updates.provide for reporting not less frequently than once per year and continuous or periodic updates for authorized external users, as appropriate, to increase the efficiency of, and reduce the bureaucratic burdens for, reporting data and information on acquisition programs;
(iii)identify the organizations responsible for implementation and overall operation of the reporting system referred to in subsection (b)(1);
(iv)Data.identify the organizations responsible for providing data for inclusion in such reporting system and ensuring that data is provided in a timely fashion;
(v)Schedule.include the schedule and milestones for implementing such reporting system;
(vi)identify, for such implementation—(I) the resources required, including personnel and funding; and
(II)the implementation risks and how such risks will be mitigated;
(vii)identify the mechanisms by which reporting will be provided to the congressional defense committees and other authorized external users, including—(I) identification of types of organizations that will have access to the system, including those outside the Department of Defense;135 STAT. 1819
(II)how the system will be accessed by users, including those outside the Department of Defense; and
(III)how such users will be trained on the use of the system and what level of support will be available for such users on an ongoing basis; and
(viii)identify any changes to policy, guidance, or legislation that are required to begin reporting to the congressional defense committees in accordance with the plan.
(d)Covered Program Defined.—In this section, the term “**covered program**” means a program required to be included in a report submitted under [section 2432 of title 10, United States Code](/us/usc/t10/s2432). SEC. 806. ANNUAL REPORT ON HIGHEST AND LOWEST PERFORMING ACQUISITION PROGRAMS OF THE DEPARTMENT OF DEFENSE.(a) Time period.In General.—Not later than January 31, 2023, and annually thereafter for the following three years, the Component Acquisition Executive of each element or organization of the Department of Defense shall rank each covered acquisition program based on the criteria selected under subsection (b)(1) and submit to the congressional defense committees a report that contains a ranking of the five highest performing and five lowest performing covered acquisition programs for such element or organization based on such criteria.
(b)Ranking Criteria.—(1) Consultation.In general.—In completing the report required under subsection (a), each Component Acquisition Executive, in consultation with other officials of the Department of Defense as determined appropriate by the Component Acquisition Executive, shall select the criteria for ranking each covered acquisition program.
(2)Inclusion in report.—Each Component Acquisition Executive shall include in the report submitted under subsection
(a)an identification of the specific ranking criteria selected under paragraph (1), including a description of how those criteria are consistent with best acquisition practices.
(c)Additional Report Elements.—Each Component Acquisition Executive shall include in the report required under subsection
(a)for each of the five acquisition programs ranked as the lowest performing the following:(1) A description of the factors that contributed to the ranking of the program as low performing.
(2)Assessment.An assessment of the underlying causes of the poor performance of the program.
(3)Plan.A plan for addressing the challenges of the program and improving performance, including specific actions that will be taken and proposed timelines for completing such actions.
(d)Definitions.—In this section:(1) Component acquisition executive.—The term “**Component Acquisition Executive**” means—(A) a service acquisition executive; or
(B)an individual designated by the head of an element or organization of the Department of Defense, other than 135 STAT. 1820 a military department, as the Component Acquisition Executive for that element or organization.
(2)Covered acquisition program.—In this section the term “**covered acquisition program**” means—(A) a major defense acquisition program as defined in [section 2430 of title 10, United States Code](/us/usc/t10/s2430); or
(B)an acquisition program that is estimated by the Component Acquisition Executive to require an eventual total expenditure described in [section 2430(a)(1)(B) of title 10, United States Code](/us/usc/t10/s2430/a/1/B).
(3)Military department; service acquisition executive.—The terms “military department” and “service acquisition executive” have the meanings given such terms in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a). SEC. 807. ASSESSMENT OF IMPEDIMENTS AND INCENTIVES TO IMPROVING THE ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES.(a) Assessment Required.—The Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall jointly assess impediments and incentives to fulfilling the goals of [section 3307 of title 41, United States Code](/us/usc/t41/s3307), and [section 2377 of title 10, United States Code](/us/usc/t10/s2377), regarding preferences for commercial products and commercial services to—(1) enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries; and
(2)encourage the rapid adoption of commercial advances in technology.
(b)Reviews.Analyses.Elements of Assessment.—The assessment shall include a review of the use of preferences for commercial products and commercial services in procurement, including an analysis of—(1) relevant policies, regulations, and oversight processes;
(2)relevant acquisition workforce training and education;
(3)the role of requirements in the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, “Operation of the Adaptive Acquisition Framework”), including—(A) the ability to accommodate evolving commercial functionality and new opportunities identified during market research; and
(B)how phasing and uncertainty in requirements are treated;
(4)the role of competitive procedures and source selection procedures, including the ability to structure acquisition processes to accommodate—(A) multiple or unequal solutions; and
(B)emerging solutions that could fulfill program requirements;
(5)the role of planning, programming, and budgeting structures and processes, including appropriations categories;
(6)systemic biases in favor of custom solutions;
(7)allocation of technical data rights;
(8)strategies to control modernization and sustainment costs;
(9)the risk to contracting officers and other members of the acquisition workforce of acquiring commercial products and 135 STAT. 1821 commercial services, and incentives and disincentives for taking such risks; and
(10)potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process.
(c)Deadline.Compliance.Recommenda-tions.Briefing.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council shall brief the congressional defense committees on the results of the required assessment and any actions undertaken to improve compliance with the statutory preference for commercial products and commercial services, including any recommendations to Congress for legislative action. SEC. 808. Deadline.BRIEFING ON TRANSPARENCY FOR CERTAIN DOMESTIC PROCUREMENT WAIVERS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the extent to which information relating to the use of domestic procurement waivers by the Department of Defense is publicly available. SEC. 809. REPORT ON VIOLATIONS OF CERTAIN DOMESTIC PREFERENCE LAWS.(a) Coordination.Time periods.Report Required.—Not later than February 1 of each of 2023, 2024, and 2025, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on violations of certain domestic preference laws reported to the Department of Defense and the military departments. Each report shall include such violations that occurred during the previous fiscal year covered by the report.
(b)Elements.—Each report required under subsection
(a)shall include the following for each reported violation:(1) The name of the contractor.
(2)The contract number.
(3)The nature of the violation, including which of the certain domestic preference laws was violated.
(4)The origin of the report of the violation.
(5)Actions taken or pending by the Secretary concerned in response to the violation.
(6)Other related matters deemed appropriate by the Secretary concerned.
(c)Certain Domestic Preference Laws Defined.—In this section, the term “**certain domestic preference laws**” means any provision of section 2533a or 2533b of [title 10, United States Code](/us/usc/t10), or chapter 83 of title 41 of such Code, that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.135 STAT. 1822 Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 811. CERTAIN MULTIYEAR CONTRACTS FOR ACQUISITION OF PROPERTY: BUDGET JUSTIFICATION MATERIALS.(a) In General.—[Chapter 9 of title 10, United States Code](/us/usc/t10/ch9), is amended by adding at the end the following new section:"“§ 239c.[10 USC 239c](/us/usc/t10/s239c). Certain multiyear contracts for acquisition of property: budget justification materials“(a) Proposal.In General.—In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 2306b of this title that—“(1) the head of an agency intends to cancel during the fiscal year; or “(2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year. “(b) Assessments.Elements.—Each proposal required by subsection
(a)shall include the following:“(1) Costs.A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract. “(2) Update.An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification. “(3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification. “(4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies. “(c) Definitions.—In this section:“(1) The term ‘**covered modification**’ means a modification that will result in a reduction in the quantity of end items to be procured. “(2) The term ‘**head of an agency**’ means—“(A) the Secretary of Defense; “(B) the Secretary of the Army; “(C) the Secretary of the Navy; or “(D) the Secretary of the Air Force.” ".135 STAT. 1823
(b)Clerical Amendment.—The table of sections at the beginning of chapter 9 of such title10 USCprec. 221. is amended by adding at the end the following new item:" “239c. Certain multiyear contracts for acquisition of property: budget justification materials.”. " SEC. 812. EXTENSION OF DEMONSTRATION PROJECT RELATING TO CERTAIN ACQUISITION PERSONNEL MANAGEMENT POLICIES AND PROCEDURES. [Section 1762(g) of title 10, United States Code](/us/usc/t10/s1762/g), is amended by striking “December 31, 2023” and inserting “December 31, 2026”. SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE TRAINING REQUIREMENTS. [Section 2228 of title 10, United States Code](/us/usc/t10/s2228), is amended—(1) in subsection (b), by adding at the end the following new paragraph:"“(6) The Director shall ensure that contractors of the Department of Defense carrying out activities for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense employ for such activities a substantial number of individuals who have completed, or who are currently enrolled in, a qualified training program.” ";
(2)in subsection (c)—(A) in paragraph (2), by striking “and” at the end and inserting a semicolon;
(B)in paragraph (3), by striking the period at the end and inserting “; and”; and
(C)by adding at the end the following new paragraph:"“(4) Certification.require that any training or professional development activities for military personnel or civilian employees of the Department of Defense for the prevention and mitigation of corrosion of the military equipment and infrastructure of the Department of Defense are conducted under a qualified training program that trains and certifies individuals in meeting corrosion control standards that are recognized industry-wide.” "; and
(3)in subparagraph (f), by adding at the end the following new paragraph:"“(6) Definitions.The term ‘**qualified training program**’ means a training program in corrosion control, mitigation, and prevention that is—“(A) offered or accredited by an organization that sets industry corrosion standards; or “(B) an industrial coatings applicator training program registered under the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; [29 U.S.C. 50 et seq.](/us/usc/t29/s50/etseq)).” ". SEC. 814. MODIFIED CONDITION FOR PROMPT CONTRACT PAYMENT ELIGIBILITY. [Section 2307(a)(2)(B) of title 10, United States Code](/us/usc/t10/s2307/a/2/B), is amended by striking “if the prime contractor agrees or proposes to make payments to the subcontractor” and inserting “if the prime contractor agrees to make payments to the subcontractor”.135 STAT. 1824 SEC. 815. MODIFICATION TO PROCUREMENT OF SERVICES: DATA ANALYSIS AND REQUIREMENTS VALIDATION.(a) In General.—[Section 2329 of title 10, United States Code](/us/usc/t10/s2329), is amended—(1) in subsection (b)—(A) in the matter preceding paragraph (1), by striking “October 1, 2021” and inserting “February 1, 2023”; and
(B)by striking paragraphs
(4)and
(5)and inserting the following new paragraphs:"“(4) be informed by the review of the inventory required by section 2330a(c) using standard guidelines developed under subsection (d); and “(5) clearly and separately identify the amount requested and projected for the procurement of contract services for each Defense Agency, Department of Defense Field Activity, command, or military installation for the budget year and the subsequent four fiscal years in the future-years defense program submitted to Congress under section 221.” ";
(2)by amending subsection
(d)to read as follows:"“(d) Requirements Evaluation.—(1) Each Services Requirements Review Board shall evaluate each requirement for a services contract, taking into consideration total force management policies and procedures, available resources, the analyses conducted under subsection (c), and contracting efficacy and efficiency. An evaluation of a services contract for compliance with contracting policies and procedures may not be considered to be an evaluation of a requirement for such services contract. “(2) Guidelines.The Secretary of Defense shall establish and issue standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. Any such guidelines issued—“(A) shall be consistent with the ‘Handbook of Contract Function Checklists for Services Acquisition’ issued by the Department of Defense in May 2018, or a successor or other appropriate policy; and “(B) Updates.shall be updated as necessary to incorporate applicable statutory changes to total force management policies and procedures and any other guidelines or procedures relating to the use of Department of Defense civilian employees to perform new functions and functions that are performed by contractors. “(3) Certifications.The acquisition decision authority for each services contract shall certify—“(A) Compliance.that a task order or statement of work being submitted to a contracting office is in compliance with the standard guidelines; “(B) that all appropriate statutory risk mitigation efforts have been made; and “(C) that such task order or statement of work does not include requirements formerly performed by Department of Defense civilian employees. “(4) Audits.Compliance.The Inspector General of the Department of Defense may conduct annual audits to ensure compliance with this subsection.” ";
(3)by striking subsection
(f)and redesignating the subsequent subsections accordingly; and
(4)in subsection (f), as so redesignated—(A) in paragraph (3), by striking “January 5, 2016” and inserting “January 10, 2020”; and
(B)by adding at the end the following new paragraph:135 STAT. 1825 "“(4) Definition.The term ‘**acquisition decision authority**’ means the designated decision authority for each designated special interest services acquisition category, described in such Department of Defense Instruction.” ".
(b)Repeals.—(1) [Section 235 of title 10, United States Code](/us/usc/t10/s235), is repealed.
(2)Section 852 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [131 Stat. 1492](/us/stat/131/1492); [10 U.S.C. 2329 note](/us/usc/t10/s2329)) is repealed. SEC. 816. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD ANCHOR AND MOORING CHAIN FOR NAVAL VESSELS. [Section 2534 of title 10, United States Code](/us/usc/t10/s2534), is amended—(1) in subsection (a)(2), by adding at the end the following new subparagraph:"“(F) Welded shipboard anchor and mooring chain.” "; and
(2)in subsection (b)—(A) by striking “A manufacturer” and inserting “(1) Except as provided in paragraph (2), a manufacturer”; and
(B)by adding at the end the following new paragraph:"“(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.” ". SEC. 817. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS. Section 829 of the National Defense Authorization Act for Fiscal Year 2017 ([10 U.S.C. 2306 note](/us/usc/t10/s2306)) is repealed. Subtitle C—Provisions Relating to Other Transaction Authority SEC. 821. MODIFICATION OF OTHER TRANSACTION AUTHORITY FOR RESEARCH PROJECTS.(a) In General.—[Section 2371 of title 10, United States Code](/us/usc/t10/s2371), is amended—(1) in subsection (e)—(A) by striking paragraph (2);
(B)in paragraph (1), in the matter preceding subparagraph (A), by striking “(1)”; and
(C)by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; and
(2)by amending subsection
(h)to read as follows:"“(h) Guidance.—The Secretary of Defense shall issue guidance to carry out this section.” ".
(b)Conforming Amendment.—[Section 2371b(b)(1) of title 10, United States Code](/us/usc/t10/s2371b/b/1), is amended by striking “Subsections (e)(1)(B) and (e)(2)” and inserting “Subsection (e)(2)”. SEC. 822. MODIFICATION OF PRIZE AUTHORITY FOR ADVANCED TECHNOLOGY ACHIEVEMENTS. [Section 2374a of title 10, United States Code](/us/usc/t10/s2374a), is amended—(1) in subsection (a), by inserting “, including procurement contracts and other agreements,” after “other types of prizes”;135 STAT. 1826
(2)in subsection (b), in the first sentence, by inserting “and for the selection of recipients of procurement contracts and other agreements” after “cash prizes”;
(3)in subsection (c)(1), by inserting “without the approval of the Under Secretary of Defense for Research and Engineering” before the period at the end; and
(4)by adding at the end the following new subsection:"“(g) Congressional Notice.—“(1) Deadline.In general.—Not later than 15 days after a procurement contract or other agreement that exceeds a fair market value of $10,000,000 is awarded under the authority under a program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees written notice of such award. “(2) Contents.—Each notice submitted under paragraph
(1)shall include—“(A) the value of the relevant procurement contract or other agreement, as applicable, including all options; “(B) a brief description of the research result, technology development, or prototype for which such procurement contract or other agreement, as applicable, was awarded; and “(C) an explanation of the benefit to the performance of the military mission of the Department of Defense resulting from the award.” ". SEC. 823. Deadlines.[10 USC 4001 note](/us/usc/t10/s4001).PILOT PROGRAM ON SYSTEMS ENGINEERING DETERMINATIONS.(a) Requirement.—As soon as practicable but not later than September 30, 2023, the Secretary of Defense shall ensure that each covered entity enters into at least two covered transactions under an authority described in subsection (b), where each such covered transaction includes the system engineering determinations described under subsection (c).
(b)Covered Authorities.—The authorities described under this subsection are as follows:(1) [Section 2371 of title 10, United States Code](/us/usc/t10/s2371), with respect to applied and advanced research project transactions relating to weapons systems.
(2)Section 2371b of such title, with respect to transactions relating to weapons systems.
(3)Section 2373 of such title.
(4)Section 2358 of such title, with respect to transactions relating to weapons systems.
(c)Systems Engineering Determinations.—(1) First determination.—(A) Success criteria.—The head of a covered entity that enters into a covered transaction under this section shall identify, in writing, not later than 30 days after entering into such covered transaction, measurable success criteria related to potential military applications of such covered transaction, to be demonstrated not later than the last day of the period of performance for such covered transaction.
(B)Types of determinations.—Not later than 30 days after the end of such period of performance, the head 135 STAT. 1827 of the covered entity shall make one of the following determinations:(i) A “Discontinue” determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination.
(ii)A “Retain and Extend” determination, under which such head ensures continued performance of such covered transaction and extends the period of performance for a specified period of time in order to achieve the success criteria described under subparagraph (A).
(iii)An “Endorse and Refer” determination, under which such head endorses the covered transaction and refers it to the most appropriate Service Systems Engineering Command, based on the technical attributes of the covered transaction and the associated potential military applications, based on meeting or exceeding the success criteria.
(C)Written notice.—A determination made pursuant to subparagraph
(B)shall be documented in writing and provided to the person performing the covered transaction to which the determination relates.
(D)Further determination.—If the head of a covered entity issued a “Retain and Extend” determination described in subparagraph (B)(ii), such head shall, at the end of the extension period—(i) issue an “Endorse and Refer” determination described in subparagraph (B)(iii) if the success criteria are met; or
(ii)issue a “Discontinue” determination described in subparagraph (B)(i) if the success criteria are not met.
(2)Second determination.—(A) Systems engineering plan.—The head of the Service Systems Engineering Command that receives a referral from an “Endorse and Refer” determination described in paragraph (1)(B)(iii) shall, not later than 30 days after receipt of such referral, formulate a systems engineering plan with the person performing the referred covered transaction, technical experts of the Department of Defense, and any prospective program executive officers.
(B)Elements.—The systems engineering plan required under subparagraph
(A)shall include the following:(i) Measurable baseline technical capability, based on meeting the success criteria described in paragraph (1)(A).
(ii)Measurable transition technical capability, based on the technical needs of the prospective program executive officers to support a current or future program of record.
(iii)Costs.Schedule.Discrete technical development activities necessary to progress from the baseline technical capability to the transition technical capability, including an approximate cost and schedule, including activities that provide resolution to issues relating to—(I) interfaces;135 STAT. 1828
(II)data rights;
(III)Federal Government technical requirements;
(IV)specific platform technical integration;
(V)software development;
(VI)component, subsystem, or system prototyping;
(VII)scale models;
(VIII)technical manuals;
(IX)lifecycle sustainment needs; and
(X)other needs identified by the relevant program executive officer.
(iv)Identification and commitment of funding sources to complete the activities under clause (iii).
(C)Types of determinations.—Not later than 30 days after the end of the schedule required by subparagraph (B)(iii), the head of the Service Systems Engineering Command shall make one of the following determinations:(i) A “Discontinue” determination, under which such head discontinues support of the covered transaction and provides a rationale for such determination.
(ii)A “Retain and Extend” determination, under which such head ensures continued performance of such covered transaction within the Service Systems Engineering Command and extends the period of performance for a specified period of time in order to—(I) successfully complete the systems engineering plan required under subparagraph (A); and
(II)issue specific remedial or additional activities to the person performing the covered transaction.
(iii)An “Endorse and Refer” determination, under which such head endorses the covered transaction and refers it to a program executive officer, based on successful completion of the systems engineering plan required under subparagraph (A).
(D)Written notice.—A determination made pursuant to subparagraph
(C)shall be documented in writing and provided to the person performing the covered transaction to which the determination relates and any prospective program executive officers for such covered transaction.
(E)Further determination.—If the head of the Service Systems Engineering Command issued a “Retain and Extend” determination described in subparagraph (C)(ii), such head shall, at the end of the extension period—(i) issue an “Endorse and Refer” determination described in subparagraph (C)(iii) if the transition technical capability criteria are met; or
(ii)issue a “Discontinue” determination described in subparagraph (B)(i) if the success criteria are not met.
(d)Priority for Covered Transaction Selection.—In selecting a covered transaction under this section, the Secretary shall prioritize those covered transactions that—(1) are being initially demonstrated at a covered entity;135 STAT. 1829
(2)demonstrate a high potential to be further developed by a Service Systems Engineering Command; and
(3)demonstrate a high potential to be used in a program of the Department of Defense.
(e)Notifications.—(1) In general.—Not later than 30 days after a covered transaction is entered into pursuant to subsection (a), the Secretary of Defense shall notify the congressional defense committees of such covered transaction.
(2)Time period.Compliance.Updates.—Not later than 120 days after such a covered transaction is entered into, and every 120 days thereafter until the action specified in subsection (c)(1)(B)(i), (c)(2)(C)(i), or (c)(2)(C)(iii) occurs, the Secretary of Defense shall provide written updates to the congressional defense committees on the actions being taken by the Department to comply with the requirements of this section.
(f)Plan.Briefing Required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section.
(g)Definitions.—In this section:(1) The term “**covered entity**” means—(A) the Defense Innovation Unit;
(B)the Strategic Capabilities Office; or
(C)the Defense Advanced Research Projects Agency.
(2)The term “**covered transaction**” means a transaction, procurement, or project conducted pursuant to an authority listed in subsection (b).
(3)The term “**Service Systems Engineering Command**” means the specific Department of Defense command that reports through a chain of command to the head of a military department that specializes in the systems engineering of a system, subsystem, component, or capability area. SEC. 824. RECOMMENDATIONS ON THE USE OF OTHER TRANSACTION AUTHORITY.(a) Review and Recommendations Required.—(1) Assessment.In general.—The Secretary of Defense shall review the current use, and the authorities, regulations, and policies related to the use, of other transaction authority under sections 2371 and 2371b of [title 10, United States Code](/us/usc/t10), and assess the merits of modifying or expanding such authorities with respect to—(A) the inclusion in such transactions for the Government and contractors to include force majeure provisions to deal with unforeseen circumstances in execution of the transaction;
(B)Determination.the determination of the traditional or nontraditional status of an entity based on the parent company or majority owner of the entity;
(C)Determination.the determination of the traditional or nontraditional status of an entity based on the status of an entity as a qualified businesses wholly-owned through an Employee Stock Ownership Plan;135 STAT. 1830
(D)the ability of the Department of Defense to award agreements for prototypes with all of the costs of the prototype project provided by private sector partners of the participant to the transaction for such prototype project, to allow for expedited transition into follow-on production agreements for appropriate technologies;
(E)the ability of the Department of Defense to award agreements for procurement, including without the need for prototyping;
(F)the ability of the Department of Defense to award agreements for sustainment of capabilities, including without the need for prototyping;
(G)the ability of the Department of Defense to award agreements to support the organic industrial base;
(H)the ability of the Department of Defense to award agreements for prototyping of services or acquisition of services;
(I)the need for alternative authorities or policies to more effectively and efficiently execute agreements with private sector consortia;
(J)the ability of the Department of Defense to monitor and report on individual awards made under consortium-based other transactions; and
(K)other issues as identified by the Secretary.
(2)Qualified businesses wholly-owned through an employee stock ownership plan defined.—The term “**qualified businesses wholly-owned through an Employee Stock Ownership Plan**” means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code).
(b)Issues Identified and Recommendations for Changes to Policies or Authorities.—In carrying out the review under paragraph
(1)of subsection (a), with respect to each issue described in subparagraphs
(A)through
(K)of such paragraph, the Secretary of Defense shall—(1) identify relevant issues and challenges with the use of the authority under section 2371 or 2371b of [title 10, United States Code](/us/usc/t10);
(2)discuss the advantages and disadvantages of modifying or expanding the authority under section 2371 or 2371b of [title 10, United States Code](/us/usc/t10), to address issues under paragraph (1);
(3)identify policy changes that will be made to address issues identified under paragraph (1);
(4)Recommenda-tions.make recommendations to the congressional defense committees for new or modified statutory authorities to address issues identified under paragraph (1); and
(5)provide such other information as determined appropriate by the Secretary.
(c)Recommenda-tions.Report.—Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report describing activities undertaken pursuant to this section, as well as issues identified, policy changes proposed, justifications for such proposed policy changes, and recommendations for legislative changes.135 STAT. 1831 SEC. 825. [10 USC 4021 note](/us/usc/t10/s4021).REPORTING REQUIREMENT FOR CERTAIN DEFENSE ACQUISITION ACTIVITIES.(a) Procedures for Identifying Certain Acquisition Agreements and Activities.—The Secretary of Defense shall establish procedures to identify organizations performing on individual projects under the following types of awards:(1) Other transaction agreements pursuant to the authorities under section 2371 and 2371b of [title 10, United States Code](/us/usc/t10).
(2)Individual task orders awarded under a task order contract (as defined in [section 2304d of title 10, United States Code](/us/usc/t10/s2304d)), including individual task orders issued to a federally funded research and development center.
(b)For initial agreements covered under subsection (a), the procedures required under subsection
(a)shall include, but not be limited to—(1) the participants to the transaction (other than the Federal Government);
(2)each business selected to perform work under the transaction by a participant to the transaction that is a consortium of private entities;
(3)the date on which each participant entered into the transaction;
(4)the amount of the transaction; and
(5)other related matters the Secretary deems appropriate.
(c)For follow-on contracts, agreements, or transactions covered under subsection (a), the procedures required under subsection
(a)shall include, but not be limited to—(1) identification of the initial covered contract or transaction and each subsequent follow-on contract or transaction;
(2)the awardee;
(3)the amount;
(4)the date awarded; and
(5)other related matters the Secretary deems appropriate.
(d)Update.Deadline.Data.The Administrator of the General Services Administration shall update the Federal Procurement Data System
(FPDS)within 180 days to collect the data required under this section.
(e)Reporting.—Not later than one year after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of agreements and activities described in subsection
(a)and associated funding.
(f)Deadline.Web posting.Database.Publication of Information.—Not later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to collect information on individual agreements and activities described in this section and associated funding in an online, public, searchable database, unless the Secretary deems such disclosure inappropriate for individual agreements based on national security concerns.135 STAT. 1832 Subtitle D—Provisions Relating to Software and Technology SEC. 831. TECHNOLOGY PROTECTION FEATURES ACTIVITIES.(a) In General.—[Section 2357 of title 10, United States Code](/us/usc/t10/s2357), is amended—(1) in subsection (b)—(A) by inserting “(1)” before “Any”;
(B)by adding at the end the following new paragraph:"“(2) Costs.The Secretary may deem the portion of the costs of the contractor described in paragraph
(1)with respect to a designated system as allowable independent research and development costs under the regulations issued under section 2372 of this title if—“(A) the designated system receives Milestone B approval; and “(B) Determination.the Secretary determines that doing so would further the purposes of this section.” "; and
(2)in subsection (c)—(A) by redesignating paragraph
(2)as paragraph (4); and
(B)Definitions.by inserting after paragraph
(1)the following new paragraphs:"“(2) The term ‘**independent research and development costs**’ has the meaning given the term in section 31.205-18 of [title 48, Code of Federal Regulations](/us/cfr/t48). “(3) The term ‘**Milestone B approval**’ has the meaning given the term in section 2366(e)(7) of this title.” ".
(b)Deadline.Revision.[10 USC 4067 note](/us/usc/t10/s4067).Conforming Regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with [section 2357 of title 10, United States Code](/us/usc/t10/s2357), as amended by subsection (a). SEC. 832. MODIFICATION OF ENHANCED TRANSFER OF TECHNOLOGY DEVELOPED AT DEPARTMENT OF DEFENSE LABORATORIES. Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 ([10 U.S.C. 2514 note](/us/usc/t10/s2514)) is amended—(1) by redesignating subsection
(e)as subsection (f);
(2)by striking subsection
(d)and inserting the following new subsections:"“(d) Plan.Analysis.Data Collection.—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under this section for the purposes of—“(1) developing and sharing best practices; and “(2) providing information to the Secretary of Defense and Congress on the use of authority under this section and related policy issues. “(e) Report.—The Secretary of Defense shall submit a report to the congressional defense committees on the activities carried out under this section not later than December 31, 2025.” "; and
(3)in subsection
(f)(as so redesignated), by striking “December 31, 2021” and inserting “December 31, 2026”.135 STAT. 1833 SEC. 833. [10 USC 4001 note](/us/usc/t10/s4001).PILOT PROGRAM ON ACQUISITION PRACTICES FOR EMERGING TECHNOLOGIES.(a) Deadline.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary’s designee, shall establish a pilot program (in this section referred to as the “Pilot Program”) to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use.
(b)Elements.—In carrying out the Pilot Program, the Under Secretary of Defense for Acquisition and Sustainment shall—(1) identify, and award agreements to, not less than four new projects supporting high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to—(A) offensive missile capabilities;
(B)space-based assets;
(C)personnel and quality of life improvement;
(D)energy generation and storage; and
(E)any other area activities the Under Secretary determines appropriate;
(2)Acquisition plan.develop a unique acquisition plan for each project identified pursuant to paragraph
(1)that is significantly novel from standard Department of Defense acquisition practices, including the use of—(A) alternative price evaluation models;
(B)alternative independent cost estimation methodologies;
(C)alternative market research methods;
(D)Assessment.continuous assessment of performance metrics to measure project value for use in program management and oversight;
(E)Strategies.alternative intellectual property strategies, including activities to support modular open system approaches (as defined in [section 2446a(b) of title 10, United States Code](/us/usc/t10/s2446a/b)) and reduce life-cycle and sustainment costs; and
(F)other alternative practices identified by the Under Secretary;
(3)execute the acquisition plans described in paragraph
(2)and award agreements in an expedited manner; and
(4)Determination.Recommenda-tions.determine if existing authorities are sufficient to carry out the activities described in this subsection and, if not, submit to the congressional defense committees recommendations for statutory reforms that will provide sufficient authority.
(c)Determination.Regulation Waiver.—The Under Secretary of Defense for Acquisition and Sustainment shall establish mechanisms for the Under Secretary to waive, upon request, regulations, directives, or policies of the Department of Defense, a military service, or a Defense Agency with respect to a project awarded an agreement under the Pilot Program if the Under Secretary determines that such a waiver furthers the purposes of the Pilot Program, unless such waiver would be prohibited by a provision of a Federal statute or common law.
(d)Agreement Termination.—135 STAT. 1834
(1)In general.—The Secretary of Defense may establish procedures to terminate agreements awarded under the Pilot Program.
(2)Deadline.Notification required.—Any procedure established under paragraph
(1)shall require that, not later than 30 days prior to the termination of any agreement under such procedure, notice of such termination shall be provided to the congressional defense committees.
(e)Pilot Program Advisory Group.—(1) Establishment.In general.—The Under Secretary of Defense for Acquisition and Sustainment shall establish a Pilot Program advisory group to advise the Under Secretary on—(A) the selection, management and elements of projects under the Pilot Program;
(B)the collection of data regarding the use of the Pilot Program; and
(C)the termination of agreements under the Pilot Program.
(2)Membership.—(A) Appointments.In general.—The members of the advisory group established under paragraph
(1)shall be appointed as follows:(i) One member from each military department (as defined under [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a)), appointed by the Secretary of the military department concerned.
(ii)One member appointed by the Under Secretary of Defense for Research and Engineering.
(iii)One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.
(iv)One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.
(v)One member appointed by the Director of the Defense Advanced Research Projects Agency.
(vi)One member appointed by the Director of Cost Assessment and Program Evaluation.
(vii)One member appointed by the Director of Operational Test and Evaluation.
(B)Deadline for appointment.—Members of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a).
(3)FACA non-applicability.—The Federal Advisory Committee Act ([5 U.S.C. App.](/us/usc/t5/app)) shall not apply to the advisory group established under paragraph (1).
(f)Information to Congress.—(1) Deadline.Briefing requirement.—Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on activities performed under this section.
(2)Budget justification materials.—The Secretary shall establish procedures to clearly identify all projects under the Pilot Program in budget justification materials submitted to Congress.
(g)Data Requirements.—135 STAT. 1835
(1)Collection and analysis of data.—The Secretary shall establish mechanisms to collect and analyze data on the execution of the Pilot Program for the purpose of—(A) developing and sharing best practices for achieving goals established for the Pilot Program;
(B)providing information to the Secretary and the congressional defense committees on the execution of the Pilot Program; and
(C)providing information to the Secretary and the congressional defense committees on related policy issues.
(2)Plan.Data strategy required.—The Secretary may not establish the Pilot Program prior to completion of a plan for—(A) meeting the requirements of this subsection;
(B)collecting the data required to carry out an evaluation of the lessons learned from the Pilot Program; and
(C)Evaluation.conducting such evaluation.
(h)Termination.—The Pilot Program shall terminate on the earlier of—(1) the date on which each project identified under subsection (b)(1) has either been completed or has had all agreements awarded to such project under the Pilot Program terminated; or
(2)Time period.the date that is five years after the date of the enactment of this Act. SEC. 834. [10 USC 4061 note](/us/usc/t10/s4061).PILOT PROGRAM TO ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES.(a) Pilot Program.—Subject to availability of appropriations, the Secretary of Defense shall establish a competitive, merit-based pilot program to accelerate the procurement and fielding of innovative technologies by, with respect to such technologies—(1) reducing acquisition or life-cycle costs;
(2)addressing technical risks;
(3)improving the timeliness and thoroughness of test and evaluation outcomes; and
(4)rapidly implementing such technologies to directly support defense missions.
(b)Deadline.Guidelines.—Not later than one year after the date of the enactment of this Act, the Secretary shall issue guidelines for the operation of the pilot program established under this section. At a minimum such guidelines shall provide for the following:(1) The issuance of one or more solicitations for proposals by the Department of Defense in support of the pilot program, with a priority established for technologies developed by small business concerns (as defined under section 3 of the Small Business Act ([15 U.S.C. 632](/us/usc/t15/s632))) or nontraditional defense contractors (as defined under [section 2302 of title 10, United States Code](/us/usc/t10/s2302)).
(2)A process for—(A) Reviews.the review of proposals received in response to a solicitation issued under paragraph
(1)by the Secretary of Defense and by each Secretary of a military department;
(B)the merit-based selection of the most promising cost-effective proposals; and
(C)the procurement of goods or services offered by such a proposal through contracts, cooperative agreements, 135 STAT. 1836 other transaction authority, or by another appropriate process.
(c)Maximum Amount.—The total amount of funding provided for any proposal selected for an award under the pilot program established under this section shall not exceed $50,000,000, unless the Secretary (or designee of the Secretary) approves a greater amount of funding.
(d)Data Collection.—(1) Effective date.Plan required before implementation.—The Secretary of Defense may not provide funding under this section until the date on which the Secretary—(A) completes a plan for carrying out the data collection required under paragraph (2); and
(B)submits the plan to the congressional defense committees.
(2)Analysis.Data collection required.—The Secretary of Defense shall collect and analyze data on the pilot program established under this section for the purposes of—(A) developing and sharing best practices for achieving the objectives of the pilot program;
(B)providing information on the implementation of the pilot program and related policy issues; and
(C)reporting to the congressional defense committees as required under subsection (e).
(e)Time period.Biannual Reports.—Not later than March 1 and September 1 of each year beginning after the date of the enactment of this Act until the termination of the pilot program established under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program.
(f)Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2027. SEC. 835. INDEPENDENT STUDY ON TECHNICAL DEBT IN SOFTWARE-INTENSIVE SYSTEMS.(a) Deadline.Study Required.—Not later than May 1, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to study technical debt in software-intensive systems, as determined by the Under Secretary of Defense for Acquisition and Sustainment.
(b)Analyses.Recommenda-tions.Study Elements.—The study required under subsection
(a)shall include analyses and recommendations, including actionable and specific guidance and any recommendations for statutory or regulatory modifications, on the following:(1) Qualitative and quantitative measures which can be used to identify a desired future state for software-intensive systems.
(2)Qualitative and quantitative measures that can be used to assess technical debt.
(3)Policies for data access to identify and assess technical debt and best practices for software-intensive systems to make such data appropriately available for use.
(4)Forms of technical debt which are suitable for objective or subjective analysis.
(5)Current practices of Department of Defense software-intensive systems to track and use data related to technical debt.135 STAT. 1837
(6)Appropriate individuals or organizations that should be responsible for the identification and assessment of technical debt, including the organization responsible for independent assessments.
(7)Scenarios, frequency, or program phases during which technical debt should be assessed.
(8)Assessment.Costs.Best practices to identify, assess, and monitor the accumulating costs technical debt.
(9)Criteria.Criteria to support decisions by appropriate officials on whether to incur, carry, or reduce technical debt.
(10)Practices for the Department of Defense to incrementally adopt to initiate practices for managing or reducing technical debt.
(c)Access to Data and Records.—The Secretary of Defense shall ensure that the federally funded research and development center selected under subsection
(a)has sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section.
(d)Report Required.—Not later than 18 months after entering the agreement described in subsection (a), the Secretary shall submit to the congressional defense committees a report on the study required under subsection (b), along with any additional information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to the study as necessary.
(e)Deadlines.Recommenda-tions.Briefings Required.—(1) Initial briefing.—Not later than March 1, 2022, the Secretary of Defense shall provide a briefing to the congressional defense committees on activities undertaken and planned to conduct the study required by subsection (a), including any barriers to conducting such activities and the resources to be provided to conduct such activities.
(2)Analyses.Interim briefing required.—Not later than 12 months after entering into the agreement under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on interim analyses and recommendations described in subsection
(b)including those that could require modifications to guidance, regulations, or statute.
(3)Plan.Schedule.Final briefing required.—Not later than 60 days after the date on which the report required by subsection
(d)is submitted, the Secretary of Defense shall brief the congressional defense committees on a plan and schedule for implementing the recommendations provided in the report.
(f)Technical Debt Defined.—In this section, the term “**technical debt**” means an element of design or implementation that is expedient in the short term, but that would result in a technical context that can make a future change costlier or impossible. SEC. 836. [10 USC note](/us/usc/t10)prec. 501.CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION EXPERTS.(a) Deadline.In General.—Not later than January 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in software development, acquisition, and sustainment to improve the effectiveness of software development, acquisition, and sustainment programs or activities of the Department of Defense.135 STAT. 1838
(b)Structure.—The Under Secretary of Defense for Acquisition and Sustainment—(1) shall ensure the cadre has the appropriate number of members;
(2)shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(3)Determination.shall determine the appropriate officials to whom members of the cadre shall report.
(c)Assignment.—The Under Secretary of Defense for Acquisition and Sustainment shall establish processes to assign members of the cadre to provide—(1) expertise on matters relating to software development, acquisition, and sustainment; and
(2)support for appropriate programs or activities of the Department of Defense.
(d)Administration.—(1) Coordination.Consultation.In general.—The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the President of the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing personnel and acquisition authorities to establish the cadre, as appropriate, including—(A) [section 9903 of title 5, United States Code](/us/usc/t5/s9903);
(B)authorities relating to services contracting;
(C)the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701 et seq.](/us/usc/t42/s4701/etseq)); and
(D)authorities relating to exchange programs with industry.
(2)Assignments.—Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre.
(3)Preference.—In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense.
(e)Support of Members of the Armed Forces.—The Under Secretary of Defense for Acquisition and Sustainment shall continue to support efforts of the Secretaries concerned to place members of the Armed Forces in software development, acquisition, and sustainment positions and develop software competence in members of the Armed Forces, including those members with significant technical skill sets and experience but who lack formal education, training, or a technology-focused military occupation specialty.
(f)Time period.Funding.—The Under Secretary of Defense for Acquisition and Sustainment is authorized to use amounts in the Defense Acquisition Workforce Development Account (established under [section 1705 of title 10, United States Code](/us/usc/t10/s1705)) for the purpose of recruitment, training, and retention of members of the cadre, including by using such amounts to pay salaries of newly hired members of the cadre for up to three years.
(g)Compliance.—In carrying out this section, the Under Secretary of Defense for Acquisition and Sustainment shall ensure compliance with applicable total force management policies, requirements, and restrictions provided in sections 129a, 2329, and 2461 of [title 10, United States Code](/us/usc/t10).135 STAT. 1839 Subtitle E—Provisions Relating to Supply Chain Security SEC. 841. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE INTEGRITY OF INDUSTRIAL BASE. [Section 2509 of title 10, United States Code](/us/usc/t10/s2509) is amended—(1) in subsection (a)—(A) by striking “existing”; and
(B)by striking “across the acquisition process” and all that follows through “in the Department”;
(2)by striking subsections
(f)and (g);
(3)by redesignating subsections
(b)through
(e)as subsections
(c)through (f), respectively;
(4)by inserting after subsection
(a)the following new subsection:"“(b) Objective.—The objective of subsection
(a)shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department.” ";
(5)in subsection (c), as so redesignated—(A) in paragraph (1), by adding “in implementing subsections
(a)and (b)” before the period at the end; and
(B)in paragraph (2)—(i) in subparagraph (A)(viii), by inserting “by the Secretary of Defense” before the period at the end; and
(ii)in subparagraph (B)—(I) in the text preceding clause (i), by striking “constitute” and inserting “constitutes or may constitute” ; and
(II)in clause (vii), by inserting “by the Secretary of Defense” before the period at the end;
(6)in subsection (d)(11), as so redesignated, by adding “as deemed appropriate by the Secretary” before the period at the end; and
(7)in subsection (e), as so redesignated—(A) in paragraph (1)—(i) in subparagraph (A), by striking “timely”; and
(ii)in subparagraph (B)—(I) by striking clause
(ii)and inserting the following new clause:"“(ii) Assessment.A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2).” "; and
(II)in clause (iii), by inserting “, including the following” after “provides data”; and
(B)by striking paragraph
(2)and inserting the following new paragraph:"“(2)(A) Records.Data.Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include—“(i) Assessment.the ability to continuously collect data on, assess, and mitigate risks;135 STAT. 1840 “(ii) data analytics and business intelligence tools and methods; and “(iii) continuous development and continuous delivery of secure software to implement the activities. “(B) Risk assessments.In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary.” ". SEC. 842. MODIFICATION TO ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY. Section 849 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 4811 note](/us/usc/t10/s4811). is amended—(1) in subsection (b)—(A) in paragraph (1), by striking “Not later than January 15, 2022,” and inserting “With respect to items listed in paragraphs
(1)through
(13)of subsection (c), not later than January 15, 2022, and with respect to items listed in paragraphs
(14)through
(19)of such subsection, not later than January 15, 2023,”; and
(B)in paragraph (2)—(i) by striking “The Secretary of Defense” and inserting “With respect to items listed in paragraphs
(1)through
(13)of subsection (c), during the 2022 calendar year, and with respect to items listed in paragraphs
(14)through
(19)of such subsection, during the 2023 calendar year”; and
(ii)by striking “submitted during the 2022 calendar year”; and
(2)in subsection (c), by adding at the end the following new paragraphs:"“(14) Beef products. “(15) Molybdenum and molybdenum alloys. “(16) Optical transmission equipment, including optical fiber and cable equipment. “(17) Armor on tactical ground vehicles. “(18) Graphite processing. “(19) Advanced AC–DC power converters.” ". SEC. 843. [10 USC note](/us/usc/t10)prec. 3344.ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.(a) In General.—Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall—(1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and
(2)Requirement.Compliance.require assurances that the offeror will comply with the requirements of subsections
(b)and (c).
(b)Requirement.—An offeror for the supply of fuel for any overseas contingency operation shall—(1) Certification.certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and135 STAT. 1841
(2)Records.Verification.Compliance.Determination.furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary determines necessary, including—(A) the Foreign Corrupt Practices Act ([15 U.S.C. 78dd–1 et seq.](/us/usc/t15/s78dd–1/etseq));
(B)the regulations contained in parts 120 through 130 of [title 22, Code of Federal Regulations](/us/cfr/t22), or successor regulations (commonly known as the “International Traffic in Arms Regulations”);
(C)the regulations contained in parts 730 through 774 of [title 15, Code of Federal Regulations](/us/cfr/t15), or successor regulations (commonly known as the “Export Administration Regulations”); and
(D)such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury.
(c)Effective date.Applicability.—Subsections
(a)and
(b)of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act.
(d)Consideration of Tradeoff Processes.—If the Secretary of Defense awards a contract for fuel procurement for an overseas contingency operation, the contracting officer for such contract shall consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including consideration of past performance evaluation, cost, anticorruption training, and compliance. With respect to any such contract awarded for which the contracting officer does not consider tradeoff processes, the contracting officer shall, before issuing a solicitation for such contract, submit to the Secretary a written justification for not considering tradeoff processes in awarding such contract. SEC. 844. [10 USC 4811 note](/us/usc/t10/s4811).ASSESSMENT OF REQUIREMENTS FOR CERTAIN ITEMS TO ADDRESS SUPPLY CHAIN VULNERABILITIES.(a) Definitions.—In this section, the term “**dual-use**” has the meaning given in [section 2500 of title 10, United States Code](/us/usc/t10/s2500).
(b)Assessment.—The Secretary of Defense shall assess the requirements of the Department of Defense for dual-use items covered by [section 2533a of title 10, United States Code](/us/usc/t10/s2533a).
(c)Policies.—The Secretary of Defense shall develop or revise and implement relevant policies to track and reduce fluctuations in supply chain forecasting and encourage predictable demand requirements for annual procurements of such dual-use items by the Office the Secretary of Defense, each military department, and the Defense Logistics Agency.
(d)Report and Briefings.—(1) Assessment report.—(A) In general.—Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the assessment conducted under subsection (b).
(B)Form.—The report required by subparagraph
(A)shall be submitted in an unclassified form, but may include a classified annex to the extent required to protect the national security of the United States.
(2)Quarterly briefings.—(A) Deadline.Termination date.In general.—Not later than March 1, 2023, and quarterly thereafter until March 1, 2026, each Secretary 135 STAT. 1842 of a military department and the Director of the Defense Logistics Agency shall brief the Under Secretary of Defense for Acquisition and Sustainment on the fluctuations in supply chain forecasting and demand requirements for each dual-use item covered by [section 2533a of title 10, United States Code](/us/usc/t10/s2533a).
(B)Documentation.—Each briefing under subparagraph
(A)shall be accompanied by documentation regarding the particular points of discussion for that briefing, including the fluctuations described in such subparagraph, expressed as a percentage. SEC. 845. [30 USC 1606 note](/us/usc/t30/s1606).DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PRIORITIES. The Secretary of Defense shall cooperate with the Secretary of Energy to ensure that the priorities of the Department of Defense with respect to the research and development of alternative technologies to, and methods for the extraction, processing, and recycling of, critical minerals (as defined in section 2(b) of the National Materials and Minerals Policy, Research, and Development Act of 1980 ([30 U.S.C. 1601(b)](/us/usc/t30/s1601/b))) are considered and included where feasible in the associated research and development activities funded by the Secretary of Energy pursuant to the program established under paragraph
(g)of section 7002 of division Z of the Consolidated Appropriations Act, 2021 ([Public Law 116–260](/us/pl/116/260)). SEC. 846. REPORT ON THE MANUFACTURING ENGINEERING EDUCATION PROGRAM.(a) Coordination.Report Required.—Not later than March 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the Manufacturing Engineering Education Program established under [section 2196 of title 10, United States Code](/us/usc/t10/s2196) (referred to in this section as the “Program”).
(b)Elements.—The report required under subsection
(a)shall include the following elements for the Program:(1) Summary.Grants.A summary of activities conducted, and grants or awards made, during the previous fiscal year.
(2)The extent to which the Program can be modified to improve collaboration among institutions of higher education, career and technical education programs, workforce development boards, labor organizations, and organizations representing defense industrial base contractors to focus on career pathways for individuals seeking careers in manufacturing.
(3)Assessment.Costs.An assessment of the benefits and costs of enhancing or expanding the Program to include individuals attending secondary schools and career and technical education programs not considered institutions of higher education.
(4)Recommenda-tions.Recommendations for legislative changes or other incentives that could improve career pathways for individuals seeking careers in manufacturing, particularly in support of the defense industrial base.
(5)Other related matters the Secretary deems appropriate.
(c)Definitions.—In this section:(1) The term “**career and technical education**” has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2302](/us/usc/t20/s2302)).135 STAT. 1843
(2)The term “**defense industrial base contractor**” means a prime contractor or subcontractor (at any tier) in the defense industrial base.
(3)The term “**institution of higher education**” has the meaning given such term in [section 1001 of title 20, United States Code](/us/usc/t20/s1001).
(4)The term “**labor organization**” has the meaning given such term in section 2 of the National Labor Relations Act (29 [14 U.S.C. 152](/us/usc/t14/s152)).
(5)The term “**workforce development board**” means a State board or a local board, as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act ([29 U.S.C. 3102](/us/usc/t29/s3102)). SEC. 847. [10 USC 4811 note](/us/usc/t10/s4811).PLAN AND REPORT ON REDUCTION OF RELIANCE ON SERVICES, SUPPLIES, OR MATERIALS FROM COVERED COUNTRIES.(a) Consultation.Plan.—The Secretary of Defense, in consultation with the Secretary of State, shall develop and implement a plan to—(1) reduce the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries; and
(2)mitigate the risks to national security and the defense supply chain arising from the reliance of the United States on such sources for services, supplies, or materials to meet critical defense requirements.
(b)Report.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing the plan required under subsection (a).
(c)Covered Country Defined.—In this section, the term “**covered country**” means North Korea, China, Russia, and Iran. SEC. 848. China.[10 USC note](/us/usc/t10)prec. 4651.PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS REGION.(a) Prohibition on the Availability of Funds for Certain Procurements From XUAR.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.
(b)Deadline.Certification. Rulemaking.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to require a certification from offerors for contracts with the Department of Defense stating the offeror has made a good faith effort to determine that forced labor from XUAR, as described in subsection (a), was not or will not be used in the performance of such contract.
(c)Definitions.—In this section:(1) The term “**forced labor**” means all work or service which is exacted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.
(2)The term “**person**” means—135 STAT. 1844(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or
(B)any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A).
(3)The term “**XUAR**” means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China. Subtitle F—Industrial Base Matters SEC. 851. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION RESTRICTIONS.(a) In General.—[Section 2533d of title 10, United States Code](/us/usc/t10/s2533d), is amended—(1) in subsection (a)—(A) in paragraph (1), by striking “January 1, 2023” and inserting “the date determined under paragraph (3)”; and
(B)by adding at the end the following new paragraph:"“(3) Paragraph
(1)shall take effect on January 1, 2027.” ";
(2)in subsection (c)—(A) in paragraph (2)—(i) in the matter preceding subparagraph (A), by inserting “specified type of” after “means any”;
(ii)in subparagraph (A), by striking “(as such terms are defined under sections 103 and 103a of title 41, respectively)”; and
(iii)by amending subparagraph
(B)to read as follows:"“(B) is a component of—“(i) a defense security system; or “(ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired.” "; and
(B)Definitions.by adding at the end the following new paragraphs:"“(4) Commercial product; commercial service; commercially available off-the shelf item.—The terms ‘commercial product’, ‘commercial service’, and ‘commercially available off-the-shelf item’ have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively. “(5) Defense security system.—“(A) The term ‘**defense security system**’ means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which—“(i) involves command and control of an armed force; “(ii) involves equipment that is an integral part of a weapon or weapon system; or “(iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.135 STAT. 1845 “(B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). “(6) Specified type.—The term ‘**specified type**’ means a printed circuit board that is—“(A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and “(B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).” "; and
(3)by amending subsection
(d)to read as follows:"“(d) Rulemaking.—“(1) The Secretary may issue rules providing that subsection
(a)may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if—“(A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2302 note](/us/usc/t10/s2302)); and “(B) either—“(i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or “(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense. “(2) Time period.The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section. “(3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.” ".
(b)Modification of Independent Assessment of Printed Circuit Boards.—Section 841(d) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3764](/us/stat/134/3764). is amended—(1) in paragraph (1)—135 STAT. 1846(A) by striking “the date of enactment of this Act” and inserting “the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”;
(B)by striking “shall seek to enter” and inserting “shall enter”;
(C)by striking “to include printed circuit boards in commercial products or services, or in” and inserting “to include printed circuit boards in other commercial or”; and
(D)by striking “the scope of mission critical” and all that follows through the period at the end and inserting “types of systems, other than defense security systems (as defined in [section 2533d(c) of title 10, United States Code](/us/usc/t10/s2533d/c)), that should be subject to the prohibition in [section 2533d(a) of title 10, United States Code](/us/usc/t10/s2533d/a).”;
(2)in the heading for paragraph (2), by striking “department of defense” and inserting “Department of defense”;
(3)in paragraph (2), by striking “one year after entering into the contract described in paragraph (1)” and inserting “January 1, 2023”;
(4)in the heading for paragraph (3), by striking “congress” and inserting “Congress”; and
(5)Determination.in paragraph (3), by inserting after “the recommendations of the report.” the following: “The Secretary shall use the report to determine whether any systems, other than defense security systems (as defined in [section 2533d(c) of title 10, United States Code](/us/usc/t10/s2533d/c)), or other types of printed circuit boards should be subject to the prohibition in [section 2533d(a) of title 10, United States Code](/us/usc/t10/s2533d/a).”. SEC. 852. MODIFICATION OF PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES. Section 851 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1510](/us/stat/133/1510); [10 U.S.C. 2283 note](/us/usc/t10/s2283)) is amended to read as follows:"“SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.“(a) Establishment.—The Secretary of Defense may authorize the Commander of the United States Special Operations Command to use funds described in subsection
(b)for a pilot program under which the Commander shall make, through the use of a partnership intermediary, covered awards to small business concerns to develop technology-enhanced capabilities for special operations forces. “(b) Funds.—“(1) In general.—The funds described in this subsection are funds transferred to the Commander of the United States Special Operations Command to carry out the pilot program established under this section from funds available to be expended by each covered entity pursuant to section 9(f) of the Small Business Act ([15 U.S.C. 638(f)](/us/usc/t15/s638/f)). “(2) Limitations.—“(A) Fiscal year.—A covered entity may not transfer to the Commander an amount greater than 10 percent of the funds available to be expended by such covered entity pursuant to such section 9(f) for a fiscal year.135 STAT. 1847 “(B) Aggregate amount.—The aggregate amount of funds to be transferred to the Commander may not exceed $20,000,000. “(c) Partnership Intermediaries.—“(1) Authorization.—The Commander may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns. “(2) Limitation.—None of the funds described in subsection
(b)may be used to pay a partnership intermediary for any costs associated with the pilot program. “(3) Data.—With respect to a covered award made under this section, the Commander shall gather data on the role of the partnership intermediary to include the—“(A) staffing structure; “(B) funding sources; and “(C) methods for identifying and evaluating small business concerns eligible for a covered award. “(d) Report.—“(1) Coordination.Annual report.—Not later than October 1 of each year until October 1, 2026, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees, the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report including—“(A) a description of each agreement with a partnership intermediary entered into pursuant to this section; “(B) for each covered award made under this section—“(i) a description of the role served by the partnership intermediary; “(ii) the amount of funds obligated; “(iii) an identification of the small business concern that received such covered award; “(iv) a description of the use of such covered award; “(v) a description of the role served by the program manager (as defined in [section 1737 of title 10, United States Code](/us/usc/t10/s1737)) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and “(vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and “(C) Plan.a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces.135 STAT. 1848 “(2) Recommenda-tions.Final report.—The final report required under this subsection shall include, along with the requirements of paragraph (1), a recommendation regarding—“(A) whether and for how long the pilot program established under this section should be extended; and “(B) whether to increase funding for the pilot program, including a justification for such an increase. “(e) Termination.—The authority to carry out a pilot program under this section shall terminate on September 30, 2025. “(f) Definitions.—In this section:“(1) The term ‘**covered award**’ means an award made under the Small Business Innovation Research Program. “(2) The term ‘**covered entity**’ means—“(A) the Army; “(B) the Navy; “(C) the Air Force; “(D) the Marine Corps; “(E) the Space Force; and “(F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program. “(3) The term ‘**partnership intermediary**’ has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3715(c)](/us/usc/t15/s3715/c)). “(4) The term ‘**small business concern**’ has the meaning given the term under section 3 of the Small Business Act ([15 U.S.C. 632](/us/usc/t15/s632)). “(5) The term ‘**Small Business Innovation Research Program**’ has the meaning given the term in section 9(e) of the Small Business Act ([15 U.S.C. 638(e)](/us/usc/t15/s638/e)). “(6) The term ‘**technology-enhanced capability**’ means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.” ". SEC. 853. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE PORTAL MODELS. Section 846(c) of the National Defense Authorization Act for Fiscal Year 2018 ([41 U.S.C. 1901 note](/us/usc/t41/s1901)) is amended by adding at the end the following new paragraphs:"“(5) Deadline.Additional testing.—Not later than 180 days after the date of the enactment of this paragraph, the Administrator shall—“(A) begin testing commercial e-commerce portal models (other than any such model selected for the initial proof of concept) identified pursuant to paragraph (2); and “(B) Reports.submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes—“(i) Summary.Assessments.a summary of the assessments conducted under paragraph
(2)with respect to a commercial e-commerce portal model identified pursuant to such paragraph; “(ii) List.a list of the types of commercial products that could be procured using models tested pursuant to subparagraph (A);135 STAT. 1849 “(iii) Estimate.an estimate of the amount that could be spent by the head of a department or agency under the program, disaggregated by type of commercial e-commerce portal model; and “(iv) Update.an update on the models tested pursuant to subparagraph
(A)and a timeline for completion of such testing. “(6) Report.—Upon completion of testing conducted under paragraph
(5)and before taking any action with respect to the commercial e-commerce portal models tested, the Administrator of General Services shall submit to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of such testing that includes—“(A) Assessment.an assessment and comparison of commercial e-commerce portal models with respect to—“(i) price and quality of the commercial products supplied by each commercial e-commerce portal model; “(ii) supplier reliability and service; “(iii) safeguards for the security of Government information and third-party supplier proprietary information; “(iv) protections against counterfeit commercial products; “(v) supply chain risks, particularly with respect to complex commercial products; and “(vi) overall adherence to Federal procurement rules and policies; and “(B) Analysis.an analysis of the costs and benefits of the convenience to the Federal Government of procuring commercial products from each such commercial e-commerce portal model.” ". SEC. 854. [10 USC 4811 note](/us/usc/t10/s4811).REQUIREMENT FOR INDUSTRY DAYS AND REQUESTS FOR INFORMATION TO BE OPEN TO ALLIED DEFENSE CONTRACTORS.(a) Deadline.Determination.In General.—Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall implement a requirement that industry days and requests for information regarding acquisition programs and research and development efforts of the Department of Defense shall, to the maximum extent practicable, be open to defense contractors of the national technology and industrial base, including when such contractors are acting as subcontractors in partnership with a United States contractor, provided such access is granted only if the Secretary of Defense or the relevant Secretary concerned determines that there is reciprocal access for United States companies to equivalent information related to contracting opportunities in the associated country that is part of the national technology and industrial base.
(b)Definitions.—In this section:(1) National technology and industrial base.—The term “**national technology and industrial base**” has the meaning given the term in [section 2500 of title 10, United States Code](/us/usc/t10/s2500).
(2)Secretary concerned; service acquisition executive.—The terms “Secretary concerned” and “service acquisition 135 STAT. 1850 executive” have the meanings given such terms in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a). SEC. 855. Contracts.[10 USC note](/us/usc/t10)prec. 4651.EMPLOYMENT TRANSPARENCY REGARDING INDIVIDUALS WHO PERFORM WORK IN THE PEOPLE’S REPUBLIC OF CHINA.(a) Disclosure Requirements.—(1) Determination.Initial disclosures.—The Secretary of Defense shall require each covered entity to disclose to the Secretary of Defense if the entity employs one or more individuals who will perform work in the People’s Republic of China on a covered contract when the entity submits a bid or proposal for such covered contract, except that such disclosure shall not be required to the extent that the Secretary determines that such disclosure would not be in the interest of national security.
(2)Time period.Recurring disclosures.—For each of fiscal years 2023 and 2024, the Secretary of Defense shall require each covered entity that is a party to one or more covered contracts in the fiscal year to disclose to the Secretary if the entity employs one or more individuals who perform work in the People’s Republic of China on any such contract.
(3)Matters to be included.—If a covered entity required to make a disclosure under paragraph
(1)or
(2)employs any individual who will perform work in the People’s Republic of China on a covered contract, such disclosure shall include—(A) the total number of such individuals who will perform work in the People’s Republic of China on the covered contracts funded by the Department of Defense; and
(B)a description of the physical presence in the People’s Republic of China where work on the covered contract will be performed.
(b)Funding for Covered Entities.—The Secretary of Defense may not award a covered contract to, or renew a covered contract with, a covered entity unless such covered entity has submitted each disclosure such covered entity is required to submit under subsection (a).
(c)Effective date.Summaries.Semi-annual Briefing.—Beginning on January 1, 2023, the Secretary of Defense shall provide to the congressional defense committees semi-annual briefings that summarize the disclosures received by the Department over the previous 180 days pursuant to this section, and such briefings may be classified.
(d)Definitions.—In this section:(1) Covered contract.—The term “**covered contract**” means any Department of Defense contract or subcontract with a value in excess of $5,000,000, excluding contracts for commercial products or services.
(2)Covered entity.—The term “**covered entity**” means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary thereof, performing work on a covered contract in the People’s Republic of China, including by leasing or owning real property used in the performance of the covered contract in the People’s Republic of China.
(e)Effective Date.—This section shall take effect on July 1, 2022.135 STAT. 1851 SEC. 856. BRIEFING ON COMPLIANCE WITH CONTRACTOR LOBBYING RESTRICTIONS.(a) Deadline.Briefing Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees with a briefing on the progress of the Department in ensuring compliance with the requirements of section 1045 of the National Defense Authorization Act for Fiscal Year 2018 ([10 U.S.C. 971 note](/us/usc/t10/s971) prec; [Public Law 115-91](/us/pl/115/91); [131 Stat. 155](/us/stat/131/155)).
(b)Elements.—The briefing required in paragraph
(a)shall include—(1) the number, title, and status of any open Defense Federal Acquisition Regulation Supplement case relating to such section;
(2)Timeline.the timeline for closing any such Defense Federal Acquisition Regulation Supplement case; and
(3)other related matters the Secretary deems appropriate. SEC. 857. CONGRESSIONAL OVERSIGHT OF PERSONNEL AND CONTRACTS OF PRIVATE SECURITY CONTRACTORS.(a) Report on Actions Taken to Implement Government Accountability Office Recommendations.—Consultation.Reports.Recommenda-tions.Not later than October 1, 2022, the Secretary of Defense, in consultation with each Secretary of a military department (as defined in [section 101 of title 10, United States Code](/us/usc/t10/s101)), shall submit to the congressional defense committees a report on the efforts and plans of the Department of Defense to implement the recommendations contained in the report of the Government Accountability Office titled “Private Security Contractors: DOD Needs to Better Identify and Monitor Personnel and Contracts” (GAO–21–255), dated July 29, 2021.
(b)Contents.—The report required by subsection
(a)shall include—(1) Summary.a summary of the actions planned or taken by the Secretary of Defense to implement the recommendations in the report of the Government Accountability Office described in such subsection; and
(2)Schedule.a schedule for completing the implementation of each such recommendation, including specific milestones for such implementation.
(c)Form.—The report required by subsection
(a)shall be submitted in unclassified form but may include a classified annex. Subtitle G—Small Business Matters SEC. 861. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC INFLATION ADJUSTMENTS TO THE ACQUISITION-RELATED DOLLAR THRESHOLD.(a) In General.—[Section 1908(b)(2) of title 41, United States Code](/us/usc/t41/s1908/b/2), is amended—(1) in subparagraph (B), by striking “or” at the end;
(2)in subparagraph (C), by striking the period at the end and inserting “; or”; and
(3)by adding at the end the following new subparagraph:"“(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by 135 STAT. 1852 regulation in effect on the date of the enactment of this subparagraph shall remain in effect.” ".
(b)Technical Amendment.—Section 1908(d) of such title is amended by striking the period at the end. SEC. 862. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.(a) Extension.—Subsection
(f)of section 873 of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92); [10 U.S.C. 2306a note](/us/usc/t10/s2306a)) is amended by striking “October 1, 2022” and inserting “October 1, 2024”.
(b)Plan.[10 USC 3702 note](/us/usc/t10/s3702).Data Collection.—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the use of authority under such section 873 for the purposes of—(1) developing and sharing best practices; and
(2)providing information to the Secretary of Defense and Congress on the use of authority under such section 873 and related policy issues.
(c)Deadline.Recommendation on Extension.—Not later than April 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a recommendation regarding a further extension of the pilot program for streamlining awards for innovative technology projects established under such section 873, and if applicable, the duration of any such extension. SEC. 863. PROTESTS AND APPEALS RELATING TO ELIGIBILITY OF BUSINESS CONCERNS. Section 5(i) of the Small Business Act ([15 U.S.C. 634(i)](/us/usc/t15/s634/i)) is amended—(1) by redesignating paragraph
(4)as paragraph (5); and
(2)by inserting after paragraph
(3)the following new paragraph:"“(4) Deadlines.Determinations regarding status of concerns.—“(A) Update.In general.—Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system). “(B) Administrator updates.—If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update. “(C) Notification.—A concern required to make an update described under subparagraph
(A)shall notify a contracting officer for each contract with respect to which such concern has an offer or bid pending of the determination made under subparagraph (A), if the concern finds, in good faith, that such determination affects the eligibility of the concern to perform such a contract.” ". SEC. 864. Deadline.Regulations.[15 USC 634 note](/us/usc/t15/s634).AUTHORITY FOR THE OFFICE OF HEARINGS AND APPEALS TO DECIDE APPEALS RELATING TO QUALIFIED HUBZONE SMALL BUSINESS CONCERNS. Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue a rule authorizing the Office of Hearings and Appeals of 135 STAT. 1853 the Administration to decide all appeals from formal protest determinations in connection with the status of a concern as a qualified HUBZone small business concern (as such term is defined in section 31(b) of the Small Business Act ([15 U.S.C. 657a(b)](/us/usc/t15/s657a/b)). SEC. 865. [10 USC 4901 note](/us/usc/t10/s4901).REPORT ON UNFUNDED PRIORITIES OF THE SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM.(a) Time period.In General.—Not later than 10 days after the date on which the budget of the President for fiscal years 2022 through 2032 is submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105), each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to high-priority Small Business Innovation Research and Small Business Technology Transfer projects.
(b)Elements.—(1) In general.—Each report under subsection
(a)shall include identification of not more than five unfunded priority projects and the following information for each such unfunded priority project:(A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part).
(B)The additional amount of funds recommended to achieve the objectives identified under subparagraph (A).
(C)Account information with respect to such unfunded priority project, including, as applicable, the following:(i) Line item number, in the case of applicable procurement accounts.
(ii)Program element number, in the case of applicable research, development, test, and evaluation accounts.
(iii)Subactivity group, in the case of applicable operation and maintenance accounts.
(2)Priority.—Each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall ensure that the unfunded priorities covered by a report submitted under subsection
(a)are listed in the order of urgency of priority.
(c)Definitions.—In this section:(1) Unfunded priority.—The term “**unfunded priority**”, with respect to a fiscal year, means a specific project related to a project successfully funded under Phase II of the Small Business Innovation Research or Small Business Technology Transfer program that—(A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105);
(B)has the potential to—(i) advance the national security capabilities of the United States;
(ii)provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and135 STAT. 1854
(iii)provide future cost savings; and
(C)would have been recommended for funding through the budget referred to in subparagraph
(A)if—(i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or
(ii)the program, activity, or mission requirement for such specific project had emerged before the budget was formulated.
(2)Phase ii; small business innovation research; small business technology transfer.—The terms “Phase II”, “Small Business Innovation Research”, and “Small Business Technology Transfer” have the meanings given such terms, respectively, in section 9(e) of the Small Business Act ([15 U.S.C. 638(e)](/us/usc/t15/s638/e)). SEC. 866. REPORT ON CYBERSECURITY MATURITY MODEL CERTIFICATION EFFECTS ON SMALL BUSINESS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the effects of the Cybersecurity Maturity Model Certification framework of the Department of Defense on small business concerns (as defined under section 3 of the Small Business Act ([15 U.S.C. 632](/us/usc/t15/s632)), including—(1) Cost estimate.the estimated costs of complying with each level of the framework based on verified representative samples of actual costs of compliance small business concerns and an explanation of how these costs will be recoverable by such small business concerns;
(2)Estimate.the estimated change in the number of small business concerns that are part of the defense industrial base resulting from the implementation and use of the framework;
(3)explanations of how the Department of Defense will—(A) mitigate negative effects to such small business concerns resulting from the implementation and use of the framework;
(B)ensure small business concerns are trained on the requirements for passing a third-party assessment, self-assessment, or Government-assessment, as applicable, for compliance with the relevant level of the framework; and
(C)work with small business concerns and nontraditional defense contractors (as defined under [section 2302 of title 10, United States Code](/us/usc/t10/s2302)) to enable such concerns and contractors to bid on and win contracts with the Department without first having to risk funds on costly security certifications; and
(4)Plan.the plan of the Department for conducting oversight of third parties conducting assessments of compliance with the applicable protocols under the framework. SEC. 867. [10 USC 221 note](/us/usc/t10/s221).DATA ON PHASE III SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM AWARDS.(a) Definitions.—In this section, the terms “Phase I”, “Phase II”, “Phase III”, “SBIR”, and “STTR” have the meanings given 135 STAT. 1855 those terms in section 9(e) of the Small Business Act ([15 U.S.C. 638(e)](/us/usc/t15/s638/e)).
(b)Data on Phase III Awards.—Each Secretary of a military department (as defined in [section 101 of title 10, United States Code](/us/usc/t10/s101)) shall collect and submit to the President for inclusion in each budget submitted to Congress under [section 1105 of title 31, United States Code](/us/usc/t31/s1105), data on the Phase III awards under the SBIR and STTR programs of the military department of the Secretary for the immediately preceding fiscal year, including—(1) the cumulative funding amount for Phase III awards;
(2)the number of Phase III award topics;
(3)the total funding obligated for Phase III awards by State;
(4)the original Phase I or Phase II award topics and the associated Phase III contracts awarded;
(5)where possible, an identification of the specific program executive office involved in each Phase III transition; and
(6)List.a list of the five highest performing projects, as determined by the Secretary. Subtitle H—Other Matters SEC. 871. [10 USC 191 note](/us/usc/t10/s191).MISSION MANAGEMENT PILOT PROGRAM.(a) Evaluation.In General.—Subject to the availability of appropriations, the Secretary of Defense shall establish a pilot program to identify lessons learned and improved mission outcomes achieved by quickly delivering solutions that fulfill critical operational needs arising from cross-service missions undertaken by combatant commands through the use of a coordinated and iterative approach to develop, evaluate, and transition such solutions.
(b)Missions Selection.—(1) In general.—Except as provided in paragraph (3), the Deputy Secretary of Defense shall select missions with respect to which to carry out the pilot program.
(2)Selection criteria.—When selecting missions under paragraph (1), the Deputy Secretary of Defense shall—(A) select missions with critical cross-service operational needs; and
(B)consider—(i) the strategic importance of the critical cross-service operational needs to the operational plans of the relevant combatant commands; and
(ii)the advice of key stakeholders, including the Joint Staff, regarding mission selection.
(3)Initial mission.—(A) Deadline.In general.—Not later than four months after the date of the enactment of this section, the Director of the Strategic Capabilities Office shall select the initial mission under the pilot program that has critical cross-service operational needs and which is of strategic importance to the operational plans of the United States Indo-Pacific Command.
(B)Responsibility.—The mission selected under subparagraph
(A)shall be established within the Strategic Capabilities Office of the Department of Defense, in 135 STAT. 1856 coordination with the Office of the Under Secretary of Defense for Research and Engineering.
(C)Mission selection approval.—The mission selected by the Director of the Strategic Capabilities Office under subparagraph
(A)shall be subject to the approval of the Technology Cross-Functional Team of the Strategic Capabilities Office that is chaired by the Under Secretary of Defense for Research and Engineering.
(c)Mission Managers.—(1) In general.—A mission manager shall carry out the pilot program with respect to each mission.
(2)Responsibilities.—With respect to each mission, the relevant mission manager shall—(A) identify critical cross-service, cross-program, and cross-domain operational needs by enumerating the options available to the combatant command responsible for carrying out such mission and determining the resiliency of such options to threats from adversaries;
(B)in coordination with the military services and appropriate Defense Agencies and Field Activities, develop and deliver solutions, including software and information technology solutions and other functionalities unaligned with any one weapon system of a covered Armed Service, to—(i) fulfill critical cross-service, cross-program, and cross-domain operational needs; and
(ii)address future changes to existing critical cross-service, cross-program, and cross-domain operational needs by providing additional capabilities;
(C)work with the combatant command responsible for such mission and the related planning organizers, program managers of a covered Armed Force, and defense research and development activities to carry out iterative testing and support to initial operational fielding of the solutions described in subparagraph (B);
(D)conduct research, development, test, evaluation, and transition support activities with respect to the delivery of the solutions described in subparagraph (B);
(E)seek to integrate existing, emerging, and new capabilities available to the Department of Defense in the development of the solutions described in subparagraph (B), including by incenting and working with program managers of a covered Armed Force; and
(F)provide to the Deputy Secretary of Defense mission management activity updates and reporting on the use of funds under the pilot program with respect to such mission.
(3)Appointment.—Each mission selected under subsection
(b)shall have a mission manager—(A) appointed at the time of mission approval; and
(B)who may be from any suitable organization, except that the mission manager with respect the initial mission under (b)(3) shall be the Director of the Strategic Capabilities Office.
(4)Iterative approach.—The mission manager shall, to the extent practicable, carry out the pilot program with respect to each mission selected under subsection
(b)by integrating 135 STAT. 1857 existing, emerging, and new military capabilities, and managing a portfolio of small, iterative development and support to initial operational fielding efforts.
(5)Other program management responsibilities.—The activities undertaken by the mission manager with respect to a mission, including mission management, do not supersede or replace the program management responsibilities of any other individual that are related to such missions.
(d)Plan.Analysis.Data Collection Requirement.—The Deputy Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of—(1) developing and sharing best practices for applying emerging technology and supporting new operational concepts to improve outcomes on key military missions and operational challenges; and
(2)providing information to the leadership of the Department on the implementation of the pilot program and related policy issues.
(e)Time period.Effective date.Assessments.—During the five-year period beginning on the date of the enactment of this Act, the Deputy Secretary of Defense shall regularly assess—(1) the authorities required by the mission managers to effectively and efficiently carry out the pilot program with respect to the missions selected under subsection (b); and
(2)whether the mission managers have access to sufficient funding to carry out the research, development, test, evaluation, and support to initial operational fielding activities required to deliver solutions fulfilling the critical cross-service, cross-program, and cross-domain operational needs of the missions.
(f)Deadline.Termination date.Briefings.—(1) Semiannual briefing.—(A) In general.—Not later than July 1, 2022, and every six months thereafter until the date that is five years after the date of the enactment of this Act, the mission manager shall provide to the congressional defense committees a briefing on the progress of the pilot program with respect to each mission selected under subsection (b), the anticipated mission outcomes, and the funds used to carry out the pilot program with respect to such mission.
(B)Initial briefing.—The Deputy Secretary of Defense shall include in the first briefing submitted under subparagraph
(A)a briefing on the implementation of the pilot program, including—(i) the actions taken to implement the pilot program;
(ii)Assessment.an assessment of the pilot program;
(iii)requests for Congress to provide authorities required to successfully carry out the pilot program; and
(iv)a description of the data plan required under subsection (d).
(2)Deadline.Time period.Termination date.Annual briefing.—Not later than one year after the date on which the pilot program is established, and annually thereafter until the date that is five years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a briefing on the pilot program, including—135 STAT. 1858
(A)Data.the data collected and analysis performed under subsection (d);
(B)lessons learned;
(C)the priorities for future activities of the pilot program; and
(D)such other information as the Deputy Secretary determines appropriate.
(3)Recommendation.—Not later than two years after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to Congress a briefing on the recommendations of the Deputy Secretary with respect to the pilot program and shall concurrently submit to Congress—(A) Assessment.a written assessment of the pilot program;
(B)a written recommendation on continuing or expanding the mission integration pilot program;
(C)requests for Congress to provide authorities required to successfully carry out the pilot program; and
(D)Data.the data collected and analysis performed under subsection (d).
(g)Effective date.Transition.—Beginning in fiscal year 2025, the Deputy Secretary of Defense may transition responsibilities for research, development, test, evaluation, and support to initial operational fielding activities started under the pilot program to other elements of the Department for purposes of delivering solutions fulfilling critical cross-service, cross-program, and cross-domain operational needs.
(h)Termination Date.—The pilot program shall terminate on the date that is five years after the date of the enactment of this Act.
(i)Rule of Construction.—Nothing in this section shall be construed as providing any authority not otherwise provided by law to procure, or enter agreements to procure, any goods, materials, or services.
(j)Definitions.—In this section:(1) Covered armed force.—The term “**covered Armed Force**” means—(A) the Army;
(B)the Navy;
(C)the Air Force;
(D)the Marine Corps; or
(E)the Space Force.
(2)Cross-functional teams of the strategic capabilities office.—The term “**Cross-Functional Teams of the Strategic Capabilities Office**” means the teams established in the Strategic Capabilities Office of the Department of Defense pursuant to section 233(b) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1277](/us/stat/133/1277); [10 U.S.C. 132 note](/us/usc/t10/s132)).
(3)Cross-service.—The term “**cross-service**” means pertaining to multiple covered Armed Forces.
(4)Cross-domain.—The term “**cross-domain**” means pertaining to multiple operational domains of land, maritime, air, space, and cyberspace.
(4)Cross-service operational need.—The term “**cross-service operational need**” means an operational need arising from a mission undertaken by a combatant command which involves multiple covered Armed Forces.135 STAT. 1859
(5)Defense agency; military department.—The terms “Defense Agency” and “military department” have the meanings given such terms in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a).
(6)Field activity.—The term “**Field Activity**” has the meaning given the term “**Department of Defense Field Activity**” in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a).
(7)Mission management.—The term “**mission management**” means the integration of materiel, digital, and operational elements to improve defensive and offensive options and outcomes for a specific mission or operational challenge.
(8)Pilot program.—The term “**pilot program**” means the pilot program established under subsection (a). SEC. 872. [10 USC 191 note](/us/usc/t10/s191).ESTABLISHMENT OF MISSION-ORIENTED PILOT PROGRAMS TO CLOSE SIGNIFICANT CAPABILITIES GAPS.(a) In General.—The Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by developing and implementing capabilities and by synchronizing and integrating missions across covered Armed Forces and Defense Agencies.
(b)Elements.—The pilot programs established under subsection
(a)shall—(1) seek to address specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command;
(2)be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop technologies and overall capabilities that resolve significant capability gaps for delivery to the Department of Defense, as a product or as a service;
(3)Deadline.not later than three years after the date on which the pilot program commences, demonstrate the efficacy of the solutions being developed under the pilot program;
(4)Deadline.deliver an operational capability not later than five years after the pilot program commences;
(5)provide an operationally relevant solution for—(A)(i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or
(ii)an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and (B)(i) providing a resilient logistic and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or
(ii)an operational challenge of similar strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and
(6)incorporate—135 STAT. 1860
(A)existing and planned Department of Defense systems and capabilities to achieve mission objectives; and
(B)to the extent practicable, technologies that have military applications and the potential for nonmilitary applications.
(c)Role of Strategic Capabilities Office.—(1) Consultation.In general.—With respect to the pilot programs established under subsection (a), the Director of the Strategic Capabilities Office, in consultation with the Under Secretary of Defense for Research and Engineering, shall—(A) Coordination.assign mission managers or program managers—(i) to coordinate and collaborate with entities awarded contracts or agreements under the pilot program, parties to cost sharing agreements for such awarded contracts or agreements, combatant commands, and military departments to define mission requirements and solutions; and
(ii)to coordinate and monitor pilot program implementation;
(B)provide technical assistance for pilot program activities, including developing and implementing metrics, which shall be used—(i) Assessment.to assess each operational challenge such pilot programs are addressing; and
(ii)to characterize the resilience of solutions being developed under the pilot programs to known threats and single points of failure;
(C)provide operational use case expertise to the entities awarded contracts or agreements under the pilot program and parties to cost sharing agreements for such awarded contracts or agreements;
(D)serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs; and
(E)use flexible acquisition practices and authorities, including—(i) the authorities under section 2371 and 2371b of [title 10, United States Code](/us/usc/t10);
(ii)payments for demonstrated progress;
(iii)authorities under the Defense Production Act of 1950 ([50 U.S.C. 4501 et seq.](/us/usc/t50/s4501/etseq)); and
(iv)other acquisition practices that support efficient and effective access to emerging technologies and capabilities, including technologies and capabilities from companies funded with private investment.
(2)Reports to congress.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Director of the Strategic Capabilities Office shall submit to the congressional defense committees a report on the pilot programs.
(d)Assessment.Additional Authorities.—The Secretary of Defense shall assess authorities required for such mission managers and program managers to effectively and efficiently fulfill their responsibilities under the pilot programs, including the delegation of personnel hiring and contracting authorities.135 STAT. 1861
(e)Data.—The Secretary of Defense shall establish mechanisms to collect and analyze data on the implementation of the pilot programs for the purposes of—(1) developing and sharing best practices for achieving goals established for the pilot programs; and
(2)providing information to the Secretary and the congressional defense committees on—(A) the implementation of the pilot programs; and
(B)related policy issues.
(f)Deadline.Recommendations.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot program.
(g)Effective date.Transition of Pilot Program Responsibilities.—Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization.
(h)Definitions.—In this section:(1) Covered armed force.—The term “**covered Armed Force**” means—(A) the Army;
(B)the Navy;
(C)the Air Force;
(D)the Marine Corps; or
(E)the Space Force.
(2)Defense agency.—The term “**Defense Agency**” has the meaning given such term in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a).
(3)Mission manager.—The term “**mission manager**” means an individual that, with respect to a mission under a pilot program established under subsection (a), shall have the responsibilities described in subparagraphs
(B)through
(F)of section 871(c)(2) of this Act. SEC. 873. INDEPENDENT STUDY ON ACQUISITION PRACTICES AND POLICIES.(a) Deadline.Contracts.Study Required.—Not later than March 30, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center under which such center shall conduct a study on the acquisition practices and policies described in subsection (b).
(b)Study Elements.—The study required under subsection
(a)shall identify the knowledge and tools needed for the acquisition workforce of the Department of Defense to—(1) engage in acquisition planning practices that assess the cost, resource, and energy preservation differences resulting from selecting environmentally preferable goods or services when identifying requirements or drafting statements of work;
(2)engage in acquisition planning practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including—(A) technical specifications that establish performance levels for goods and services to diminish greenhouse gas emissions;
(B)statements of work or specifications restricted to environmentally preferable goods or services where the 135 STAT. 1862 quality, availability, and price is comparable to traditional goods or services;
(C)engaging in public-private partnerships to design, build, and fund resilient, low-carbon infrastructure;
(D)collaborating with local jurisdictions surrounding military installations, with a focus on reducing environmental costs; and
(E)technical specifications that consider risk to supply chains from extreme weather and changes in environmental conditions;
(3)employ source selection practices that promote the acquisition of resilient and resource-efficient goods and services and that support innovation in environmental technologies, including—(A) considering resilience, low-carbon, or low-toxicity criteria as competition factors on the basis of which the award is made in addition to cost, past performance, and quality factors;
(B)using accepted standards, emissions data, certifications, and labels to verify the environmental impact of a good or service and enhance procurement efficiency;
(C)Evaluation.evaluating the veracity of certifications and labels purporting to convey information about the environmental impact of a good or service; and
(D)considering the costs of a good or service that will be incurred throughout its lifetime, including operating costs, maintenance, end of life costs, and residual value, including costs resulting from the carbon dioxide and other greenhouse gas emissions associated with the good or service; and
(4)consider external effects, including economic, environmental, and social, arising over the entire life cycle of an acquisition when making acquisition planning and source selection decisions.
(c)Reports.Submission to Department of Defense.—Not later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection
(a)shall submit to the Secretary of Defense a report on the results of the study in an unclassified form but may include a classified annex.
(d)Records.Submission to Congress.—Not later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy along with any comments the Secretary may have with respect to the report.
(e)Definitions.—In this section:(1) The term “**environmentally preferable**”, with respect to a good or service, means that the good or service has a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose or achieve the same or substantially similar result. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the good or service.
(2)The term “**resource-efficient goods and services**” means goods and services—135 STAT. 1863(A) that use fewer resources than competing goods and services to serve the same purposes or achieve the same or substantially similar result as such competing goods and services; and
(B)for which the negative environmental impacts across the full life cycle of such goods and services are minimized. SEC. 874. [10 USC 3204 note](/us/usc/t10/s3204).PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES.(a) Qualified Business Wholly-owned Through an Employee Stock Ownership Plan Defined.—The term “**qualified businesses wholly-owned through an Employee Stock Ownership Plan**” means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of such Code).
(b)Pilot Program to Use Noncompetitive Procedures for Certain Follow-on Contracts to Qualified Businesses Wholly-Owned Through an Employee Stock Ownership Plan.—(1) Establishment.—The Secretary of Defense may establish a pilot program to carry out the requirements of this section.
(2)Follow-on contracts.—Notwithstanding the requirements of [section 2304 of title 10, United States Code](/us/usc/t10/s2304), and with respect to a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly-owned through an Employee Stock Ownership Plan, the products or services to be procured under the follow-on contract may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly-owned through an Employee Stock Ownership Plan on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database.
(3)Limitation.—A qualified business wholly-owned through an Employee Stock Ownership Plan may have a single opportunity for award of a sole-source follow-on contract under this section, unless a senior contracting official (as defined in [section 1737 of title 10, United States Code](/us/usc/t10/s1737)) approves a waiver of the requirements of this section.
(c)Verification and Reporting of Qualified Businesses Wholly-owned Through an Employee Stock Ownership Plan.Procedures.—Under a pilot program established under this section, the Secretary of Defense shall establish procedures—(1) Verification.for businesses to verify status as a qualified businesses wholly-owned through an Employee Stock Ownership Plan for the purposes of this section by using existing Federal reporting mechanisms;
(2)Certification.for a qualified businesses wholly-owned through an Employee Stock Ownership Plan to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and135 STAT. 1864
(3)to record information on each follow-on contract awarded under subsection (b), including details relevant to the nature of such contract and the qualified business wholly-owned through an Employee Stock Ownership Plan that received such contract, and to provide such information to the Comptroller General of the United States.
(d)Data.—(1) Analysis.In general.—If the Secretary of Defense establishes a pilot program under this section, the Secretary shall establish mechanisms to collect and analyze data on the pilot program for the purposes of—(A) developing and sharing best practices relating to the pilot program;
(B)providing information to leadership and the congressional defense committees on the pilot program, including with respect to each qualified business wholly-owned through an Employee Stock Ownership Plan that received a follow-on contract under this section—(i) the size of such business;
(ii)performance of the follow-on contract; and
(iii)other information as determined necessary; and
(C)providing information to leadership and the congressional defense committees on policy issues related to the pilot program.
(2)Limitation.—The Secretary of Defense may not carry out the pilot program under this section before—(A) completing a data collection and reporting strategy and plan to meet the requirements of this subsection; and
(B)Strategy.Plan.submitting the strategy and plan to the congressional defense committees.
(e)Sunset.—Any pilot program established under this section shall expire on the date that is five years after the date of the enactment of this Act.
(f)Comptroller General Report.—(1) In general.—Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on any individual and aggregate uses of the authority under a pilot program established under this section.
(2)Elements.—The report under paragraph
(1)shall include the following elements:(A) Assessment.An assessment of the frequency and nature of the use of the authority under the pilot program.
(B)Assessment.An assessment of the impact of the pilot program in supporting the national defense strategy required under [section 113(g) of title 10, United States Code](/us/usc/t10/s113/g).
(C)The number of businesses that became qualified businesses wholly-owned through an Employee Stock Ownership Plan in order to benefit from the pilot program and the factors that influenced that decision.
(D)Acquisition authorities that could incentivize businesses to become qualified businesses wholly-owned through an Employee Stock Ownership Plan, including an extension of the pilot program.
(E)Any related matters the Comptroller General considers appropriate.135 STAT. 1865 SEC. 875. [10 USC note](/us/usc/t10)prec. 3344.GUIDANCE, TRAINING, AND REPORT ON PLACE OF PERFORMANCE CONTRACT REQUIREMENTS.(a) Guidance and Training.—Not later than July 1, 2022, the Secretary of Defense shall—(1) issue guidance on covered contracts to ensure that, to the maximum extent practicable, the terms of such covered contract avoid specifying an unnecessarily restrictive place of performance for such covered contract; and
(2)implement any necessary training for appropriate individuals relating to the guidance required under paragraph (1).
(b)Report.—(1) In general.—Not later than July 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on covered contracts.
(2)Elements.—The report required under paragraph
(1)shall include the following elements:(A) A description of the criteria that is considered when the Secretary specifies a particular place of performance in a covered contract.
(B)Time period.The number of covered contracts awarded during each of fiscal years 2016 through 2020.
(C)Assessment.An assessment of the extent to which revisions to guidance or regulations related to the use of covered contracts could improve the effectiveness and efficiency of the Department of Defense, including a description of such revisions.
(c)Covered Contract Defined.—In this section, the term “**covered contract**” means a contract for which the Secretary of Defense specifies the place of performance for such contract. SEC. 876. Deadlines.Contracts.[10 USC 2679 note](/us/usc/t10/s2679).NOTIFICATION OF CERTAIN INTERGOVERNMENTAL SUPPORT AGREEMENTS.(a) Time periods.Reports.Notification Required.—During fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under [section 2679 of title 10, United States Code](/us/usc/t10/s2679), that is an exception to the requirements of [chapter 85 of title 41, United States Code](/us/usc/t41/ch85), the Secretary concerned shall submit, in writing, to the congressional defense committees a report including the following relating to such agreement:(1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception.
(2)The anticipated benefits of entering into such agreement that included such exception.
(3)The anticipated impact on persons covered under such chapter 85 because of such exception.
(4)The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense.
(b)Recommendations.—(1) Time period.In general.—The Secretary of Defense shall submit to the congressional defense committees, along with the budget request materials for fiscal year 2023, specific recommendations for modifications to the legislative text of subsection (a)(1) of [section 2679 of title 10, United States Code](/us/usc/t10/s2679), along with 135 STAT. 1866 a rationale for any such modifications, to identify specific provisions of Federal contracting law appropriate for waiver or exemption to ensure effective use of intergovernmental support agreements under such section.
(2)Budget request materials defined.—In this subsection, the term “**budget request materials**” means the materials submitted to Congress by the President under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a).
(c)Deadline.Briefing Required.—Not later than 6 months after the date of enactment of this Act the Secretary of Defense shall provide to the congressional defense committees a briefing on activities taken to carry out the requirements of this section.
(d)Deadline.Policy Required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to clarify the use of the authority under [section 2679 of title 10, United States Code](/us/usc/t10/s2679), including with respect to—(1) the application of other requirements of acquisition law and policy; and
(2)[chapter 85 of title 41, United States Code](/us/usc/t41/ch85).
(e)Secretary Concerned Defined.—In this section, the term “**Secretary concerned**” means—(1) the Secretary of the Army, with respect to matters concerning the Army;
(2)the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and
(3)the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force. SEC. 877. Time period.REPORT ON REQUESTS FOR EQUITABLE ADJUSTMENT IN DEPARTMENT OF THE NAVY.(a) Report Required.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report describing in detail the processing of requests for equitable adjustment by the Department of the Navy between October 1, 2011, and the date of the enactment of this Act, including progress by components within the Department of the Navy in complying with the covered directive.
(b)Contents.—The report required under subsection
(a)shall include, at a minimum, the following:(1) The number of requests for equitable adjustment submitted between October 1, 2011, and the date of the enactment of this Act.
(2)The components within the Department of the Navy to which each such request was submitted.
(3)The number of requests for equitable adjustment outstanding as of the date of the enactment of this Act.
(4)The number of requests for equitable adjustment settled but not paid as of the date of the enactment of this Act, including a description of why each such request has not been paid.
(5)A detailed explanation of the efforts by the Secretary of the Navy to ensure compliance of components within the Department of the Navy with the covered directive.
(c)Covered Directive Defined.—In this section, the term “**covered directive**” means the directive of the Assistant Secretary of the Navy for Research, Development, and Acquisition, dated 135 STAT. 1867 March 20, 2020, and titled “**(Intent and Direction) Withholds and Retentions During COVID-19**” requiring—(1) payment to contractors of all settled requests for equitable adjustment; and
(2)the expeditious resolution of all outstanding requests for equitable adjustment. SEC. 878. [10 USC note](/us/usc/t10)prec. 7532.MILITARY STANDARDS FOR ARMOR MATERIALS IN VEHICLE SPECIFICATIONS.(a) Deadline.In General.—Not later than June 30, 2022, the Secretary of the Army shall establish technical specification standards for all metal and non-metal armor for incorporation into specifications for current and future armored vehicles developed or procured by the Department of the Army.
(b)Report Required.—(1) In general.—On the date on which the standards described in subsection
(a)are established under such subsection, the Secretary of the Army shall submit to the congressional defense committees a report describing—(A) the establishment of such standards; and
(B)Strategy.the strategy for incorporating such standards as requirements for armored vehicles developed and procured by the Department of the Army.
(2)Form.—The report required by paragraph
(1)shall be in an unclassified form, but may include a classified annex.
(c)Armored Vehicle Defined.—For purposes of this section, the term “**armored vehicle**” means a tracked or wheeled tactical vehicle incorporating armor in its manufacture. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions. Sec. 902. Clarification of treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 903. Enhanced role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council. Sec. 904. Implementation of repeal of Chief Management Officer of the Department of Defense. Sec. 905. Space Force organizational matters and modification of certain space-related acquisition authorities. Sec. 906. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 907. Designation of senior official for implementation of Electromagnetic Spectrum Superiority Strategy. Sec. 908. Management innovation activities. Sec. 909. Digital talent recruiting officer. Sec. 910. Cross-functional team for emerging threat relating to anomalous health incidents. Sec. 911. Alignment of Close Combat Lethality Task Force. Sec. 912. Independent review of and report on the Unified Command Plan. Sec. 913. Study and report on the role and organization of space assets in the reserve components. SEC. 901. CHANGE IN ELIGIBILITY REQUIREMENTS FOR APPOINTMENT TO CERTAIN DEPARTMENT OF DEFENSE LEADERSHIP POSITIONS.(a) Secretary of Defense.—Subsection
(a)of [section 113 of title 10, United States Code](/us/usc/t10/s113), is amended to read as follows:135 STAT. 1868 "“(a)(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. “(2) Time periods.A person may not be appointed as Secretary of Defense—“(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or “(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.” ".
(b)Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.—[Section 138(b)(2)(A) of title 10, United States Code](/us/usc/t10/s138/b/2/A), is amended by inserting after the third sentence the following: “A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.”.
(c)Secretary of the Army.—[Section 7013(a)(2) of title 10, United States Code](/us/usc/t10/s7013/a/2), is amended by striking “five” and inserting “seven”.
(d)Secretary of the Navy.—[Section 8013(a)(2) of title 10, United States Code](/us/usc/t10/s8013/a/2), is amended by striking “five” and inserting “seven”.
(e)Secretary of the Air Force.—[Section 9013(a)(2) of title 10, United States Code](/us/usc/t10/s9013/a/2), is amended by striking “five” and inserting “seven”.
(f)Technical Corrections Relating to Other Positions.—(1) Under secretary of defense (comptroller).—[Section 135(a)(1) of title 10, United States Code](/us/usc/t10/s135/a/1), is amended by striking “the armed forces” and inserting “an armed force”.
(2)Under secretary of defense for personnel and readiness.—[Section 136(a) of title 10, United States Code](/us/usc/t10/s136/a), is amended by striking “the armed forces” and inserting “an armed force”.
(3)Under secretary of defense for intelligence and security.—[Section 137(a) of title 10, United States Code](/us/usc/t10/s137/a), is amended by striking “the armed forces” and inserting “an armed force”.
(g)[10 USC 113 note](/us/usc/t10/s113).Applicability.—The amendments made by subsections
(a)through
(e)shall apply with respect to appointments made on or after the date of the enactment of this Act. SEC. 902. CLARIFICATION OF TREATMENT OF OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION AS A DEPARTMENT OF DEFENSE FIELD ACTIVITY.(a) Treatment of Office of Local Defense Community Cooperation as a Department of Defense Field Activity.—(1) Transfer to chapter 8.—[Section 146 of title 10, United States Code](/us/usc/t10/s146), is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198.
(2)Treatment as department of defense field activity.—Section 198(a) of such title, as transferred and redesignated by subsection
(a)of this subsection, is amended—(A) by striking “in the Office of the Secretary of Defense an office to be known as the” and inserting “in the Department of Defense an”; and135 STAT. 1869
(B)Designation.Effective date.by adding at the end the following: “The Secretary shall designate the Office as a Department of Defense Field Activity pursuant to section 191, effective as of the date of the enactment of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).”.
(3)Appointment of director.—Such section 198 is further amended—(A) in subsection
(b)in the matter preceding paragraph (1), by striking “Under Secretary of Defense for Acquisition and Sustainment” and inserting “Secretary of Defense”; and
(B)in subsection (c)(4), by striking “Under Secretary of Defense for Acquisition and Sustainment” and inserting “Secretary”.
(4)Clerical amendments.—(A) Chapter 4.—The table of sections at the beginning of [chapter 4 of title 10, United States Code](/us/usc/t10/ch4),[10 USC ](/us/usc/t10)prec. 131. is amended by striking the item relating to section 146.
(B)Chapter 8.—The table of sections at the beginning of subtitle I of chapter 8 of such title[10 USC ](/us/usc/t10)prec. 191. is amended by inserting after the item relating to section 197 the following new item:" “198. Office of Local Defense Community Cooperation.”. "
(b)Limitation on Involuntary Separation of Personnel.—No personnelTime period.[10 USC 198 note](/us/usc/t10/s198). of the Office of Local Defense Community Cooperation under [section 198 of title 10, United States Code](/us/usc/t10/s198) (as added by subsection (a)), may be involuntarily separated from service with that Office during the one-year period beginning on the date of the enactment of this Act, except for cause.
(c)[10 USC 198 note](/us/usc/t10/s198).Administration of Programs.—Any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) shall be administered by the Office of Local Defense Community Cooperation under [section 198 of title 10, United States Code](/us/usc/t10/s198) (as added by subsection (a)).
(d)Conforming Repeal.—Section 905 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 146 note](/us/usc/t10/s146)s. is repealed. SEC. 903. ENHANCED ROLE OF THE UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING ON THE JOINT REQUIREMENTS OVERSIGHT COUNCIL.(a) In General.—[Section 181 of title 10, United States Code](/us/usc/t10/s181), is amended—(1) in subsection (b)—(A) by redesignating paragraphs
(2)through
(6)as paragraphs
(3)through (7), respectively; and
(B)by inserting after paragraph
(1)the following new paragraph:"“(2) increasing awareness of global trends, threats, and adversary capabilities to address gaps in joint military capabilities and validate joint requirements developed by the military departments;” "; and135 STAT. 1870
(2)in subsection (d)(1)(D), by striking the period at the end and inserting the following: "“who shall serve as the Chief Technical Advisor to the Council and—“(i) shall provide assistance in evaluating the technical feasibility of requirements under development; and “(ii) shall identify options for expanding or generating new requirements based on opportunities provided by new or emerging technologies.” ".
(b)Independent Study.—(1) Contracts.Study required.—The Secretary of Defense shall enter into an agreement with a covered entity to conduct an independent study assessing the role of the Under Secretary of Defense for Research and Engineering on the Joint Requirements Oversight Council.
(2)Elements.—The study required by paragraph
(1)shall include the following:(A) The current role and contribution of the Under Secretary of Defense for Research and Engineering to the Joint Requirements Oversight Council.
(B)The extent to which the role of the Under Secretary on the Joint Requirements Oversight Council should be adjusted to further maximize Council outcomes as well as the additional resources, if any, such adjustments would require.
(C)The extent to which the Under Secretary of Defense should provide additional views and recommendations on Joint Requirements Oversight Council preparations, deliberations, and outcomes.
(D)Such other matters as the Secretary of Defense determines to be appropriate
(3)Deadline.Submission to congress.—Not later than December 31, 2022, the Secretary shall submit to the congressional defense committees the results of the study required by paragraph (1).
(4)Form.—The study required by paragraph
(1)shall be submitted in unclassified form but may include a classified annex.
(5)Covered entity defined.—In this subsection, the term “**covered entity**” means—(A) a federally funded research and development center; or
(B)an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs.
(c)Report on the Role of the Under Secretary of Defense for Research and Engineering in the Joint Requirements Oversight Council.—(1) Consultation.Recommenda-tions.In general.—Not later than March 1, 2023, the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees a report on the recommendations of the Secretary of Defense on the extent to which adjustments to the role of the Under Secretary of Defense for Research and 135 STAT. 1871 Engineering on the Joint Requirements Oversight Council are warranted. The report shall include—(A) consideration of the findings of the study required by subsection (b);
(B)the rationale for recommendations of the Secretary of Defense; and
(C)a description of additional resources that may be required to support those recommendations.
(2)Additional input.—The report may also include input from each member or advisor of the Joint Requirements Oversight Council. SEC. 904. IMPLEMENTATION OF REPEAL OF CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE. Section 901(b)(1) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 132a note](/us/usc/t10/s132a). is amended by striking “, except that any officer or employee so designated may not be an individual who served as the Chief Management Officer before the date of the enactment of this Act”. SEC. 905. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICATION OF CERTAIN SPACE-RELATED ACQUISITION AUTHORITIES.(a) Implementation Date for Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs.—(1) Implementation date.—Section 957 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 9016 note](/us/usc/t10/s9016)) is amended—(A) in subsection (a), by striking “Effective October 1, 2022, there shall be” and inserting “Effective on the date specified in subsection (d), there shall be”;
(B)in subsection (b)—(i) in paragraph (1), by striking “Effective as of October 1, 2022,” and inserting “Effective as of the date specified in subsection (d)”; and
(ii)in paragraph (2), by striking “as of October 1, 2022,” and inserting “as of the date specified in subsection (d)”;
(C)in subsection (c)(3), by striking “October 1, 2022” and inserting “the date specified in subsection (d)”; and
(D)by adding at the end the following new subsection:"“(d) Determination.Deadline.Date Specified.—The date specified in this subsection is a date determined by the Secretary of the Air Force that is not later than October 1, 2022.” ".
(2)Conforming amendments.—(A) Transfer of acquisition projects for space systems and programs.—Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 9016 note](/us/usc/t10/s9016)) is amended—(i) by striking “Effective October 1, 2022,” and inserting “Effective on the date specified in section 957(d),”; and
(ii)by striking “as of September 30, 2022” and inserting “as of the day before the date specified in section 957(d)”.135 STAT. 1872
(B)Responsibilities of assistant secretary of the air force for space acquisition and integration.—[Section 9016(b)(6)(B)(vi) of title 10, United States Code](/us/usc/t10/s9016/b/6/B/vi), is amended by striking “Effective as of October 1, 2022, in accordance with section 957 of that Act,” and inserting “Effective as of the date specified in section 957(d) of such Act, and in accordance with such section 957,”.
(b)Senior Procurement Executive Authorities.—(1) Office of the secretary of the air force.—[Section 9014(c) of title 10, United States Code](/us/usc/t10/s9014/c), is amended—(A) in paragraph (2), by striking “The Secretary of the Air Force shall” and inserting “Subject to paragraph (6), the Secretary of the Air Force shall”; and
(B)by inserting after paragraph
(5)the following new paragraph:"“(6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the senior procurement executive that pertain to space systems and programs.” ".
(2)Assistant secretaries of the air force.—[Section 9016(b)(6)(B)(vi) of title 10, United States Code](/us/usc/t10/s9016/b/6/B/vi), as amended by subsection (a)(2)(B) of this section, is further amended by inserting “and discharge any senior procurement executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title” after “Space Systems and Programs”. SEC. 906. ASSIGNMENTS FOR PARTICIPANTS IN THE JOHN S. MCCAIN STRATEGIC DEFENSE FELLOWS PROGRAM. Section 932(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [10 U.S.C. 1580 note](/us/usc/t10/s1580) prec.) is amended—(1) in paragraph (2)—(A) by striking “and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense,” and inserting “, each Under Secretary of Defense, and other officials, as designated by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in [section 131 of title 10, United States Code](/us/usc/t10/s131)) who report directly to the Secretary of Defense”; and
(B)by striking “or Director” and inserting “or official within the Office of the Secretary of Defense”;
(2)in paragraph (3)—(A) by striking “Under Secretaries and Directors” and inserting “Under Secretaries of Defense and other officials within the Office of the Secretary of Defense”; and
(B)by striking “Under Secretary, or Director” and inserting “Under Secretary of Defense, or other official within the Office of the Secretary of Defense”; and
(3)in paragraph (7), by striking “shall be on a first-come, first-served basis” and inserting “may require a minimum service agreement, as determined by the Secretary”.135 STAT. 1873 SEC. 907. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION OF ELECTROMAGNETIC SPECTRUM SUPERIORITY STRATEGY.(a) Requirements.—Section 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 116–283](/us/pl/116/283); [10 U.S.C. 113 note](/us/usc/t10/s113)) is amended by adding at the end the following new subsection:"“(f) Electromagnetic Spectrum Superiority Strategy.—“(1) Designation.—“(A) Deadline.Requirement.—Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall designate a senior official of the Department of Defense to be responsible for, and accountable to the Secretary with respect to, the implementation of the electromagnetic spectrum superiority strategy. The Secretary shall designate the senior official from among individuals who are appointed to a position in the Department by the President, by and with the advice and consent of the Senate. “(B) Conditions relating to designation of chief information officer.—“(i) Certification.—The Secretary may not designate the Chief Information Officer of the Department of Defense as the senior official under subparagraph
(A)unless the Secretary has first included in the report under paragraph (3)(A) a certification that the Chief Information Officer has the expertise, authority, funding, and personnel to ensure the successful implementation of the electromagnetic spectrum superiority strategy. “(ii) Deadline.Evaluation.CAPE assessment.—If the Secretary designates the Chief Information Officer of the Department of Defense as the senior official under subparagraph (A), not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees an evaluation of the ability of the Chief Information Officer to ensure the successful implementation of the electromagnetic spectrum superiority strategy, including, at a minimum, an evaluation of the expertise, authority, funding, and personnel of the Chief Information Officer. “(2) Responsibilities.—The senior official designated under paragraph (1)(A) shall be responsible for the following:“(A) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development necessary to implement the electromagnetic spectrum superiority strategy. “(B) Evaluating whether the amount that the Department of Defense expends on electromagnetic warfare and electromagnetic spectrum operations capabilities is properly aligned.135 STAT. 1874 “(C) Evaluating whether the Department is effectively incorporating electromagnetic spectrum operations capabilities and considerations into current and future operational plans and concepts. “(D) Such other matters relating to electromagnetic spectrum operations as the Secretary specifies for purposes of this paragraph. “(3) Reports.—“(A) Implementation report.—Not later than 60 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report on the implementation of the Electromagnetic Spectrum Superiority Strategy published in October 2020, including—“(i) Evaluation.an evaluation of the additional personnel, resources, and authorities the Secretary determines will be needed by the senior official designated under paragraph (1)(A) who is responsible for implementing the electromagnetic spectrum superiority strategy; and “(ii) a description of how the Secretary will ensure that such implementation will be successful. “(B) Rules of engagement report.—Not later than 270 days after the date of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall submit to the congressional defense committees a report that includes the following:“(i) Review.A review of the sufficiency of the authorities and rules of engagement of the Department of Defense relating to electromagnetic spectrum operations, in particular with respect to operating below the level of armed conflict short of or in advance of kinetic activity and to protect the Department from electronic attack and disruption. “(ii) Recommenda-tions.Recommended changes to the authorities or rules of engagement to ensure the Department can effectively compete, deter conflict, and maintain protection from electronic attack and disruption. “(iii) Any other matters the Secretary determines relevant. “(4) Time period.Semiannual briefings.—On a semiannual basis during the five-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary shall provide to the congressional defense committees a briefing on the status of the implementation of the electromagnetic spectrum superiority strategy. Each briefing shall include, at a minimum, the following:“(A) Update.An update on the efforts of the Department of Defense to—“(i) achieve the strategic goals set out in the electromagnetic spectrum superiority strategy; and “(ii) implement such strategy through various elements of the Department. “(B) Determination.An identification of any additional authorities or resources relating to electromagnetic spectrum operations that the Secretary determines is necessary to implement the strategy.135 STAT. 1875 “(5) Electromagnetic spectrum superiority strategy defined.—In this subsection, the term ‘**electromagnetic spectrum superiority strategy**’ means the Electromagnetic Spectrum Superiority Strategy of the Department of Defense published in October 2020, and any such successor strategy.” ".
(b)Clarification of Cross-functional Team Plans.—Subsection (d)(2) of such section is amended by striking “biennially thereafter” and inserting “biennially thereafter during the life of the cross-functional team established pursuant to subsection (c)”.
(c)Transfer of Certain Provision.—Section 152 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC 113 note](/us/usc/t10/s113). is—(1) amended—(A) in subsection (a), by striking “two years after the date of the enactment of this Act and in accordance with the plan developed pursuant to subsection (b)” and inserting “January 1, 2023, and in accordance with the plan developed pursuant to paragraph (2)”;
(B)by striking “paragraph (1)” each place it appears and inserting “subparagraph (A)”;
(C)by striking “subsection (a)” each place it appears and inserting “paragraph (1)”;
(D)in subsection (b)(2)(D), by striking “subsections
(c)and (d)” and inserting “paragraphs
(3)and (4)”; and
(E)in subsection (e), by striking “this section” and inserting “this subsection”;
(2)transferred to such section 1053, redesignated as subsection
(g)(including by redesignating its subsections as paragraphs, paragraphs as subparagraphs, and clauses as subclauses, respectively, and indenting such provisions accordingly) and added so as to appear after subsection (f), as added by subsection
(a)of this section. SEC. 908. [10 USC 129a note](/us/usc/t10/s129a).MANAGEMENT INNOVATION ACTIVITIES.(a) In General.—The Secretary of Defense shall carry out a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce.
(b)Management Activities.—Subject to the total force management requirements under [section 129a of title 10, United States Code](/us/usc/t10/s129a), the activities carried out under subsection
(a)may include the following:(1) Public-private partnerships with appropriate private sector and government organizations.
(2)Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce.
(3)Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities.
(4)The designation of appropriate organizations to lead management innovation activities.135 STAT. 1876
(5)A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities carried out under this section.
(6)Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities.
(7)Academic research and educational activities related to defense management missions to promote—(A) development of innovative management concepts;
(B)analyses and addressing of appropriate management challenges; and
(C)development of programs and activities to develop the defense management workforce.
(8)Academic research and independent studies from federally funded research and development centers assessing lessons learned from previous Departmental management reform initiatives and whether legacy organizations exist and should be consolidated.
(c)Deadline.Plan Required.—Not later than February 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a plan for carrying out the activities under this section.
(d)Deadlines.Briefings.—(1) Initial briefing.—Not later than July 1, 2022, the Secretary of Defense shall provide to the congressional defense committees an initial briefing on the activities carried out and plans developed under this section.
(2)Subsequent briefing.—On a date occurring after the briefing under paragraph (1), but not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the activities carried out and plans developed under this section. SEC. 909. [10 USC note](/us/usc/t10)prec. 501.DIGITAL TALENT RECRUITING OFFICER.(a) Digital Talent Recruiting for the Department of Defense.—(1) Deadline.In general.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall designate a chief digital recruiting officer within the office of the Under Secretary of Defense for Personnel and Readiness to carry out the responsibilities set forth in paragraph (2).
(2)Responsibilities.—The chief digital recruiting officer shall be responsible for—(A) identifying Department of Defense needs for, and skills gaps in, specific types of civilian digital talent;
(B)recruiting individuals with the skills that meet the needs and skills gaps identified under subparagraph (A), in partnership with the military departments and other organizations and elements of the Department;
(C)ensuring Federal scholarship for service programs are incorporated into civilian recruiting strategies;
(D)when appropriate and within authority granted under other Federal law, offering recruitment and referral bonuses; and
(E)partnering with human resource teams in the military departments and other organizations and elements 135 STAT. 1877 of the Department to help train all Department of Defense human resources staff on the available hiring flexibilities to accelerate the hiring of individuals with the skills that fill the needs and skills gaps identified under subparagraph (A).
(3)Resources.—The Secretary of Defense shall ensure that the chief digital recruiting officer is provided with personnel and resources sufficient to carry out the duties set forth in paragraph (2).
(4)Role of chief human capital officer.—(A) In general.—The chief digital recruiting officer shall report directly to the Chief Human Capital Officer of the Department of Defense.
(B)Incorporation.—The Chief Human Capital Officer shall ensure that the chief digital recruiting officer is incorporated into the agency human capital operating plan and recruitment strategy. In carrying out this paragraph, the Chief Human Capital Officer shall ensure that the chief digital recruiting officer’s responsibilities are deconflicted with any other recruitment initiatives and programs.
(b)Digital Talent Defined.—For the purposes of this section, the term “**digital talent**” includes positions and capabilities in, or related to, software development, engineering, and product management; data science; artificial intelligence; distributed ledger technologies; autonomy; data management; product and user experience design; and cybersecurity.
(c)Deadline.Annual Briefing Requirement.—Not later than one year after the date of the enactment of this Act, and on an annual basis thereafter, the chief digital recruiting officer shall provide to the congressional defense committees a briefing on—(1) the efforts of the Department of Defense to recruit digital talent to positions in the Department; and
(2)Summaries.a summary of any accomplishments and challenges with respect to such recruiting.
(d)Sunset.—The requirements under subsection
(a)shall expire on September 30, 2025. SEC. 910. [10 USC 111 note](/us/usc/t10/s111).CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT RELATING TO ANOMALOUS HEALTH INCIDENTS.(a) Establishment.—Using the authority provided pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 111 note](/us/usc/t10/s111)), the Secretary of Defense shall establish a cross-functional team to address national security challenges posed by anomalous health incidents (as defined by the Secretary) and ensure that individuals affected by anomalous health incidents receive timely and comprehensive health care and treatment pursuant to [title 10, United States Code](/us/usc/t10), for symptoms consistent with an anomalous health incident.
(b)Duties.—The duties of the cross-functional team established under subsection
(a)shall be—(1) to assist the Secretary of Defense with addressing the challenges posed by anomalous health incidents and any other efforts regarding such incidents that the Secretary determines necessary; and
(2)to integrate the efforts of the Department of Defense regarding anomalous health incidents with the efforts of other 135 STAT. 1878 departments or agency of the Federal Government regarding such incidents.
(c)Team Leadership.—The Secretary shall select an Under Secretary of Defense to lead the cross-functional team and a senior military officer to serve as the deputy to the Under Secretary so selected.
(d)Determination of Organizational Roles and Responsibilities.—The Consultation.Secretary, in consultation with the Director of National Intelligence and acting through the cross-functional team established under subsection (a), shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to addressing anomalous health incidents, including the roles and responsibilities of the Office of the Secretary of Defense, the intelligence components of the Department, Defense agencies, Department of Defense field activities, the military departments, combatant commands, and the Joint Staff.
(e)Deadlines.Briefings.—(1) Initial briefing.—Not later than 45 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on—(A) the progress of the Secretary in establishing the cross-functional team; and
(B)the progress the team has made in—(i) determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect the cross-functional team; and
(ii)carrying out the duties under subsection (b).
(2)Updates.—Not later than 90 days after the date of the enactment of this Act, and once every 60 days thereafter during the one-year period following such date of enactment, the Secretary shall provide to the appropriate congressional committees a briefing containing updates with respect to the efforts of the Department regarding anomalous health incidents.
(f)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the congressional defense committees; and
(2)the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. SEC. 911. ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE.(a) Deadline.Time period.In General.—Beginning not later than 60 days after the date of the enactment of this Act, and continuing until the date on which the Secretary of Defense submits to the congressional defense committees the report described in subsection (b), the Secretary shall reinstate—(1) the initial alignment of the Close Combat Lethality Task Force so that the Task Force reports directly to the Secretary; and
(2)the designation of the Task Force as a cross-functional team under section 911 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 111 note](/us/usc/t10/s111)).135 STAT. 1879
(b)Report Described.—The report described in this subsection is a report on a proposed alternative alignment for the Close Combat Lethality Task Force that includes—(1) a description of—(A) how the proposed alternative alignment of the Task Force would—(i) facilitate the effective pursuit of, and support for, both materiel and non-materiel initiatives by the Task Force;
(ii)maintain benefits for the Task Force similar to the benefits associated with reporting directly to the Secretary of Defense and designation as a cross-functional team; and
(iii)ensure collaboration and support from the primary stakeholders in the Task Force, including the Army, the Marine Corps, and the United States Special Operations Command; and
(B)how the Task Force would be funded and gain appropriate resourcing for cross-functional team initiatives supported by the Secretary; and
(2)supporting analysis for the matters described in paragraph (1).
(c)President.Exception.—Subsection
(a)does not apply if the President submits to the congressional defense committees—(1) Certification.a certification that implementing that subsection would be detrimental to the defense interests of the United States; and
(2)a justification for the certification. SEC. 912. INDEPENDENT REVIEW OF AND REPORT ON THE UNIFIED COMMAND PLAN.(a) Review Required.—(1) In general.—The Secretary of Defense shall provide for an independent review of the current Unified Command Plan.
(2)Elements.—The review required by paragraph
(1)shall include the following:(A) Assessment.An assessment of the most recent Unified Command Plan with respect to—(i) current and anticipated threats;
(ii)deployment and mobilization of the Armed Forces; and
(iii)the most current versions of the National Defense Strategy and Joint Warfighting Concept.
(B)Evaluation.An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command.
(C)Assessment.An assessment of the feasibility of alternative Unified Command Plan structures.
(D)Recommenda-tions.Recommendations, if any, for alternative Unified Command Plan structures.
(E)Recommendations, if any, on refining the manner by which combatant commanders identify priority capabilities, gaps, and operational requirements and how the Department of Defense incorporates those identified elements into planning, programming, budgeting, execution, and modernization processes.135 STAT. 1880
(F)Recommenda-tions.Recommendations, if any, for modifications to sections 161 through 169 of [title 10, United States Code](/us/usc/t10).
(G)Any other matter the Secretary of Defense determines appropriate.
(3)Conduct of review by independent entity.—(A) In general.—The Secretary of Defense shall—(i) Contracts.seek to enter into an agreement with an entity described in subparagraph
(B)to conduct the review required by paragraph (1); and
(ii)ensure that the review is conducted independently of the Department of Defense.
(B)Entity described.—An entity described in this subparagraph is—(i) a federally funded research and development center; or
(ii)an independent, nongovernmental institute that—(I) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(II)is exempt from tax under section 501(a) of that Code; and
(III)has recognized credentials and expertise in national security and military affairs.
(b)Report to Congress.—(1) In general.—Not later than October 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the results of the review conducted under subsection (a).
(2)Form.—The report required by paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. SEC. 913. STUDY AND REPORT ON THE ROLE AND ORGANIZATION OF SPACE ASSETS IN THE RESERVE COMPONENTS.(a) Determination.Study.—The Secretary of Defense shall conduct a study to determine the appropriate role and organization of space-related assets within the reserve components of the Armed Forces.
(b)Report.—Not later than March 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study conducted under subsection (a).
(c)Elements.—The report under subsection
(b)shall include the following:(1) Determinations.The determinations of the Secretary of Defense with respect to the—(A) the organization and integration of space-related units within the reserve components of the Armed Forces;
(B)the staffing of such units, including the recruitment and retention of personnel for such units (including any reserve units of the Space force);
(C)the missions of such units; and
(D)the operational requirements applicable to such units.
(2)Analysis.An analysis of—(A) the costs of establishing a Space National Guard in accordance with subtitle C of title IX of H.R. 4350, 135 STAT. 1881 One Hundred Seventeenth Congress, as passed by the House of Representatives on September 23, 2021; and
(B)how a Space National Guard established in accordance with such subtitle would operate as part of the reserve components.
(3)Recommenda-tions.Based on the analysis under paragraph (2), the recommendations of the Secretary with respect to the potential establishment of a Space National Guard.
(4)If applicable, any savings or costs that may result from the preservation of the space-related force structures of the Air National Guard, as such force structures are in effect on the date of the enactment of this Act. TITLE X—GENERAL PROVISIONS Subtitle A— Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Revision of limitation on funding for combatant commands through Combatant Commander Initiative Fund. Sec. 1003. Plan for consolidation of information technology systems used in Department of Defense planning, programming, budgeting, and execution process. Sec. 1004. Commission on Planning, Programming, Budgeting, and Execution Reform. Subtitle B— Counterdrug Activities Sec. 1007. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Sec. 1008. Authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities. Subtitle C— Naval Vessels and Shipyards Sec. 1011. Modification to annual naval vessel construction plan. Sec. 1012. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Sec. 1013. Codification of requirement for assessments prior to start of construction on first ship of a shipbuilding program. Sec. 1014. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1015. Biennial report on shipbuilder training and the defense industrial base. Sec. 1016. Annual report on ship maintenance. Sec. 1017. Navy battle force ship assessment and requirement reporting. Sec. 1018. Prohibition on use of funds for retirement of Mark VI patrol boats. Sec. 1019. Availability of funds for retirement or inactivation of guided missile cruisers. Sec. 1020. Review of sustainment key performance parameters for shipbuilding programs. Sec. 1021. Assessment of security of global maritime chokepoints. Sec. 1022. Report on acquisition, delivery, and use of mobility assets that enable implementation of expeditionary advanced base operations. Subtitle D— Counterterrorism Sec. 1031. Inclusion in counterterrorism briefings of information on use of military force in collective self-defense. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1035. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1036. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba.135 STAT. 1882 Subtitle E— Miscellaneous Authorities and Limitations Sec. 1041. Congressional oversight of alternative compensatory control measures. Sec. 1042. Modification of notification requirements for sensitive military operations. Sec. 1043. Authority to provide space and services to military welfare societies. Sec. 1044. Congressional notification of significant Army force structure changes. Sec. 1045. Prohibition on use of Navy, Marine Corps, and Space Force as posse comitatus. Sec. 1046. Comparative testing reports for certain aircraft. Sec. 1047. Special operations forces joint operating concept for competition and conflict. Sec. 1048. Limitation on availability of certain funding for operation and maintenance. Sec. 1049. Limitation on use of certain funds pending submission of report, strategy, and posture review relating to information environment. Sec. 1050. Briefing by Comptroller General and limitation on use of funds pending compliance with requirement for independent studies regarding potential cost savings. Sec. 1051. Survey on relations between members of the Armed Forces and military communities. Sec. 1052. Limitation on use of funds pending compliance with certain statutory reporting requirements. Sec. 1053. Navy coordination with Coast Guard and Space Force on aircraft, weapons, tactics, technique, organization, and equipment of joint concern. Subtitle F— Studies and Reports Sec. 1061. Inclusion of support services for Gold Star families in quadrennial quality of life review. Sec. 1062. Public availability of semi-annual summaries of reports. Sec. 1063. Extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department Of Homeland Security and Department Of Defense. Sec. 1064. Continuation of certain Department of Defense reporting requirements. Sec. 1065. Updated review and enhancement of existing authorities for using Air Force and Air National Guard modular airborne fire-fighting systems and other Department of Defense assets to fight wildfires. Sec. 1066. Geographic combatant command risk assessment of Air Force airborne intelligence, surveillance, and reconnaissance modernization plan. Sec. 1067. Biennial assessments of Air Force Test Center. Sec. 1068. Report on 2019 World Military Games. Sec. 1069. Reports on oversight of Afghanistan. Sec. 1070. Study and report on Department of Defense excess personal property program. Sec. 1071. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1072. Assessment of requirements for and management of Army three-dimensional geospatial data. Sec. 1073. Required review of Department of Defense unmanned aircraft systems categorization. Sec. 1074. Annual report and briefing on Global Force Management Allocation Plan. Sec. 1075. Report on World War I and Korean War era Superfund facilities. Sec. 1076. Report on implementation of irregular warfare strategy. Sec. 1077. Study on providing end-to-end electronic voting services for absent uniformed services voters in locations with limited or immature postal service. Sec. 1078. Report on Air Force strategy for acquisition of combat rescue aircraft and equipment. Subtitle G— Other Matters Sec. 1081. Technical, conforming, and clerical amendments. Sec. 1082. Modification to Regional Centers for Security Studies. Sec. 1083. Improvement of transparency and congressional oversight of civil reserve air fleet. Sec. 1084. Observance of National Atomic Veterans Day. Sec. 1085. Update of Joint Publication 3-68: Noncombatant Evacuation Operations. Sec. 1086. National Museum of the Surface Navy. Sec. 1087. Authorization for memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport. Sec. 1088. Treatment of operational data from Afghanistan. Sec. 1089. Responsibilities for national mobilization; personnel requirements. Sec. 1090. Independent assessment with respect to Arctic region.135 STAT. 1883 Sec. 1091. National Security Commission on Emerging Biotechnology. Sec. 1092. Quarterly security briefings on Afghanistan. Sec. 1093. Transition of funding for non-conventional assisted recovery capabilities. Sec. 1094. Afghanistan War Commission Act of 2021. Sec. 1095. Commission on the National Defense Strategy. Subtitle A—Financial Matters SEC. 1001. GENERAL TRANSFER AUTHORITY.(a) Authority to Transfer Authorizations.—(1) Determination.Authority.—Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2)Limitation.—Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000.
(3)Exception for transfers between military personnel authorizations.—A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b)Limitations.—The authority provided by subsection
(a)to transfer authorizations—(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2)may not be used to provide authority for an item that has been denied authorization by Congress.
(c)Effect on Authorization Amounts.—A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d)Notice to Congress.—The Secretary shall promptly notify Congress of each transfer made under subsection (a). SEC. 1002. REVISION OF LIMITATION ON FUNDING FOR COMBATANT COMMANDS THROUGH COMBATANT COMMANDER INITIATIVE FUND. [Section 166a(e)(1) of title 10, United States Code](/us/usc/t10/s166a/e/1), is amended—(1) in subparagraph (A)—(A) by striking “$20,000,000” and inserting “$25,000,000”; and
(B)by striking “$250,000” and inserting “$300,000”;
(2)in subparagraph (B), by striking “$10,000,000” and inserting “$15,000,000”; and
(3)in subparagraph (C), by striking “$5,000,000” and inserting “$10,000,000”.135 STAT. 1884 SEC. 1003. PLAN FOR CONSOLIDATION OF INFORMATION TECHNOLOGY SYSTEMS USED IN DEPARTMENT OF DEFENSE PLANNING, PROGRAMMING, BUDGETING, AND EXECUTION PROCESS. Deadline.Consultation.Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer of the Department of Defense, shall submit to the congressional defense committees a plan to consolidate the information technology systems used to manage data and support the planning, programming, budgeting, and execution process of the Department of Defense. The plan shall include the consolidation of such systems used by each of the military departments and such systems used by the Defense Agencies, and shall address the retirement or elimination of such systems. SEC. 1004. COMMISSION ON PLANNING, PROGRAMMING, BUDGETING, AND EXECUTION REFORM.(a) Establishment.—(1) In general.—There is hereby established an independent commission in the legislative branch to be known as the “Commission on Planning, Programming, Budgeting, and Execution Reform” (in this section referred to as the “Commission”).
(2)Deadline.Date of establishment.—The Commission shall be established not later 30 days after the date of the enactment of this Act.
(b)Membership.—(1) Number and appointment.—The Commission shall be composed of 14 civilian individuals not employed by the Federal Government who are recognized experts and have relevant professional experience one or more of the following:(A) Matters relating to the planning, programming, budgeting, and execution process of the Department of Defense.
(B)Innovative budgeting and resource allocation methods of the private sector.
(C)Iterative design and acquisition process.
(D)Budget or program execution data analysis.
(2)Appointments.Members.—The members shall be appointed as follows:(A) The Secretary of Defense shall appoint two members.
(B)The Majority Leader and the Minority Leader of the Senate shall each appoint one member.
(C)The Speaker of the House of Representatives and the Minority Leader shall each appoint one member.
(D)The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member.
(E)The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member.
(F)The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member.
(G)The Chair and the Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member.135 STAT. 1885
(3)Deadline for appointment.—Not later than 30 days after the date described in subsection (a)(2), members shall be appointed to the Commission.
(4)Expiration of appointment authority.—The authority to make appointments under this subsection shall expire on the date described in subsection (a)(2), and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.
(c)Chair and Vice Chair.—The Commission shall elect a Chair and Vice Chair from among its members.
(d)Period of Appointment and Vacancies.—Members shall be appointed for the term of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made.
(e)Purpose.—The purpose of the Commission is to—(1) examine the effectiveness of the planning, programming, budgeting, and execution process and adjacent practices of the Department of Defense, particularly with respect to facilitating defense modernization;
(2)consider potential alternatives to such process and practices to maximize the ability of the Department of Defense to respond in a timely manner to current and future threats; and
(3)make legislative and policy recommendations to improve such process and practices in order to field the operational capabilities necessary to outpace near-peer competitors, provide data and analytical insight, and support an integrated budget that is aligned with strategic defense objectives.
(f)Scope and Duties.—The Commission shall perform the following duties:(1) Compare the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of documents including the Defense Planning Guidance (described in [section 113(g) of title 10, United States Code](/us/usc/t10/s113/g)), the Program Objective Memorandum, and the Budget Estimate Submission, with similar processes of private industry, other Federal agencies, and other countries.
(2)Conduct a comprehensive assessment of the efficacy and efficiency of all phases and aspects of the planning, programming, budgeting, and execution process, which shall include an assessment of—(A) the roles of Department officials and the timelines to complete each such phase or aspect;
(B)the structure of the budget of Department of Defense, including the effectiveness of categorizing the budget by program, appropriations account, major force program, budget activity, and line item, and whether this structure supports modern warfighting requirements for speed, agility, iterative development, testing, and fielding;
(C)a review of how the process supports joint efforts, capability and platform lifecycles, and transitioning technologies to production;
(D)the timelines, mechanisms, and systems for presenting and justifying the budget of Department of Defense, monitoring program execution and Department of Defense budget execution, and developing requirements and performance metrics;135 STAT. 1886
(E)a review of the financial management systems of the Department of Defense, including policies, procedures, past and planned investments, and recommendations related to replacing, modifying, and improving such systems to ensure that such systems and related processes of the Department result in—(i) effective internal controls;
(ii)the ability to achieve auditable financial statements; and
(iii)the ability to meet other financial management and operational needs; and
(F)a review of budgeting methodologies and strategies of near-peer competitors to understand if and how such competitors can address current and future threats more or less successfully than the United States.
(3)Develop and propose recommendations to improve the effectiveness of the planning, programming, budgeting, and execution process.
(g)Commission Report and Recommendations.—(1) Interim report.—Not later than February 6, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees an interim report including the following:(A) Examination.An examination of the development of the documents described in subsection (f)(1).
(B)Analysis.An analysis of the timelines involved in developing an annual budget request and the future-years defense program (as described in [section 221 of title 10, United States Code](/us/usc/t10/s221)), including the ability to make changes to such request or such program within those timelines.
(C)Review.A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis.
(D)Examination.An examination of efforts by the Department of Defense to develop new and agile programming and budgeting to enable the United States to more effectively counter near-peer competitors.
(E)Review.A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements.
(F)Recommendations for internal reform to the Department relating to the planning, programming, budgeting, and execution process for the Department of Defense to make internally.
(G)Recommendations for reform to the planning, programming, budgeting, and execution process that require statutory changes.
(H)Any other matters the Commission considers appropriate.
(2)Final report.—Not later than September 1, 2023, the Commission shall submit to the Secretary of Defense and the congressional defense committees a final report that includes the elements required under paragraph (1).
(3)Deadline.Briefings.—Not later than 180 days after the date specified in subsection (a)(2), and not later than 30 days after each of the interim and final reports are submitted, the 135 STAT. 1887 Commission shall provide to the congressional defense committees a briefing on the status of the review and assessment conducted under subsection
(f)and include a discussion of any interim or final recommendations.
(4)Form.—The reports submitted to Congress under paragraphs
(1)and
(2)shall be submitted in unclassified form but may include a classified annex.
(h)Government Cooperation.—(1) Cooperation.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(2)Designation.Liaison.—The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison between the Department and the Commission.
(3)Detailees authorized.—The Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement.
(4)Facilitation.—(A) Deadline.Independent, non-government institute.—Not later than 45 days after the date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and which is exempt from taxation under section 501(a) of such Code, which has recognized credentials and expertise in national security and military affairs, in order to facilitate the discharge of the duties of the Commission under this section.
(B)Federally funded research and development center.—On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center in order to enhance the discharge of the duties of the Commission under this section.
(i)Staff.—(1) Status as federal employees.—Notwithstanding the requirements of [section 2105 of title 5, United States Code](/us/usc/t5/s2105), including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees.
(2)Executive director.—The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(3)Pay.—The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(j)Personal Services.—(1) Authority to procure.—The Commission may—(A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of [section 3109 of title 5, United States Code](/us/usc/t5/s3109); and
(B)pay in connection with such services the travel expenses of experts or consultants, including transportation 135 STAT. 1888 and per diem in lieu of subsistence, while such experts or consultants are traveling from their homes or places of business to duty stations.
(2)Maximum daily pay rates.—The daily rate paid an expert or consultant procured pursuant to paragraph
(1)may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315).
(k)Authority to Accept Gifts.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided.Compliance. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees.
(l)Legislative Advisory Committee.—The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ([Public Law 92–463](/us/pl/92/463); [5 U.S.C. ](/us/usc/t5)App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act).
(m)Contracting Authority.—The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available.
(n)Use of Government Information.—The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission.
(o)Postal Services.—The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States.
(p)Deadline.Consultation.Space for Use of Commission.—Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available.
(q)Removal of Members.—A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made.
(r)Termination.—The Commission shall terminate 180 days after the date on which it submits the final report required by subsection (g)(2).135 STAT. 1889 Subtitle B—Counterdrug Activities SEC. 1007. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA. Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([Public Law 108–375](/us/pl/108/375); [118 Stat. 2042](/us/stat/118/2042)), as most recently amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1577](/us/stat/133/1577)), is further amended—(1) in subsection (a)(1), by striking “2022” and inserting “2023”; and
(2)in subsection (c), by striking “2022” and inserting “2023”. SEC. 1008. AUTHORITY FOR JOINT TASK FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES.(a) Extension.—Subsection
(b)of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ([Public Law 108–136](/us/pl/108/136); [10 U.S.C. 271 note](/us/usc/t10/s271)) is amended by striking “2022” and inserting “2027”.
(b)Conditions.—Subsection
(d)of such section is amended—(1) by striking paragraph (1);
(2)by striking (2);
(3)by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively, and adjusting the margins accordingly; and
(4)in paragraph (2), as so redesignated, by striking “subparagraph (A)” and inserting “paragraph (1)”. Subtitle C—Naval Vessels and Shipyards SEC. 1011. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.(a) In General.—[Section 231 of title 10, United States Code](/us/usc/t10/s231), is amended—(1) in subsection (b)(2), by adding at the end the following new subparagraphs:"“(G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year’s plan. “(H) Certification.A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year’s plan. “(I) For each battle force ship planned to be inactivated during the five-year period beginning on the date of the submittal of the report, a description of the planned disposition of each such ship following such inactivation and the potential gaps in warfighting capability that will result from such ship being removed from service.” "; and135 STAT. 1890
(2)in subsection (f), by adding at the end the following new paragraph:"“(6) The term ‘**expected service life**’ means the number of years a naval vessel is expected to be in service.” ".
(b)Repeal of Termination of Annual Naval Vessel Construction Plan.—Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 111 note](/us/usc/t10/s111)) is amended by striking paragraph (15). SEC. 1012. IMPROVING OVERSIGHT OF NAVY CONTRACTS FOR SHIPBUILDING, CONVERSION, AND REPAIR.(a) In General.—Chapter 805 [title 10, United States Code](/us/usc/t10), is amended by adding at the end the following new section:"“§ 8039.[10 USC 8039](/us/usc/t10/s8039). Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair“(a) Appointment.In General.—The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the ‘Deputy Commander’). “(b) Qualifications.—The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position who possesses the expertise required to carry out the responsibilities specified in this section. “(c) Reporting.—The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. “(d) General Responsibilities.—The Deputy Commander shall oversee—“(1) the independent administration and management of the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; “(2) the designated contract administration office of the Department responsible for performing contract administration services for such contracts; “(3) enforcement of requirements of such contracts to ensure satisfaction of all contractual obligations; “(4) the work performed on such contracts to facilitate greater quality and economy in the products and services being procured; and “(5) on-site quality assurance by the Government for such contracts, including inspections. “(e) Non-Contract Administration Services Functions.—The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by overseeing the performance of the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters:“(1) Project oversight, including the following:“(A) Coordinating responses to non-contractual emergent problems, as assigned by the Commander of Naval Sea Systems Command. “(B) Jointly coordinating activities of precommissioning crews and ship’s force, and other Government activities.135 STAT. 1891 “(C) Communicating with customers and higher authority regarding matters that may affect project execution. “(D) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. “(2) Technical authority, including the following:“(A) Execution of the technical authority responsibilities by the Waterfront Chief Engineer. “(B) Execution of the waterfront technical authority responsibilities of the Naval Sea Systems Command for providing Government direction and coordination in the resolution of technical issues. “(f) Comprehensive Contract Management.—The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of commercial entities awarded a contract described in subsection (d)(1) and subcontractors (at any tier). “(g) Subcontractor Audits.—The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost-type subcontracts or incentive subcontracts—“(1) that are valued at $50,000,000 or more; and “(2) for which the Deputy Commander oversees the designated contract administration office of the Department pursuant to subsection (d)(2). “(h) Deadline.Summaries.Annual Written Assessment.—(1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment summarizing the activities and results associated with the contracts for which the Deputy Commander oversees the designated contract administration office of the Department. “(2) Each written assessment required by paragraph
(1)shall include the following:“(A) A summary of shipbuilding performance that—“(i) includes common critical process metrics documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair for each commercial entity described in subsection (d)(1); “(ii) outlines corrective action requests for critical defects and any actions planned or taken to address them; “(iii) indicates waivers approved to support acceptance trials, combined trials, and Navy acceptance of ship delivery from the commercial entity described in subsection (d)(1), to include the conditions requiring the approval of each waiver; and “(iv) includes information on the extent to which letters of delegation are used for each shipbuilding program to provide for quality assurance oversight of subcontractors (at any tier) by the Defense Contract Management Agency. “(B) A summary of any significant deficiencies in contractor business systems or other significant contract discrepancies documented by the appropriate Navy supervisor of shipbuilding, conversion, and repair, the Defense Contract Management 135 STAT. 1892 Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. “(C) A summary of the results from audits and inspections completed by Naval Sea Systems Command that evaluate the performance of the appropriate Navy supervisor of shipbuilding, conversion, and repair in executing their quality assurance and contract administration responsibilities. “(D) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that—“(i) includes key findings, recommendations, and implementation plans; and “(ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation.” ".
(b)Clerical Amendment.—The table of sections at the beginning of chapter 805 of such title10 USCprec. 8031. is amended by adding at the end the following new item:" “8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair.”. "
(c)10 USCprec. 8039.Effective Date.—On the date that is 30 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2023—(1) this section and the amendments made by this section shall take effect; and
(2)Appointment.Notification.the Secretary of the Navy shall appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair and notify the congressional defense committees of such appointment. SEC. 1013. CODIFICATION OF REQUIREMENT FOR ASSESSMENTS PRIOR TO START OF CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING PROGRAM.(a) In General.—[Chapter 863 of title 10, United States Code](/us/usc/t10/ch863), is amended by inserting after section 8669b the following new section:"“§ 8669c.[10 USC 8669c](/us/usc/t10/s8669c). Assessments required prior to start of construction on first ship of a shipbuilding program“(a) Time period.In General.—The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary—“(1) Reports.submits a report to the congressional defense committees on the results of any production readiness review; “(2) Certification.certifies to the congressional defense committees that the findings of any such review support commencement of construction; and “(3) Certification.certifies to the congressional defense committees that the basic and functional design of the vessel is complete. “(b) Report.—The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following:135 STAT. 1893“(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. “(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. “(3) The readiness of the shipyard facilities and workforce to begin construction. “(4) Cost estimate.The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. “(5) Estimate.The Navy’s estimated delivery date and description of any variance to the contract delivery date. “(6) The extent to which adequate processes and metrics are in place to measure and manage program risks. “(c) Definitions.—For the purposes of subsection (a):“(1) Basic and functional design.—The term ‘**basic and functional design**’, when used with respect to a vessel, means design through computer aided models, that—“(A) fixes the major hull structure of the vessel; “(B) sets the hydrodynamics of the vessel; and “(C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. “(2) First ship.—The term ‘**first ship**’ applies to a ship if—“(A) the ship is the first ship to be constructed under that shipbuilding program; or “(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. “(3) Major shipbuilding program.—The term ‘**major shipbuilding program**’ means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. “(4) Production readiness review.—The term ‘**production readiness review**’ means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. “(5) Start of construction.—The term ‘**start of construction**’ means the beginning of fabrication of the hull and superstructure of the ship.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 8661. is amended by inserting after the item relating to section 8669b the following new item:" “8669c. Assessments required prior to start of construction on first ship of a shipbuilding program.”. "
(c)Conforming Repeal.—Section 124 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 28](/us/stat/122/28); [10 U.S.C. 8661 note](/us/usc/t10/s8661)) is repealed. SEC. 1014. LIMITATION ON DECOMMISSIONING OR INACTIVATING A BATTLE FORCE SHIP BEFORE THE END OF EXPECTED SERVICE LIFE.(a) In General.—[Chapter 863 of title 10, United States Code](/us/usc/t10/ch863), is amended by inserting after section 8678 the following new section:135 STAT. 1894 "“§ 8678a.[10 USC 8678a](/us/usc/t10/s8678a). Limitation on decommissioning or inactivating a battle force ship before the end of expected service life“(a) Limitation.—The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. “(b) Waiver.—The Secretary of the Navy may waive the limitation under subsection
(a)with respect to a battle force ship if—“(1) the Secretary submits to the congressional defense committees the certification described in subsection
(c)with respect to such ship; and “(2) Time period.a period of 30 days has elapsed following the date on which such certification was submitted. “(c) Certification Described.—A certification described in this subsection is a certification that—“(1)(A) maintaining the battle force ship in a reduced operating status is not feasible; “(B) maintaining the ship with reduced capability is not feasible; “(C) maintaining the ship as a Navy Reserve unit is not feasible; “(D) transferring the ship to the Coast Guard is not feasible; and “(E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and “(2) includes an explanation of—“(A) the options assessed and the rationale for the determinations under subparagraphs
(A)through
(D)of paragraph (1); and “(B) the rationale for the determination under subparagraph
(E)of such paragraph. “(d) Form.—A certification submitted under subsection
(b)shall be submitted in unclassified form, but may include a classified annex. “(e) Definitions.—In this section:“(1) The term ‘**battle force ship**’ means the following:“(A) A commissioned United States Ship warship capable of contributing to combat operations. “(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. “(2) The term ‘**expected service life**’ means the number of years a naval vessel is expected to be in service.” ".
(b)Clerical Amendment.—The table of sections at the beginning of chapter 863 of such title[10 USC ](/us/usc/t10)prec. 8661. is amended by inserting after the item relating to section 8678 the following new item:" “8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life.”. " SEC. 1015. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE INDUSTRIAL BASE.(a) Technical Correction.—The second [section 8692 of title 10, United States Code](/us/usc/t10/s8692), as added by section 1026 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is redesignated as section 8693 and the table of sections at the beginning of chapter 863[10 USC ](/us/usc/t10)prec. 8661. of such title is conformed accordingly.135 STAT. 1895
(b)Modification of Report.—Such section is further amended—(1) by striking “Not later” and inserting “(a) In General.—Not later”;
(2)in subsection (a), as so redesignated, by adding at the end the following new paragraph:"“(7) Analysis.Contracts.An analysis of the potential benefits of multi-year procurement contracting for the stability of the shipbuilding defense industrial base.” "; and
(3)by adding at the end the following new subsection:"“(b) Solicitation and Analysis of Information.—In order to carry out subsection (a)(2), the Secretary of the Navy and Secretary of Labor shall—“(1) solicit information regarding the age demographics and occupational experience level from the private shipyards of the shipbuilding defense industrial base; and “(2) analyze such information for findings relevant to carrying out subsection (a)(2), including findings related to the current and projected defense shipbuilding workforce, current and projected labor needs, and the readiness of the current and projected workforce to supply the proficiencies analyzed in subsection (a)(1).” ". SEC. 1016. ANNUAL REPORT ON SHIP MAINTENANCE.(a) In General.—[Chapter 863 of title 10, United States Code](/us/usc/t10/ch863), is amended by adding at the end the following new section:"“§ 8694.[10 USC 8694](/us/usc/t10/s8694). Annual report on ship maintenance“(a) Report Required.—Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report setting forth each of the following:“(1) A description of all ship maintenance planned for the fiscal year during which the report is submitted, by hull. “(2) Cost estimate.The estimated cost of the maintenance described pursuant to paragraph (1). “(3) Summary.A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. “(4) A detailed description of any ship maintenance that was deferred during the previous fiscal year, including specific reasons for the delay or cancellation of any availability. “(5) A detailed description of the effect of each of the planned ship maintenance actions that were delayed or cancelled during the previous fiscal year, including—“(A) Summary.Schedule.a summary of the effects on the costs and schedule for each delay or cancellation; and “(B) Deferment costs.the accrued operational and fiscal cost of all the deferments over the fiscal year. “(b) Public information.Web posting.Form of Report.— Each report submitted under subsection
(a)shall be submitted in unclassified form and made publicly available on an appropriate internet website in a searchable format, but may contain a classified annex.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter is[10 USC ](/us/usc/t10)prec. 8661. amended by adding at the end the following new section:" “8694. Annual report on ship maintenance.”. "135 STAT. 1896 SEC. 1017. NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT REPORTING.(a) In General.—[Chapter 863 of title 10, United States Code](/us/usc/t10/ch863), as amended by section 1023, is further amended by adding at the end the following new section:"“SEC. 8695. [10 USC 8695](/us/usc/t10/s8695).NAVY BATTLE FORCE SHIP ASSESSMENT AND REQUIREMENT REPORTING.“(a) Deadline.In General.—Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. “(b) Assessment.—Each assessment required by subsection
(a)shall include the following:“(1) Review.A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. “(2) An identification of the steady-state demand for maritime security and security force assistance activities. “(3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. “(4) Analysis.A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. “(5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. “(6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. “(c) Requirement.—(1) Each requirement required by subsection
(a)shall—“(A) be based on the assessment required by subsection (b); and “(B) Time periods.identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event—“(i) the total number of battle force ships required; “(ii) the number of battle force ships required in each of the categories described in paragraph (2); “(iii) the classes of battle force ships included in each of the categories described in paragraph (2); and “(iv) the number of battle force ships required in each class. “(2) The categories described in this paragraph are the following:“(A) Aircraft carriers. “(B) Large surface combatants. “(C) Small surface combatants. “(D) Amphibious warfare ships. “(E) Attack submarines. “(F) Ballistic missile submarines. “(G) Combat logistics force. “(H) Expeditionary fast transport. “(I) Expeditionary support base.135 STAT. 1897 “(J) Command and support. “(K) Other. “(d) Definitions.—In this section:“(1) The term ‘**battle force ship**’ means the following:“(A) A commissioned United States Ship warship capable of contributing to combat operations. “(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. “(2) The term ‘**covered event**’ means a significant change to any of the following:“(A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. “(B) Strategic laydown of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. “(C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. “(D) Assigned missions that affect the type or quantity of force elements.” ".
(b)Clerical Amendment.—The table of sections at the beginning of chapter 863 of such title[10 USC ](/us/usc/t10)prec. 8661. is further amended by adding at the end the following new item:" “8695. Navy battle force ship assessment and requirement reporting.”. "
(c)[10 USC 8695 note](/us/usc/t10/s8695).Baseline Assessment and Requirement Required.—The date of the enactment of this Act is deemed to be a covered event for the purposes of establishing a baseline battle force ship assessment and requirement under [section 8695 of title 10, United States Code](/us/usc/t10/s8695), as added by subsection (a). SEC. 1018. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF MARK VI PATROL BOATS.(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Navy may be obligated or expended to retire, prepare to retire, or place in storage any Mark VI patrol boat.
(b)Consultation.Report.—Not later than February 15, 2022, the Secretary of the Navy, in consultation with the Commandant of the Marine Corps, shall submit to the congressional defense committees a report that includes each of the following:(1) The rationale for the retirement of existing Mark VI patrol boats, including an operational analysis of the effect of such retirements on the warfighting requirements of the commanders of each of the combatant commands.
(2)Review.A review of how the Fifth Fleet requirements, which are currently being met by Mark VI patrol boats, will continue to be met without such boats, including an evaluation of the cumulative effect of eliminating Mark VI patrol boats in addition to other recent reductions in Navy riverine force structure, such as riverine command boats, in the theater.
(3)Update.An update on the implementation of the corrective actions and lessons learned from the Navy’s investigation of the January 12, 2016, incident in which 10 United States sailors were detained by Iranian forces near Farsi Island, the extent to which retiring existing Mark VI patrol boats will affect such implementation, and how such implementation will be sustained in the absence of Mark VI patrol boats.135 STAT. 1898
(4)Review.A review of operating concepts for escorting high value units without Mark VI patrol boats.
(5)A description of the manner and concept of operations in which the Marine Corps could use Mark VI patrol boats to support distributed maritime operations, advanced expeditionary basing operations, and persistent presence near maritime choke points and strategic littorals in the Indo-Pacific region.
(6)Assessment.An assessment of the potential for modification, and the associated costs, of the Mark VI patrol boat for the inclusion of loitering munitions or anti-ship cruise missiles, such as the Long Range Anti-Ship Missile and the Naval Strike Missile, particularly to support the concept of operations described in paragraph (5).
(7)A description of resources required for the Marine Corps to possess, man, train, and maintain Mark VI patrol boats in the performance of the concept of operations described in paragraph
(5)and modifications described in paragraph (6).
(8)Determination.Effective date.A determination of whether the Marine Corps should take possession of the Mark VI patrol boats effective on or before September 30, 2022.
(9)Such other matters the Secretary determines appropriate. SEC. 1019. AVAILABILITY OF FUNDS FOR RETIREMENT OR INACTIVATION OF GUIDED MISSILE CRUISERS. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than 5 guided missile cruisers. SEC. 1020. REVIEW OF SUSTAINMENT KEY PERFORMANCE PARAMETERS FOR SHIPBUILDING PROGRAMS.(a) Deadline.In General.—Not later than 90 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall initiate a review of the Joint Capabilities Integration and Development System policy related to the setting of sustainment key performance parameters and key system attributes for shipbuilding programs to ensure such parameters and attributes account for a comprehensive range of factors that could affect the operational availability and materiel availability of a ship. Such review shall include the extent to which—(1) the term “**operational availability**” should be redefined by mission area and to include equipment failures that affect the ability of a ship to perform primary missions; and
(2)the term “**materiel availability**” should be redefined to take into account factors that could result in a ship being unavailable for operations, including unplanned maintenance, unplanned losses, and training.
(b)Report Required.—Not later than 180 days after the date of the enactment of this Act, the Chairman of the Joint Chiefs of Staff shall submit to congressional defense committees a report on the findings and recommendations of the review required under paragraph (a).135 STAT. 1899 SEC. 1021. ASSESSMENT OF SECURITY OF GLOBAL MARITIME CHOKEPOINTS.(a) Reports.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the security of global maritime chokepoints from the threat of hostile kinetic attacks, cyber disruptions, and other form of sabotage. The report shall include an assessment of each of the following with respect to each global maritime chokepoint covered by the report:(1) The expected length of time and resources required for operations to resume at the chokepoint in the event of attack, sabotage, or other disruption of regular maritime operations.
(2)The security of any secondary chokepoint that could be affected by a disruption at the global maritime chokepoint.
(3)Options to mitigate any vulnerabilities resulting from a hostile kinetic attack, cyber disruption, or other form of sabotage at the chokepoint.
(b)Form of Report.—The report required by subsection
(a)shall be submitted in unclassified form, but may contain a classified annex.
(c)Global Maritime Chokepoint.—In this section, the term “**global maritime chokepoint**” means any of the following:(1) The Panama Canal.
(2)The Suez Canal.
(3)The Strait of Malacca.
(4)The Strait of Hormuz.
(5)The Bab el-Mandeb Strait.
(6)Any other chokepoint determined appropriate by the Secretary. SEC. 1022. REPORT ON ACQUISITION, DELIVERY, AND USE OF MOBILITY ASSETS THAT ENABLE IMPLEMENTATION OF EXPEDITIONARY ADVANCED BASE OPERATIONS.(a) Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes a detailed description of each of the following:(1) The doctrine, organization, training, materiel, leadership and education, personnel, and facilities required to operate and maintain a force of 24 to 35 Light Amphibious Warships, including—(A) Timeline.the estimated timeline for procuring and delivering such warships;
(B)Cost estimate.Time period.the estimated cost to procure, man, train, operate, maintain, and modernize such warships for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost; and
(C)the feasibility of accelerating the current Light Amphibius Warship procurement plan and delivery schedule.
(2)The specific number, type, and mix of manned and unmanned platforms required to support distributed maritime operations and expeditionary advanced base operations.
(3)The feasibility of Marine Littoral Regiments using other joint and interagency mobility platforms prior to, in addition 135 STAT. 1900 to, or in lieu of the operational availability of Light Amphibious Warships, including—(A) Army LCU-2000, Runnymede-class and General Frank S. Besson-class logistics support vessels;
(B)Navy LCU-1610 or LCU-1700, Landing Craft Air Cushioned, and Ship-to-Shore Connector vessels;
(C)commercial vessel options that—(i) are available as of the date of the enactment of this Act; and
(ii)meet Marine Littoral Regiment requirements for movement, maneuver, sustainment, training, interoperability, and cargo capacity and delivery;
(D)maritime prepositioning force vessels; and
(E)Coast Guard vessels.
(4)The specific number, type, and mix of long range unmanned surface vessel platforms required to support distributed maritime operations, expeditionary advanced base operations, along with their operational interaction with the warfighting capabilities of the fleet, including—(A) Timeline.the estimated timeline for procuring and delivering such platforms; and
(B)Cost estimate.Time period.the estimated cost to procure, man, train, operate, maintain, and modernize such platforms for each of the 10 years following the year in which the report is submitted, together with the notional Department of Defense appropriations account associated with each such cost.
(5)The feasibility of integrating Marine Littoral Regiments with—(A) special operations activities;
(B)joint and interagency planning;
(C)information warfare operations; and
(D)command, control, communications, computer, intelligence, surveillance and reconnaissance, and security cooperation activities.
(6)The projected cost and timeline for deploying Marine Littoral Regiments, including—(A) Time period.the extent to which such regiments will deploy with the capabilities listed in paragraphs
(1)through
(5)during each of the 10 years following the year in which the report is submitted; and
(B)options to accelerate such deployments or increase the capabilities of such regiments if additional resources are available, together with a description of such resources.
(b)Public information.Form of Report.—The report required by subsection
(a)shall be submitted in a publicly accessible, unclassified form, but may contain a classified annex. Subtitle D—Counterterrorism SEC. 1031. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF INFORMATION ON USE OF MILITARY FORCE IN COLLECTIVE SELF-DEFENSE. [Section 485(a) of title 10, United States Code](/us/usc/t10/s485/a), is amended by inserting after “activities” the following: “, including the use of military force under the notion of collective self-defense of foreign partners”.135 STAT. 1901 SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1954](/us/stat/132/1954)), as most recently amended by section 1043 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3847](/us/stat/134/3847)., is further amended by striking “December 31, 2021” and inserting “December 31,2022”. SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES. Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1953](/us/stat/132/1953)), as most recently amended by section 1041 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3846](/us/stat/134/3846)., is further amended by striking “December 31, 2021” and inserting “December 31, 2022”. SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 1954](/us/stat/132/1954)), as most recently amended by section 1042 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3847](/us/stat/134/3847)., is further amended by striking “December 31, 2021” and inserting “December 31, 2022”. SEC. 1035. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [131 Stat. 1551](/us/stat/131/1551)), as most recently amended by section 1044 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3847](/us/stat/134/3847)., is further amended by striking “fiscal years 2018 through 2021” and inserting “any of fiscal years 2018 through 2022”. SEC. 1036. REPORT ON MEDICAL CARE PROVIDED TO DETAINEES AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.(a) Report.—Not later than 120 days after the date of the enactment of this Act, the Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the “Chief Medical Officer”), shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision of medical care to individuals detained at Guantanamo.
(b)Elements.—The report required by subsection
(a)shall include the following:135 STAT. 1902(1) Assessment.An assessment of the quality of medical care provided to individuals detained at Guantanamo, including whether such care meets applicable standards of care.
(2)A description of the medical facilities and resources at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo.
(3)A description of the medical facilities and resources not at United States Naval Station, Guantanamo Bay, that would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care.
(4)A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date on which the report is submitted.
(5)A description of the range of medical conditions likely to be experienced by individuals detained at Guantanamo, given the medical conditions of such individuals as of the date on which the report is submitted and the likely effects of aging.
(6)Assessment.An assessment of any gaps between—(A) the medical facilities and resources described in paragraphs
(2)and (3); and
(B)the medical facilities and resources required to provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs
(4)and (5).
(7)Plan.Cost estimates.The plan of the Chief Medical Officer to address the gaps described in paragraph (6), including the estimated costs associated with addressing such gaps.
(8)Assessment.An assessment of whether the Chief Medical Officer has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out the Chief Medical Officer’s duties, including full and expeditious access to the following:(A) Any individual detained at Guantanamo.
(B)Any medical records of any individual detained at Guantanamo.
(C)Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay.
(c)Classified information.Form of Report.—The report required by subsection
(a)shall be submitted in classified form.
(d)Definitions.—In this section, the terms “individual detained at Guantanamo”, “medical care”, and “standard of care” have the meanings given those terms in section 1046(e) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1586](/us/stat/133/1586); [10 U.S.C. 801 note](/us/usc/t10/s801)). Subtitle E—Miscellaneous Authorities and Limitations SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE COMPENSATORY CONTROL MEASURES.(a) Limitation on Availability of Funds Pending Submission of Report.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of the Under Secretary of 135 STAT. 1903 Defense for Policy, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required under section 119a(a) for 2021.
(b)Congressional Oversight.—[Section 119a of title 10, United States Code](/us/usc/t10/s119a), is amended by adding at the end the following new subsection:"“(g) Congressional Oversight.—(1) Neither the Secretary of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the congressional defense committees to—“(A) any classified program, or any information about any classified program, to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or “(B) any classified program established, or any information about any classified program that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees. “(2) In this subsection, the term ‘**classified program**’ includes any special access program, alternative compensatory control measure, or any other controlled access program.” ". SEC. 1042. MODIFICATION OF NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY OPERATIONS. [Section 130f(d) of title 10, United States Code](/us/usc/t10/s130f/d), is amended—(1) by striking “(1) Except as provided in paragraph (2), in” and inserting “In”;
(2)by striking paragraph (2);
(3)by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively;
(4)in paragraph (1), as so redesignated, by striking “; or” and inserting a semicolon;
(5)in paragraph (2), as so redesignated, by striking the period at the end and inserting “; or”; and
(6)by adding at the end the following new paragraph:"“(3) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces.” ". SEC. 1043. AUTHORITY TO PROVIDE SPACE AND SERVICES TO MILITARY WELFARE SOCIETIES. [Section 2566 of title 10, United States Code](/us/usc/t10/s2566) is amended—(1) in subsection (a), by striking “of a military department” and inserting “concerned”; and
(2)in subsection (b)(1), by adding at the end the following new subparagraph:"“(D) The Coast Guard Mutual Assistance.” ". SEC. 1044. CONGRESSIONAL NOTIFICATION OF SIGNIFICANT ARMY FORCE STRUCTURE CHANGES.(a) Notification Requirement.—(1) In general.—[Chapter 711 of title 10, United States Code](/us/usc/t10/ch711), is amended by inserting after section 7101 the following new section:135 STAT. 1904 "“§ 7102.[10 USC 7102](/us/usc/t10/s7102). Congressional notification of significant Army force structure changes“(a) Notification Required.—Except as provided in subsection (c), the Secretary of the Army shall submit to the congressional defense committees written notification of any decision to make a significant change to Army force structure prior to implementing or announcing such change. “(b) Contents.—A notification required under subsection
(a)shall include each of the following:“(1) The justification for the planned change. “(2) A description of the details of the planned change and timing for implementation. “(3) A description of the operational implications of the planned change. “(4) Cost estimates.The estimated costs of such change. “(c) Certification.Exception.—The notification requirement under subsection
(a)shall not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of military urgency. “(d) Definition of Significant Change to Army Force Structure.—In this section, the term ‘**significant change to Army force structure**’ means—“(1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; “(2) a change in the number or component of theater-level capabilities, such as a multi-domain task force, Terminal High Altitude Area Defense, long range fires unit, or headquarters; or “(3) a permanent or temporary activation or inactivation of an experimental unit or brigade-size or higher task force.” ".
(2)Clerical amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 7101. is amended by inserting after the item relating to section 7101 the following new item:" “7102. Congressional notification of significant Army force structure changes.”. "
(b)Briefing on Army Structure Memorandum.—Prior to issuing the Army Structure Memorandum derived from the Total Army Analysis, the Secretary of the Army shall provide to the congressional defense committees a briefing on the memorandum. The briefing shall include a description of each of the following:(1) The guidance and direction provided to the Army by the Secretary of Defense in the Defense Planning Guidance or other directives.
(2)Any scenarios and assumptions used to conduct the analysis.
(3)Any significant force design updates incorporated in the analysis.
(4)Any significant Army force structure changes directed in the Army Structure Memorandum.
(5)Any substantive changes of assessed risk associated with changes directed in the memorandum. SEC. 1045. PROHIBITION ON USE OF NAVY, MARINE CORPS, AND SPACE FORCE AS POSSE COMITATUS.(a) In General.—[Section 1385 of title 18, United States Code](/us/usc/t18/s1385), is amended—135 STAT. 1905(1) by striking “or” after “Army” and inserting “, the Navy, the Marine Corps,”;
(2)by inserting “, or the Space Force” after “Air Force”; and
(3)in the section heading, by striking “**Army and Air Force**” and inserting “**Army, Navy, Marine Corps, Air Force, and Space Force**”.
(b)Clerical Amendment.—The table of sections at the beginning of chapter 67 of such title[18 USC ](/us/usc/t18)prec. 1381. is amended by striking the item relating to section 1385 and inserting the following new item:" “1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as posse comitatus”. " SEC. 1046. COMPARATIVE TESTING REPORTS FOR CERTAIN AIRCRAFT.(a) Modification of Limitation.—Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2037](/us/stat/130/2037)) is amended by striking “the report under subsection (e)(2)” and inserting “a report that includes the information described in subsection (e)(2)(C)”.
(b)Comparative Testing Reports Required.—(1) Report from director of operational test and evaluation.—Not later than 53 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that includes the information described in section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2038](/us/stat/130/2038)).
(2)Report from secretary of the air force.—Not later than 53 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the information described in section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [130 Stat. 2038](/us/stat/130/2038)). SEC. 1047. SPECIAL OPERATIONS FORCES JOINT OPERATING CONCEPT FOR COMPETITION AND CONFLICT.(a) Deadline.In General.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict.
(b)Elements.—The joint operating concept required by subsection
(a)shall include the following:(1) A detailed description of the manner in which special operations forces will be expected to operate in the future across the spectrum of operations, including operations below the threshold of traditional armed conflict, crisis, and armed conflict.
(2)An explanation of the roles and responsibilities of the national mission force and the theater special operations forces, including how such forces will be integrated with each other and with general purpose forces.
(3)An articulation of the required capabilities of the special operations forces.135 STAT. 1906
(4)An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting concept produced by the Joint Chiefs of Staff.
(5)An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces.
(6)Any other matter the Assistant Secretary and the Commander consider relevant. SEC. 1048. Time period.Reports.LIMITATION ON AVAILABILITY OF CERTAIN FUNDING FOR OPERATION AND MAINTENANCE. Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the following:(1) The first quarterly report identifying and summarizing all execute orders approved by the Secretary of Defense or the commander of a combatant command in effect for the Department of Defense as required by section 1744(c) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 113 note](/us/usc/t10/s113)).
(2)The report on the policy of the Department of Defense relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [10 U.S.C. 134 note](/us/usc/t10/s134)). SEC. 1049. LIMITATION ON USE OF CERTAIN FUNDS PENDING SUBMISSION OF REPORT, STRATEGY, AND POSTURE REVIEW RELATING TO INFORMATION ENVIRONMENT. Of the amounts authorized to be appropriated for fiscal year 2022 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301, not more than 75 percent shall be available until the date on which all of the following are submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives:(1) The report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92)).
(2)The strategy and posture review required by subsection
(g)of such section. SEC. 1050. BRIEFING BY COMPTROLLER GENERAL AND LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH REQUIREMENT FOR INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS.(a) Deadline.Briefing Requirement.—Not later than March 31, 2022, the Comptroller General of the United States shall provide to the congressional defense committees a briefing on the status of the ongoing efforts of the Comptroller General with respect to the effectiveness of each of the following:(1) Department of Defense programming and planning for the nuclear enterprise.
(2)Department of Defense processes for identifying the relevance of legacy military systems.135 STAT. 1907
(3)Defense weapon system acquisition and contracting.
(b)Limitation on Availability of Funds.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which the Secretary of Defense has entered into agreements for the conduct of the independent reviews required under section 1753 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1852](/us/stat/133/1852)). SEC. 1051. SURVEY ON RELATIONS BETWEEN MEMBERS OF THE ARMED FORCES AND MILITARY COMMUNITIES.(a) Survey.—(1) Deadline.In general.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall conduct a survey of covered individuals regarding relations between covered individuals and covered communities.
(2)Contents of survey.—The survey shall be designed to solicit information from covered individuals regarding each of the following:(A) The rank, age, racial, ethnic, and gender demographics of the covered individuals.
(B)Relationships between covered individuals and the covered community, including support services and acceptance of the military community.
(C)The availability of housing, health care, mental health services, and education for covered individuals, employment opportunities for military spouses, and other relevant issues.
(D)Initiatives of local government and community organizations with respect to covered individuals and covered communities.
(E)The physical safety of covered individuals while in a covered community but outside the military installation located in such covered community.
(F)Any other matters designated by the Secretary of Defense.
(3)Locations.—For purposes of conducting the survey under this subsection, the Secretary of Defense shall select ten geographically diverse military installations where the survey will be conducted.
(b)Additional Activities.—In the course of conducting surveys under this section, the Secretary may carry out any of the following activities with respect to covered individuals and covered communities:(1) Facilitating local listening sessions and information exchanges.
(2)Developing educational campaigns.
(3)Supplementing existing local and national defense community programs.
(4)Sharing best practices and activities.
(c)Coordination.—To support activities under this section, the Secretary of Defense may coordinate with local governments and not-for-profit organizations that represent covered individuals.135 STAT. 1908
(d)Deadline.Briefing.—Not later than September 30, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the survey conducted under subsection (a). Such briefing shall include—(1) with respect to each covered community—(A) the results of the survey; and
(B)the activities conducted to address racial inequity in the community;
(2)the aggregate results of the survey; and
(3)best practices for creating positive relationships between covered individuals and covered communities.
(e)Definitions.—In this section:(1) The term “**covered community**” means a military installation and any geographic area within 10 miles of such military installation.
(2)The term “**covered individual**” means any of the following individuals who live in a covered community or work on a military installation in a covered community:(A) A member of the Armed Forces.
(B)A family member of an individual described in subparagraph (A).
(3)The term “**military installation**” has the meaning given such term in [section 2801 of title 10, United States Code](/us/usc/t10/s2801). SEC. 1052. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH CERTAIN STATUTORY REPORTING REQUIREMENTS.(a) Limitation.—Of the funds authorized to be appropriated or otherwise made available for fiscal year 2022 for the Office of the Secretary of Defense for travel expenses, not more than 90 percent may be obligated or expended before the date on which all of the following reports are submitted to Congress and the unclassified portions thereof made publicly available:(1) The report required under section 589F(c) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(2)The reports required under section 1299H(d) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(3)The report required under section 888(b) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92)).
(4)The report required under section 1752(b) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92)).
(b)Deadline.Briefing Requirement.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on obstacles to compliance with congressional mandated reporting requirements. SEC. 1053. NAVY COORDINATION WITH COAST GUARD AND SPACE FORCE ON AIRCRAFT, WEAPONS, TACTICS, TECHNIQUE, ORGANIZATION, AND EQUIPMENT OF JOINT CONCERN. [Section 8062(d) of title 10, United States Code](/us/usc/t10/s8062/d), is amended by inserting “the Coast Guard, the Space Force,” after “the Air Force,”.135 STAT. 1909 Subtitle F—Studies and Reports SEC. 1061. INCLUSION OF SUPPORT SERVICES FOR GOLD STAR FAMILIES IN QUADRENNIAL QUALITY OF LIFE REVIEW.(a) Technical Amendment.—(1) In general.—The second [section 118a of title 10, United States Code](/us/usc/t10/s118a) (relating to the quadrennial quality of life review) is redesignated as section 118b.
(2)Clerical amendment.—The table of sections at the beginning of chapter 2 of such title[10 USC ](/us/usc/t10)prec. 111. is amended by striking the item relating to the second section 118a and inserting the following new item:" “118b. Quadrennial quality of life review.”. "
(b)Inclusion in Review.—Subsection
(c)of [section 118b of title 10, United States Code](/us/usc/t10/s118b), as redesignated under subsection (a), is amended by adding at the end the following new paragraph:"“(15) Support services for Gold Star families.” ". SEC. 1062. PUBLIC AVAILABILITY OF SEMI-ANNUAL SUMMARIES OF REPORTS.(a) In General.—[Section 122a of title 10, United States Code](/us/usc/t10/s122a), is amended by adding at the end the following new subsection:"“(c) Web posting.Semi-annual Summaries.—Not later than January 1 and July 1 of each year, the Secretary of Defense shall make publicly available on an appropriate internet website a summary of all reports submitted to Congress by the Department of Defense for the preceding six-month period that are required to be submitted by statute. Each such summary shall include, for each report covered by the summary, the title of report, the date of delivery, and the section of law under which such report is required.” ".
(b)[10 USC 122a note](/us/usc/t10/s122a).Applicability.—Subsection
(c)of [section 122a of title 10, United States Code](/us/usc/t10/s122a), as added by subsection (a), shall apply beginning on the date that is one year after the date of the enactment of this Act. SEC. 1063. EXTENSION OF REPORTING REQUIREMENT REGARDING ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF MILITARY TRAINING BETWEEN DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF DEFENSE. Section 1014(d)(3) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328)) is amended by striking “December 31, 2022” and inserting “December 31, 2023”. SEC. 1064. CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS. Section 1061 of the National Defense Authorization Act for Fiscal Year 2017 ([10 U.S.C. 111 note](/us/usc/t10/s111)) is amended—(1) in subsection (b)(2), by adding at the end the following new subparagraphs:"“(E) The submission of the report required under section 14 of the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98h–5](/us/usc/t50/s98h–5)). “(F) The submission of the report required under [section 2504 of title 10, United States Code](/us/usc/t10/s2504).” ";
(2)in subsection (c), by striking paragraph (47); and135 STAT. 1910
(3)in subsection (i), by striking paragraph (30). SEC. 1065. UPDATED REVIEW AND ENHANCEMENT OF EXISTING AUTHORITIES FOR USING AIR FORCE AND AIR NATIONAL GUARD MODULAR AIRBORNE FIRE-FIGHTING SYSTEMS AND OTHER DEPARTMENT OF DEFENSE ASSETS TO FIGHT WILDFIRES. Section 1058 of the National Defense Authorization Act for Fiscal Year 2004 ([Public Law 108–136](/us/pl/108/136); [31 U.S.C. 1535 note](/us/usc/t31/s1535)) is amended by adding at the end the following new subsection:"“(g) Updated Review and Enhancement of Authorities.—(1) Deadline.Not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director shall—“(A) Determination.conduct a second review under subsection
(a)and make a second determination under subsection (b); and “(B) Reports.submit to Congress a report that includes—“(i) the results of the second review and second determination required by subparagraph (A); and “(ii) a description, based on such second determination, of any new modifications proposed to be made to existing authorities under subsection
(c)or (d), including whether there is a need for legislative changes to further improve the procedures for using Department of Defense assets to fight wildfires. “(2) Procedures.Determination.Pursuant to the second determination under subsection
(b)required by paragraph (1)(A), the Director shall develop and implement such modifications, regulations, policies, and interagency procedures as the Director determines appropriate pursuant to subsections
(c)and (d).Effective date.Time period. Any such modification, regulation, policy, or interagency procedure shall not take effect until the end of the 30-day period beginning on the date on which the report is submitted to Congress under paragraph (1)(B).” ". SEC. 1066. GEOGRAPHIC COMBATANT COMMAND RISK ASSESSMENT OF AIR FORCE AIRBORNE INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE MODERNIZATION PLAN.(a) Reports.In General.—Not later than March 31, 2022, each commander of a geographic combatant command shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to that command posed by the plan of the Air Force to modernize and restructure airborne intelligence, surveillance, and reconnaissance capabilities to meet near-, mid-, and far-term contingency and steady-state operational requirements against adversaries in support of the objectives of the current national defense strategy.
(b)Plan Assessed.—The plan of the Air Force referred to in subsection
(a)is the plan required under section 142 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(c)Assessment of Risk.—In assessing levels of operational risk for purposes of subsection (a), a commander shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E.
(d)Geographic Combatant Command.—In this section, the term “**geographic combatant command**” means each of the following:(1) United States European Command.
(2)United States Indo-Pacific Command.135 STAT. 1911
(3)United States Africa Command.
(4)United States Southern Command.
(5)United States Northern Command.
(6)United States Central Command. SEC. 1067. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER. Deadlines.Time periods.Not later than December 1 of each of 2022, 2024, and 2026, the Secretary of the Air Force shall submit to the congressional defense committees an assessment of the Air Force Test Center. Each such assessment shall include, for the period covered by the assessment, a description of—(1) any challenges of the Air Force Test Center with respect to completing its mission; and
(2)the plan of the Secretary to address such challenges. SEC. 1068. REPORT ON 2019 WORLD MILITARY GAMES.(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the participation of the United States in the 2019 World Military Games. Such report shall include a detailed description of each of the following:(1) The number of United States athletes and staff who attended the 2019 World Military Games and became ill with COVID–19-like symptoms during or shortly after their return to the United States.
(2)The results of any blood testing conducted on athletes and staff returning from the 2019 World Military Games, including whether those blood samples were subsequently tested for COVID–19.
(3)The number of home station Department of Defense facilities of the athletes and staff who participated in the 2019 World Military Games that experienced outbreaks of illnesses consistent with COVID–19 symptoms upon the return of members of the Armed Forces from Wuhan, China.
(4)Time period.The number of Department of Defense facilities visited by team members after returning from Wuhan, China, that experienced COVID–19 outbreaks during the first quarter of 2020, including in relation to the share of other Department of Defense facilities that experienced COVID–19 outbreaks through March 31, 2020.
(5)Whether the Department tested members of the Armed Forces who traveled to Wuhan, China, for the World Military Games for COVID–19 antibodies, and if so, what portion, if any, of those results were positive, and when such testing was conducted.
(6)Whether there are, or have been, any investigations, including under the auspices of an Inspector General, across the Department of Defense or the military departments into possible connections between United States athletes who traveled to Wuhan, China, and the outbreak of COVID–19.
(7)Whether the Department has engaged with the militaries of allied or partner countries about illnesses surrounding the 2019 World Military Games, and if so, how many participating militaries have indicated to the Department that their athletes or staff may have contracted COVID–19-like symptoms during or immediately after the Games.135 STAT. 1912
(b)Public information.Web posting.Form of Report.—Except to the extent prohibited by law, the report required under this section shall be submitted in unclassified form and made publicly available on an internet website in a searchable format, but may contain a classified annex. SEC. 1069. REPORTS ON OVERSIGHT OF AFGHANISTAN.(a) Coordination.Termination date.Reports.—Not later than 60 days after the date of the enactment of this Act, and annually thereafter until December 31, 2026, the Secretary of Defense, in coordination with the Director of National Intelligence and consistent with the protection of intelligence sources and methods, shall submit to the appropriate congressional committees a report on Afghanistan. Each such report shall address, with respect to Afghanistan, the following matters:(1) Assessment.An up-to-date assessment of the over-the-horizon capabilities of the United States.
(2)A description of the concept of force with respect to the over-the-horizon force of the United States.
(3)The size of such over-the-horizon force.
(4)The location of such over-the-horizon force, including the locations of the forces as of the date of the submission of the report and any plans to adjust such locations.
(5)The chain of command for such over-the-horizon force.
(6)Criteria.The launch criteria for such over-the-horizon force.
(7)Plans.Any plans to expand or adjust such over-the-horizon force capabilities in the future, to account for evolving terrorist threats in Afghanistan.
(8)Assessment.An assessment of the terrorist threat in Afghanistan.
(9)Assessment.An assessment of the quantity and types of United States military equipment remaining in Afghanistan, including an indication of whether the Secretary plans to leave, recover, or destroy such equipment.
(10)Plans.Contingency plans for the retrieval or hostage rescue of United States citizens located in Afghanistan.
(11)Plans.Contingency plans related to the continued evacuation of Afghans who hold special immigrant visa status under section 602 of the Afghan Allies Protection Act of 2009 ([8 U.S.C. 1101 note](/us/usc/t8/s1101)) or who have filed a petition for such status, following the withdrawal of the United States Armed Forces from Afghanistan.
(12)A concept of logistics support to support the over-the-horizon force of the United States, including all basing and transportation plans.
(13)Assessment.An assessment of changes in the ability of al-Qaeda and ISIS-K to conduct operations within Taliban-held Afganistan or outside of Afghanistan against the United States and allies of the United States.
(14)Assessment.An assessment of the threat posed by prisoners released by the Taliban from the Pul-e-Charkhi prison and Parwan detention facility, Afghanistan, in August 2021, including, for each such prisoner—(A) the country of origin of the prisoner;
(B)any affiliation of the prisoner with a foreign terrorist organization; and
(C)in the case of any such prisoner determined to pose a risk for external operations outside of Afghanistan, the assessed location of the prisoner.135 STAT. 1913
(15)The status of any military cooperation between the Taliban and China, Russia, or Iran.
(16)Any other matters the Secretary determines appropriate.
(b)Form.—Each report required under this section may be submitted in either unclassified or classified form, as determined appropriate by the Secretary.
(c)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2)the Committee on Armed Services and the Select Committee on Intelligence of the Senate. SEC. 1070. STUDY AND REPORT ON DEPARTMENT OF DEFENSE EXCESS PERSONAL PROPERTY PROGRAM.(a) Study.—The Director of the Defense Logistics Agency shall conduct a study on the excess personal property program of the Department of Defense under [section 2576a of title 10, United States Code](/us/usc/t10/s2576a), and the administration of such program by the Law Enforcement Support Office. Such study shall include—(1) Analysis.an analysis of the degree to which personal property transferred under such program has been distributed equitably between larger, well-resourced municipalities and units of government and smaller, less well-resourced municipalities and units of government; and
(2)an identification of potential reforms to such program to ensure that such property is transferred in a manner that provides adequate opportunity for participation by smaller, less well-resourced municipalities and units of government.
(b)Report.—Not later than one year after the date of the enactment of this Act, the Director shall submit to the congressional defense committees a report on the results of a study required under subsection (a). SEC. 1071. [10 USC 139b note](/us/usc/t10/s139b).OPTIMIZATION OF IRREGULAR WARFARE TECHNICAL SUPPORT DIRECTORATE.(a) Deadline.Plan Required.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. Such plan shall include the following:(1) Specific actions to—(A) ensure adequate focus on rapid fielding of required capabilities;
(B)improve metrics and methods for tracking projects that have transitioned into programs of record; and
(C)minimize overlap with other research, development, and acquisition efforts.
(2)Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant.
(b)Deadline.Publication.Department of Defense Instruction Required.—Not later than 270 days after the date of the enactment of this Act, 135 STAT. 1914 the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to—(1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate;
(2)ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command;
(3)facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and
(4)address such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. SEC. 1072. ASSESSMENT OF REQUIREMENTS FOR AND MANAGEMENT OF ARMY THREE-DIMENSIONAL GEOSPATIAL DATA.(a) Consultation.Joint Assessments and Determinations.—The Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence and Security, and the Secretary of the Army, in consultation with other appropriate officials of the Department of Defense, shall jointly carry out each of the following:(1) An assessment of the requirements of the joint force with respect to three-dimensional geospatial data in order to achieve Combined Joint All-Domain Command and Control, including the use of such data for each of the following:(A) Training.
(B)Planning.
(C)Modeling and simulation.
(D)Mission rehearsal.
(E)Operations.
(F)Intelligence, including geolocation support to intelligence collection systems.
(G)Dynamic and precision targeting.
(H)After action reviews.
(2)Determination.A determination of whether three-dimensional geospatial data derived from Government sources, commercial sources, or both (referred to as “derivative three-dimensional geospatial data”) meets the accuracy, resolution, community sensor model compliance, and currency required for precision targeting.
(3)Determination.A determination of the optimum management, joint funding structure, and resources required for the collection, tasking, acquisition, production, storage, and consumption of three-dimensional geospatial data, including a consideration of—(A) designating the Army as the Executive Agent for warfighter collection, production, and consumption of three-dimensional geospatial content at the point-of-need;
(B)designating the National Geospatial Intelligence Agency, in its role as the Geospatial Intelligence Functional 135 STAT. 1915 Manager, as the Executive Agent for quality assessment, testing, evaluation, validation, and enterprise storage and retrieval of derivative three-dimensional geospatial data;
(C)existing governance structures across the Department of Defense and the National Geospatial Intelligence Agency for the procurement and production of three-dimensional geospatial data and the development of tools and plans, from either commercial or Government sources; and
(D)identifying potential commercial and Government capabilities that could be established as a three-dimensional geospatial intelligence program of record.
(b)Determination.Army Management Considerations.—If the Vice Chairman, the Under Secretary, and the Secretary of the Army determine that the Army should serve as the Executive Agent for Department of Defense three-dimensional geospatial data, the Secretary shall determine the respective roles within the Army.
(c)Additional Army Determinations.—The Secretary of the Army shall determine whether operational use of the Integrated Visual Augmentation System and Army intelligence and mission command systems require three-dimensional geospatial data for assigned operational missions, including targeting.
(d)Deadline.Briefing Required.—Not later than 180 days after the date of the enactment of this Act, the Vice Chairman, the Under Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide to the congressional defense committees a briefing on such assessments and determinations. SEC. 1073. REQUIRED REVIEW OF DEPARTMENT OF DEFENSE UNMANNED AIRCRAFT SYSTEMS CATEGORIZATION.(a) In General.—The Under Secretary of Defense for Acquisition and Sustainment shall initiate a process—(1) to review the system used by the Department of Defense for categorizing unmanned aircraft systems, as described in Joint Publication 3–30 titled “Joint Air Operations”; and
(2)Determination.to determine whether modifications should be made in the Department of Defense grouping of unmanned aerial systems into five broad categories, as in effect on the date of the enactment of this Act.
(b)Required Elements for Revision.—If the Under Secretary determines under subsection
(a)that the characteristics associated with any of the five categories of unmanned aircraft systems should be revised, the Under Secretary shall consider the effect a revision would have on—(1) the future capability and employment needs to support current and emerging warfighting concepts;
(2)advanced systems and technologies available in the current commercial marketplace;
(3)the rapid fielding of unmanned aircraft systems technology; and
(4)the integration of unmanned aircraft systems into the National Airspace System.
(c)Consultation Requirements.—In carrying out the review required under subsection (a), the Under Secretary shall consult with—(1) the Secretary of each of the military departments;
(2)the Chairman of the Joint Chiefs of Staff;135 STAT. 1916
(3)the Secretary of State; and
(4)the Administrator of the Federal Aviation Administration.
(d)Report Required.—Not later than October 1, 2022, the Under Secretary shall submit to the congressional defense committees, the Committee on Transportation and Infrastructure and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate a report that includes a description of—(1) the results of the review initiated under subsection (a);
(2)any revisions planned to the system used by the Department of Defense for categorizing unmanned aircraft systems as a result of such review;
(3)the costs and benefits of any planned revisions; and
(4)a proposed implementation plan and timelines for such revisions. SEC. 1074. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION PLAN.(a) Time period.Classified information.In General.—Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation.
(b)Report.—Each report required by subsection
(a)shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided.
(c)Briefing.—Each briefing required by subsection
(a)shall include the following:(1) Summary.A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications.
(2)A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year.
(3)A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date. SEC. 1075. REPORT ON WORLD WAR I AND KOREAN WAR ERA SUPERFUND FACILITIES.(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on active Superfund facilities where a hazardous substance originated from Department of Defense activities occurring between the beginning of World War I and the end of the Korean War. Such report shall include a description of such Superfund facilities as well as any actions, planned actions, 135 STAT. 1917 communication with communities, and cooperation with relevant agencies, including the Environmental Protection Agency, carried out or planned to be carried out by the Department of Defense.
(b)Definition.Superfund Facility.—In this section, the term “**Superfund facility**” means a facility included on the National Priorities List pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9605](/us/usc/t42/s9605)). SEC. 1076. REPORT ON IMPLEMENTATION OF IRREGULAR WARFARE STRATEGY.(a) Time period.Report.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and programs of the Department of Defense to implement the irregular warfare strategy consistent with the 2019 Irregular Warfare Annex to the National Defense Strategy, as amended by any subsequent national defense strategy.
(b)Assessment.Elements of Report.—Each report required by subsection
(a)shall include the following elements for the year covered by the report:(1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular warfare and maintain a baseline of capabilities and expertise in irregular warfare in both conventional and special operations forces, including efforts to—(A) institutionalize irregular warfare in force development and design;
(B)transform the approach of the Department of Defense to prioritize investments in, and development of, human capital for irregular warfare;
(C)ensure an approach to irregular warfare that is agile, efficient, and effective by investing and developing capabilities in a cost-informed and resource-sustainable manner; and
(D)integrate irregular warfare approaches into operational plans and warfighting concepts for competition, crisis, and conflict.
(2)A description and assessment of efforts to operationalize the approach of the Department of Defense to irregular warfare to meet the full range of challenges posed by adversaries and competitors, including efforts to—(A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies;
(B)adopt a resource-sustainable approach to countering violent extremist organizations and consolidating gains against the enduring threat from these organizations;
(C)improve the ability of the Department of Defense to understand and operate within the networked, contested, and multi-domain environment in which adversaries and competitors operate;
(D)foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, and the conduct of operations; and135 STAT. 1918
(E)expand networks of allies and partners, including for the purpose of increasing the ability and willingness of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives.
(3)A description of—(A) the status of the plan required to be produced by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Chairman of the Joint Chiefs of Staff, in coordination with the combatant commands and the Secretaries of the military departments, to implement the objectives described in the 2019 Irregular Warfare Annex to the National Defense Strategy; and
(B)the efforts by the relevant components of the Department of Defense to expeditiously implement such plan, including the allocation of resources to implement the plan.
(4)An assessment by the Secretary of Defense of the resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency for the Joint Forces.
(c)Form.—The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified annex. SEC. 1077. STUDY ON PROVIDING END-TO-END ELECTRONIC VOTING SERVICES FOR ABSENT UNIFORMED SERVICES VOTERS IN LOCATIONS WITH LIMITED OR IMMATURE POSTAL SERVICE.(a) Consultation.Study.—In consultation with the Chief Information Officer of the Department of Defense, the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act ([52 U.S.C. 20301 et seq.](/us/usc/t52/s20301/etseq)) shall conduct a study on providing end-to-end electronic voting services (including services for registering to vote, requesting an electronic ballot, completing the ballot, and returning the ballot) in participating States for absent uniformed services voters under such Act who are deployed or mobilized to locations with limited or immature postal service (as determined by the Presidential designee).
(b)Specifications.—In conducting the study under subsection (a), the Presidential designee shall include—(1) methods that would ensure voters have the opportunity to verify that their ballots are received and tabulated correctly by the appropriate State and local election officials;
(2)methods that would generate a verifiable and auditable vote trail for the purposes of any recount or audit conducted with respect to an election;
(3)Plan.a plan of action and milestones on steps that would need to be achieved prior to implementing end-to-end electronic voting services for absentee uniformed services voters;
(4)Assessment.an assessment of whether commercially available technologies may be used to carry out any of the elements of the plan; and
(5)Assessment.an assessment of the resources needed to implement the plan of action and milestones referred to in paragraph (3).
(c)Consultation With State and Local Election Officials.—The Presidential designee shall conduct the study under 135 STAT. 1919 subsection
(a)in consultation with appropriate State and local election officials.
(d)Determination.Analysis.Use of Contractors.—To the extent the Presidential designee determines to be appropriate, the Presidential designee may include in the study conducted under subsection
(a)an analysis of the potential use of contractors to provide voting services and how such contractors could be used to carry out the elements of the plan referred to in subsection (b)(3).
(e)Briefing; Report.—(1) Deadline.Briefing.—Not later than 180 days after the date of the enactment of this Act, the Presidential designee shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim results of the study conducted under subsection (a).
(2)Report.—Not later than one year after the date of the enactment of this Act, the Presidential designee shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the results of the study conducted under subsection (a). SEC. 1078. REPORT ON AIR FORCE STRATEGY FOR ACQUISITION OF COMBAT RESCUE AIRCRAFT AND EQUIPMENT. Not later than June 1, 2022, the Secretary of the Air Force shall submit to the congressional defense committees a report containing—(1) a strategy for the acquisition of combat rescue aircraft and equipment that aligns with the stated capability and capacity requirements of the Air Force; and
(2)Analysis.an analysis of how such strategy meets the requirements of the national defense strategy required under [section 113(g) of title 10, United States Code](/us/usc/t10/s113/g). Subtitle G—Other Matters SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.(a) [Title 10, United States Code](/us/usc/t10).—[Title 10, United States Code](/us/usc/t10), is amended as follows:(1) The table of chapters at the beginning of part I of subtitle A[10 USC ](/us/usc/t10)prec. 101. is amended by striking the item relating to the second chapter 19 (relating to cyber matters).
(2)[10 USC ](/us/usc/t10)prec. 111.The table of sections at the beginning of chapter 2 is amended by striking the item relating to section 118 and inserting the following new item:" “118. Materiel readiness metrics and objectives for major weapon systems.”. "
(3)The second section 118a, as added by section 341 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is redesignated as section 118b, and the table of sections at the beginning of chapter 2 of such title[10 USC ](/us/usc/t10)prec. 111. is conformed accordingly.
(4)Section 138(b)(2)(A)(i) is amended by striking the semicolon.
(5)Section 196(d) is amended by striking “,,” and inserting “,”.
(6)Section 231a(e)(2) is amended by striking “include the following,” and inserting “include”.135 STAT. 1920
(7)Section 240b(b)(1)(B)(xiii) is amended by striking “An” and inserting “A”.
(8)Section 240g(a)(3) is amended by striking “; and” and inserting “;”.
(9)Section 393(b)(2)(D) is amended by inserting a period at the end.
(10)Section 483(f)(3) is amended by inserting “this” before “title”.
(11)Section 651(a) is amended by inserting a comma after “3806(d)(1))”.
(12)[10 USC ](/us/usc/t10)prec. 671.The table of sections at the beginning of chapter 39 is amended by adding a period at the end of the item relating to section 691.
(13)Section 823(a)(2) (article 23(a)(2) of the Uniform Code of Military Justice) is amended by inserting a comma after “Army”.
(14)Section 856(b) (article 56(b) of the Uniform Code of Military Justice) is amended by striking “subsection
(d)of section 853a” and inserting “subsection
(c)of section 853a”.
(15)Section 1044e(g) is amended by striking “number of Special Victims’ Counsel” and inserting “number of Special Victims’ Counsels”.
(16)[10 USC ](/us/usc/t10)prec. 1061.The table of sections at the beginning of chapter 54 is amended by striking the item relating to section 1065 and inserting the following new item:" “1065. Use of commissary stores and MWR facilities: certain veterans, caregivers for veterans, and Foreign Service officers.”. "
(17)Section 1463(a)(4) is amended by striking “that that” and inserting “that”.
(18)Section 1465(b)(2) is amended by striking “the the” and inserting “the”.
(19)Section 1466(a) is amended, in the matter preceding paragraph (1), by striking “Coast guard” and inserting “Coast Guard”.
(20)Section 1554a(g)(2) is amended by striking “..” and inserting “.”.
(21)Section 1599h is amended—(A) in subsection (a), by redesignating the second paragraph
(7)and paragraph
(8)as paragraphs
(8)and (9), respectively; and
(B)in subsection (b)(1), by redesignating the second subparagraph
(G)and subparagraph
(H)as subparagraphs
(H)and (I), respectively.
(22)Section 1705(a) is amended by striking “a fund” and inserting “an account”.
(23)Section 1722a(a) is amended by striking “,,” and inserting “,”.
(24)Section 1788a(e) is amended—(A) in paragraph (3), by striking “section 167(i)” and inserting “section 167(j)”;
(B)in paragraph (4), by striking “covered personnel” and inserting “covered individuals”; and
(C)in paragraph (5), in the matter preceding subparagraph (A), by striking “ ‘covered personnel’ ” and inserting “ ‘covered individuals’ ”.135 STAT. 1921
(25)The table of chapters at the beginning of part III of subtitle A[10 USC ](/us/usc/t10)prec. 2001. is amended, in the item relating to chapter 113, by striking the period after “2200g”.
(26)Section 2107(a) is amended by striking “or Space Force”.
(27)Section 2279b(b) is amended by redesignating the second paragraph
(11)as paragraph (12).
(28)Section 2321(f) is amended by striking “the item” both places it appears and inserting “the commercial product”.
(29)The second section 2350m (relating to execution of projects under the North Atlantic Treaty Organization Security Investment Program), as added by section 2503 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[10 USC ](/us/usc/t10)prec. 2350a., is redesignated as section 2350q and the table of sections at the beginning of subchapter II of chapter 138 is conformed accordingly.
(30)Section 2534(a) is amended—(A) in paragraph (3), by striking “subsection (j)” and inserting “subsection (k)”; and
(B)in paragraph (5), by striking “principle” and inserting “principal”.
(31)Section 2891a(e)(1) is amended by striking “the any” and inserting “the”.
(32)The table of sections at the beginning of chapter 87110 USCprec. 8742. is amended—(A) by striking the item relating to section 8749 and inserting the following new item:" “8749. Civil service mariners of Military Sealift Command: release of drug and alcohol test results to Coast Guard.”; and "
(B)by striking the item relating to section 8749a and inserting the following new item:" “8749a. Civil service mariners of Military Sealift Command: alcohol testing.”. "
(33)The second section 9084, as added by section 1601 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is transferred to appear after section 9085 and redesignated as section 9086, and the table of sections at the beginning of chapter 908 of such title[10 USC ](/us/usc/t10)prec. 9081. is conformed accordingly.
(34)The second section 9132 (relating to Regular Air Force and Regular Space Force: reenlistment after service as an officer) is redesignated as section 9138 (and the table of sections at the beginning of chapter 91310 USCprec. 9131. is conformed accordingly).
(35)The section heading for section 9401 [10 USC ](/us/usc/t10)prec. 9401.is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly):"“§ 9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals” ".
(36)The section heading for section 940210 USCprec. 9401. is amended to read as follows (and the table of sections at the beginning of chapter 951 is conformed accordingly):135 STAT. 1922 "“§ 9402. Enlisted members of Air Force or Space Force: schools” ".
(37)Section 9840 is amended in the second sentence by striking “He” and inserting “The officer”.
(b)Effective date.NDAA for Fiscal Year 2021.—Effective as of January 1, 2021, and as if included therein as enacted, section 1 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3388](/us/stat/134/3388). is amended—(1) by inserting “(a) In General.—” before “This Act”; and
(2)by adding at the end the following:"“(b) [10 USC 101 note](/us/usc/t10/s101).References.—Any reference in this or any other Act to the ‘National Defense Authorization Act for Fiscal Year 2021’ shall be deemed to be a reference to the ‘William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021’.” ".
(c)Effective date.NDAA for Fiscal Year 2020.—Effective as of December 20, 2019, and as if included therein as enacted, section 1739(a) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92))[50 USC 4027](/us/usc/t50/s4027) and note. is amended by striking “VI” and inserting “VII”.
(d)[10 USC 101 note](/us/usc/t10/s101).Coordination With Other Amendments Made by This Act.—For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act. SEC. 1082. MODIFICATION TO REGIONAL CENTERS FOR SECURITY STUDIES.(a) In General.—[Section 342(b)(2) of title 10, United States Code](/us/usc/t10/s342/b/2), is amended by adding at the end the following new subparagraph:"“(F) The Ted Stevens Center for Arctic Security Studies, established in 2021 and located in Anchorage, Alaska.” ".
(b)Acceptance of Gifts and Donations.—[Section 2611(a)(2) of title 10, United States Code](/us/usc/t10/s2611/a/2), is amended by adding at the end the following new subparagraph:"“(F) The Ted Stevens Center for Arctic Security Studies.” ". SEC. 1083. IMPROVEMENT OF TRANSPARENCY AND CONGRESSIONAL OVERSIGHT OF CIVIL RESERVE AIR FLEET.(a) Definitions.—(1) Secretary.—Paragraph
(10)of [section 9511 of title 10, United States Code](/us/usc/t10/s9511), is amended to read as follows:"“(10) The term ‘**Secretary**’ means the Secretary of Defense.” ".
(2)Conforming amendments.—[Chapter 961 of title 10, United States Code](/us/usc/t10/ch961), as amended by paragraph (1), is further amended—(A) in section 9511a by striking “Secretary of Defense” each place it appears and inserting “Secretary”;
(B)in section 9512(e), by striking “Secretary of Defense” and inserting “Secretary”; and
(C)in section 9515, by striking “Secretary of Defense” each place it appears and inserting “Secretary”.
(b)Annual Report on Civil Reserve Air Fleet.—[Section 9516 of title 10, United States Code](/us/usc/t10/s9516), is amended—(1) in subsection (d), by striking “When the Secretary” and inserting “Subject to subsection (e), when the Secretary”;135 STAT. 1923
(2)by redesignating subsection
(e)as subsection (f); and
(3)by inserting after subsection
(d)the following new subsection:"“(e) Annual Report.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—“(1) identifies each contract for airlift services awarded in the preceding fiscal year to a provider that does not meet the requirements set forth in subparagraphs
(A)and
(B)of subsection (a)(1); and “(2) for each such contract—“(A) specifies the dollar value of the award; and “(B) provides a detailed explanation of the reasons for the award.” ".
(c)Technical Amendments.—(1) In general.—[Chapter 961 of title 10, United States Code](/us/usc/t10/ch961), as amended by subsections
(a)and (b), is further amended—(A) by redesignating sections 9511a and 9512 as sections 9512 and 9513, respectively;
(B)in section 9511, by striking “section 9512” each place it appears and inserting “section 9513”; and
(C)in section 9514, by redesignating subsection
(g)as subsection (f).
(2)Clerical amendment.—The table of sections at the beginning of such chapter10 USCprec. 9511. is amended by striking the items relating to sections 9511a and 9512 and inserting the following new items:" “9512. Civil Reserve Air Fleet contracts: payment rate. “9513. Contracts for the inclusion or incorporation of defense features.”. "
(d)Charter Air Transportation of Members of the Armed Forces or Cargo.—(1) In general.—[Section 2640 of title 10, United States Code](/us/usc/t10/s2640), is amended—(A) in the section heading, by inserting “**or cargo**” after “**armed forces**”;
(B)in subsection (a)(1), by inserting “or cargo” after “members of the armed forces”;
(C)in subsection (b), by inserting “or cargo” after “members of the armed forces”;
(D)in subsection (d)(1), by inserting “or cargo” after “members of the armed forces”;
(E)in subsection (e)—(i) by inserting “or cargo” after “members of the armed forces”; and
(ii)by inserting “or cargo” before the period at the end;
(F)in subsection (f), by inserting “or cargo” after “members of the armed forces”; and
(G)in subsection (j)(1), by inserting “ ‘cargo’,” after “ ‘air transportation’,”.
(2)Clerical amendment.—The table of sections at the beginning of [chapter 157 of title 10, United States Code](/us/usc/t10/ch157)10 USCprec. 2631., is amended by striking the item relating to section 2640 and inserting the following new item:" “2640. Charter air transportation of members of the armed forces or cargo.”. "135 STAT. 1924 SEC. 1084. OBSERVANCE OF NATIONAL ATOMIC VETERANS DAY.(a) In General.—[Chapter 1 of title 36, United States Code](/us/usc/t36/ch1), is amended by adding at the end the following new section:"“§ 146.[36 USC 146](/us/usc/t36/s146). National Atomic Veterans Day President.“The President shall issue each year a proclamation calling on the people of the United States to—“(1) observe Atomic Veterans Day with appropriate ceremonies and activities; and “(2) remember and honor the atomic veterans of the United States whose brave service and sacrifice played an important role in the defense of the Nation.” ".
(b)Clerical Amendment.—The table of sections at the beginning of such chapter36 USCprec. 101. is amended by adding at the end the following new item:" “146. National Atomic Veterans Day.”. " SEC. 1085. Deadline.UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT EVACUATION OPERATIONS. Not later than July 1, 2022, the Chairman of the Joint Chiefs of Staff shall update Joint Publication 3-68: Noncombatant Evacuation Operations. SEC. 1086. California.Historic preservation.NATIONAL MUSEUM OF THE SURFACE NAVY.(a) Designation.—The Battleship IOWA Museum, located in Los Angeles, California, and managed by the Pacific Battleship Center, shall be designated as the “National Museum of the Surface Navy”.
(b)Purposes.—The purposes of the National Museum of the Surface Navy shall be to—(1) provide and support—(A) a museum dedicated to the United States Surface Navy community; and
(B)a platform for education, community, and veterans programs;
(2)preserve, maintain, and interpret artifacts, documents, images, stories, and history collected by the museum; and
(3)ensure that the people of the United States understand the importance of the Surface Navy in the continued freedom, safety, and security of the United States. SEC. 1087. [40 USC 8903 note](/us/usc/t40/s8903).AUTHORIZATION FOR MEMORIAL FOR MEMBERS OF THE ARMED FORCES KILLED IN ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT. The Secretary of Defense may establish a commemorative work on Federal land owned by the Department of Defense in the District of Columbia and its environs to commemorate the 13 members of the Armed Forces who died in the bombing attack on Hamid Karzai International Airport, Kabul, Afghanistan, on August 26, 2021. SEC. 1088. [10 USC 991 note](/us/usc/t10/s991).TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN.(a) Sense of Congress.—It is the sense of Congress that—(1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and
(2)this information is valuable and must be appropriately retained.135 STAT. 1925
(b)Operational Data.—The Secretary of Defense shall—(1) Records.archive and standardize operational data from Afghanistan across the myriad of defense information systems; and
(2)ensure the Afghanistan operational data is structured, searchable, and usable across the joint force.
(c)Deadline.Briefing.—Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address the manner in which the Department of Defense—(1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and
(2)ensuring access to such data across the joint force. SEC. 1089. [10 USC 131 note](/us/usc/t10/s131).RESPONSIBILITIES FOR NATIONAL MOBILIZATION; PERSONNEL REQUIREMENTS.(a) Designation.Executive Agent for National Mobilization.—The Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for—(1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the Military Selective Service Act ([50 U.S.C. 3801 et seq.](/us/usc/t50/s3801/etseq));
(2)providing Congress and the Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the Military Selective Service Act for training and service in the Armed Forces; and
(3)providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency.
(b)Deadline.Plan.Report Required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the Military Selective Service Act. The plan may be provided in classified form. SEC. 1090. [10 USC 113 note](/us/usc/t10/s113).INDEPENDENT ASSESSMENT WITH RESPECT TO ARCTIC REGION.(a) Independent Assessment.—(1) Deadline.Consultation.Coordination.Time period.In general.—Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Northern Command, in consultation and coordination 135 STAT. 1926 with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall complete an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives:(A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region.
(B)The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region.
(C)The reduction of the risk of executing operation and contingency plans of the Department of Defense.
(D)To maximize execution of Department operation and contingency plans, in the event deterrence fails.
(2)Elements.—The assessment required by paragraph
(1)shall include the following:(A) Analysis.Reviews.An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by—(i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider—(I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region;
(II)use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine;
(III)supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units;
(ii)a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command;
(iii)an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and
(iv)any other matter the Commander of the United States Northern Command considers appropriate.
(B)A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis.
(C)An assessment of capabilities requirements to achieve such objectives.135 STAT. 1927
(D)An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives.
(E)An assessment and identification of required infrastructure and military construction investments to achieve such objectives.
(3)Report.—(A) In general.—Upon completion of the assessment required by paragraph (1), the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment.
(B)Deadline.Submittal to congress.—Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall provide to the congressional defense committees—(i) Records.a copy of the report, in its entirety; and
(ii)Analysis.any additional analysis or information, as the Secretary considers appropriate.
(C)Form.—The report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary.
(b)Arctic Security Initiative.—(1) Plan.—(A) Deadline.Briefing.In general.—Not later than 30 days after the date on which the Secretary receives the report under subsection (a)(3)(A), the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out a program of activities to enhance security in the Arctic region.
(B)Objectives.—The plan required by subparagraph
(A)shall be—(i) consistent with the objectives described in paragraph
(1)of subsection (a); and
(ii)informed by the assessment required by that paragraph.
(C)Activities.—The plan shall include, as necessary, the following prioritized activities to improve the design and posture of the joint force in the Arctic region:(i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities.
(ii)Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel.
(iii)Conduct exercises, wargames, education, training, experimentation, and innovation for the joint force.
(iv)Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces.
(2)Establishment.—(A) Deadline.In general.—Not earlier than 30 days after the submittal of the plan required by paragraph (1), the Secretary may establish a program of activities to enhance security in the Arctic region, to be known as the “Arctic Security Initiative” (in this paragraph referred to as the “Initiative”).135 STAT. 1928
(B)Five-year plan for the initiative.—(i) Consultation.In general.—If the Initiative is established, the Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following:(I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C).
(II)Summary.A summary of progress made toward achieving the objectives described in subsection (a)(1).
(III)Summary.A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in—(aa) active and passive defenses against—(AA) manned aircraft, surface vessels, and submarines;
(BB)unmanned naval systems;
(CC)unmanned aerial systems; and
(DD)theater cruise, ballistic, and hypersonic missiles;
(bb)advanced long-range precision strike systems;
(cc)command, control, communications, computers, intelligence, surveillance, and reconnaissance systems;
(dd)training and test range capacity, capability, and coordination;
(ee)dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts;
(ff)advanced critical munitions;
(gg)pre-positioned forward stocks of fuel, munitions, equipment, and materiel;
(hh)distributed logistics and maintenance capabilities;
(ii)strategic mobility assets, including icebreakers;
(jj)improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and
(kk)information operations capabilities.
(IV)Timeline.A detailed timeline for achieving the requirements identified under subclause (III).
(V)A detailed explanation of any significant modification to such requirements, as compared to—135 STAT. 1929(aa) the assessment required by subsection (a)(1) for the first fiscal year; and
(bb)the plans previously submitted for each subsequent fiscal year.
(VI)Any other matter the Secretary considers necessary.
(ii)Form.—A plan under clause
(i)shall be submitted in unclassified form, but may include a classified annex. SEC. 1091. NATIONAL SECURITY COMMISSION ON EMERGING BIOTECHNOLOGY.(a) Establishment.—(1) In general.—There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the “National Security Commission on Emerging Biotechnology” (in this section referred to as the “Commission”).
(2)Date of establishment.—The date of establishment referred to in paragraph
(1)is 30 days after the date of the enactment of this Act.
(b)Membership.—(1) Number and appointment.—The Commission shall be composed of 12 members appointed as follows:(A) Two members appointed by the Chair of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not.
(B)Two members appointed by the ranking minority member of the Committee on Armed Services of the Senate, one of whom is a Member of the Senate and one of whom is not.
(C)Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not.
(D)Two members appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives, one of whom is a Member of the House of Representatives and one of whom is not.
(E)One member appointed by the Speaker of the House of Representatives.
(F)One member appointed by the Minority Leader of the House of Representatives.
(G)One member appointed by the Majority Leader of the Senate.
(H)One member appointed by the Minority Leader of the Senate.
(2)Deadline for appointment.—Members shall be appointed to the Commission under paragraph
(1)not later than 45 days after the Commission establishment date specified under subsection (a)(2).
(3)Effect of lack of appointment by appointment dateExpiration date..—If one or more appointments under paragraph
(1)is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall 135 STAT. 1930 be reduced by the number equal to the number of appointments so not made.
(4)Qualifications.—The members of the Commission who are not members of Congress and who are appointed under subsection (b)(1) shall be individuals from private civilian life who are recognized experts and have relevant professional experience in matters relating to—(A) emerging biotechnology and associated technologies;
(B)use of emerging biotechnology and associated technologies by national policy makers and military leaders; or
(C)the implementation, funding, or oversight of the national security policies of the United States.
(c)Chair and Vice Chair.—(1) Chair.—The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission.
(2)Vice chair.—The ranking minority member of the Committee on Armed Services of the Senate and the ranking minority member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission.
(d)Period of Appointment and Vacancies.—Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made.
(e)Purpose.—The purpose of the Commission is to examine and make recommendations with respect to emerging biotechnology as it pertains to current and future missions and activities of the Department of Defense.
(f)Scope and Duties.—(1) In general.—The Commission shall carry out a review of advances in emerging biotechnology and associated technologies. In carrying out such review, the Commission shall consider the methods, means, and investments necessary to advance and secure the development of biotechnology, biomanufacturing, and associated technologies by the United States to comprehensively address the national security and defense needs of the United States.
(2)Scope of the review.—In conducting the review described in this subsection, the Commission shall consider the following:(A) The global competitiveness of the United States in biotechnology, biomanufacturing, and associated technologies, including matters related to national security, defense, public-private partnerships, and investments.
(B)Means, methods, and investments for the United States to maintain and protect a technological advantage in biotechnology, biomanufacturing, and associated technologies related to national security and defense.
(C)Developments and trends in international cooperation and competitiveness, including foreign investments in 135 STAT. 1931 biotechnology, biomanufacturing, and associated technologies that are scientifically and materially related to national security and defense.
(D)Means by which to foster greater emphasis and investments in basic and advanced research to stimulate government, industry, academic and combined initiatives in biotechnology, biomanufacturing, and associated technologies, to the extent that such efforts have application scientifically and materially related to national security and defense.
(E)Means by which to foster greater emphasis and investments in advanced development and test and evaluation of biotechnology-enabled capabilities to stimulate the growth of the United States bioeconomy and commercial industry, while also supporting and improving acquisition and adoption of biotechnologies for national security purposes.
(F)Workforce and education incentives and programs to attract, recruit, and retain leading talent in fields relevant to the development and sustainment of biotechnology and biomanufacturing, including science, technology, engineering, data science and bioinformatics, and biology and related disciplines.
(G)Risks and threats associated with advances in military employment of biotechnology and biomanufacturing.
(H)Associated ethical, legal, social, and environmental considerations related to biotechnology, biomanufacturing, and associated technologies as it will be used for future applications related to national security and defense.
(I)Means to establish international standards for the tools of biotechnology, biomanufacturing, related cybersecurity, and digital biosecurity.
(J)Means to establish data sharing capabilities within and amongst government, industry, and academia to foster collaboration and accelerate innovation, while maintaining privacy and security for data as required for national security and personal protection purposes.
(K)Consideration of the transformative potential and rapidly-changing developments of biotechnology and biomanufacturing innovation and appropriate mechanisms for managing such technology related to national security and defense.
(L)Any other matters the Commission deems relevant to national security.
(g)Commission Report and Recommendations.—(1) Final report.—Not later than 2 years after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government.
(2)Interim report.—Not later than 1 year after the Commission establishment date specified in subsection (a)(2), the Commission shall submit to the congressional defense committees and the President an interim report on the status 135 STAT. 1932 of the Commission’s review and assessment, including a discussion of any interim recommendations.
(3)Form.—The report submitted to Congress under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex.
(h)Government Cooperation.—(1) Cooperation.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense and other Federal departments and agencies in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(2)Designation.Liaison.—The Secretary of Defense shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.
(3)Detailees authorized.—The Secretary of Defense and the heads of other departments and agencies of the Federal Government may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense and such other departments and agencies, without reimbursement.
(4)Facilitation.—(A) Deadline.Independent, nongovernment institute.—Not later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense may make available to the Commission the services of an independent, nongovernmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section.
(B)Federally funded research and development center.—On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section.
(5)Expedition of security clearances.—The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances under processes developed for the clearance of legislative branch employees for any personnel appointed to the Commission by their respective offices of the Senate and House of Representatives and any personnel appointed by the Executive Director appointed under subsection (i).
(6)Services.—(A) DOD services.—The Secretary of Defense may provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section.
(B)Other agencies.—In addition to any support provided under paragraph (1), the heads of other Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support 135 STAT. 1933 as the heads of such departments and agencies determine advisable and as may be authorized by law.
(i)Staff.—(1) Status as federal employees.—Notwithstanding the requirements of [section 2105 of title 5, United States Code](/us/usc/t5/s2105), including the required supervision under subsection (a)(3) of such section, any member of the Commission who is not a Member of Congress shall be considered to be a Federal employee.
(2)Appointment.Executive director.—The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(3)Pay.—The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(j)Personal Services.—(1) Authority to procure.—The Commission may—(A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of [section 3109 of title 5, United States Code](/us/usc/t5/s3109); and
(B)pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations.
(2)Maximum daily pay rates.—The daily rate paid an expert or consultant procured pursuant to paragraph
(1)may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315).
(k)Authority to Accept Gifts.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from nonfederal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided.Compliance. Subject to the authority in this section, members of the Commission shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and House of Representatives.
(l)Legislative Advisory Committee.—The Commission shall operate as a legislative advisory committee.
(m)Contracting Authority.—The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available.
(n)Use of Government Information.—The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission.135 STAT. 1934
(o)Postal Services.—The Commission may use the United States mail in the same manner and under the same conditions as Federal departments and agencies.
(p)Deadline.Consultation.Space for Use of Commission.—Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available.
(q)Removal of Members.—A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made.
(r)Termination.—The Commission shall terminate 18 months after the date on which it submits the final report required by subsection (g). SEC. 1092. QUARTERLY SECURITY BRIEFINGS ON AFGHANISTAN.(a) Deadline.Time period.Consultation.Classified information.In General.—Not later than January 15, 2022, and every 90 days thereafter through December 31, 2025, the Under Secretary of Defense for Policy, in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees an unclassified and classified briefing on the security situation in Afghanistan and ongoing Department of Defense efforts to counter terrorist groups in Afghanistan.
(b)Assessment.Elements.—Each briefing required by subsection
(a)shall include an assessment of each of the following:(1) The security situation in Afghanistan.
(2)The disposition of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, including the respective sizes and geographic areas of control of each such group.
(3)The international terrorism ambitions and capabilities of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, and the extent to which each such group poses a threat to the United States and its allies.
(4)The capability and willingness of the Taliban to counter the Islamic State of Khorasan.
(5)The capability and willingness of the Taliban to counter al-Qaeda.
(6)Time period.The extent to which the Taliban have targeted, and continue to target, Afghan nationals who assisted the United States and coalition forces during the United States military operations in Afghanistan between 2001 and 2021.
(7)Basing, overflight, or other cooperative arrangements between the United States and regional partners as part of the over-the-horizon counterterrorism posture for Afghanistan.
(8)The capability and effectiveness of the over-the-horizon counterterrorism posture of the United States for Afghanistan.135 STAT. 1935
(9)The disposition of United States forces in the area of operations of United States Central Command, including the force posture and associated capabilities to conduct operations in Afghanistan.
(10)The activities of regional actors as they relate to promoting stability and countering threats from terrorist groups in Afghanistan, including—(A) military operations conducted by foreign countries in the region as such operations relate to Afghanistan;
(B)the capabilities of the militaries of foreign countries to execute operations in Afghanistan; and
(C)the relationships between the militaries of foreign countries and the Taliban or foreign terrorist organizations inside Afghanistan.
(11)Any other matter the Under Secretary considers appropriate. SEC. 1093. TRANSITION OF FUNDING FOR NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.(a) Plan Required.—(1) Deadline.In general.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to transition the funding of non-conventional assisted recovery capabilities from the authority provided under section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4578](/us/stat/122/4578)) to the authority provided under [section 127f of title 10, United States Code](/us/usc/t10/s127f).
(2)Elements.—The plan required by paragraph
(1)shall include the following:(A) An identification of the non-conventional assisted recovery capabilities to be transitioned to the authority provided by such section 127f.
(B)An identification of any legislative changes to such section 127f necessary to accommodate the transition of capabilities currently funded under such section 943.
(C)A description of the manner in which the Secretary plans to ensure appropriate transparency of activities for non-conventional assisted recovery capabilities, and related funding, in the annual report required under subsection
(e)of such section 127f.
(D)Any other matter the Secretary considers relevant.
(b)Modification of Authority for Expenditure of Funds for Clandestine Activities That Support Operational Preparation of the Environment.—[Section 127f of title 10, United States Code](/us/usc/t10/s127f), is amended by adding at the end the following new subsection:"“(f) Non-Conventional Assisted Recovery Capabilities.—Funding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section may only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission.” ". SEC. 1094. Afghanistan War Commission Actof 2021.AFGHANISTAN WAR COMMISSION ACT OF 2021.(a) Short Title.—This section may be cited as the “Afghanistan War Commission Act of 2021”.
(b)Definitions.—In this section:135 STAT. 1936(1) Time period.The term “**applicable period**” means the period beginning June 1, 2001, and ending August 30, 2021.
(2)The term “**appropriate congressional committees**” means—(A) the Committee on Armed Services of the Senate;
(B)the Committee on Foreign Relations of the Senate;
(C)the Select Committee on Intelligence of the Senate;
(D)the Committee on Appropriations of the Senate;
(E)the Committee on Armed Services of the House of Representatives;
(F)the Committee on Foreign Affairs of the House of Representatives;
(G)the Permanent Select Committee on Intelligence of the House of Representatives; and
(H)the Committee on Appropriations of the House of Representatives.
(3)The term “**intelligence community**” has the meaning given that term in section 3(4) of the National Security Act of 1947 ([50 U.S.C. 3003(4)](/us/usc/t50/s3003/4)).
(c)Establishment of Commission.—(1) Establishment.—There is established in the legislative branch an independent commission to be known as the Afghanistan War Commission (in this section referred to as the “Commission”).
(2)Membership.—(A) Appointments.Composition.—The Commission shall be composed of 16 members of whom—(i) 1 shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
(ii)1 shall be appointed by the ranking member of the Committee on Armed Services of the Senate;
(iii)1 shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives;
(iv)1 shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives;
(v)1 shall be appointed by the Chairman of the Committee on Foreign Relations of the Senate;
(vi)1 shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate;
(vii)1 shall be appointed by the Chairman of the Committee on Foreign Affairs of the House of Representatives;
(viii)1 shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives;
(ix)1 shall be appointed by the Chairman of the Select Committee on Intelligence of the Senate;
(x)1 shall be appointed by the Vice Chairman of the Select Committee on Intelligence of the Senate.
(xi)1 shall be appointed by the Chairman of the Permanent Select Committee on Intelligence of the House of Representatives;
(xii)1 shall be appointed by the ranking member of the Permanent Select Committee on Intelligence of the House of Representatives;135 STAT. 1937
(xiii)1 shall be appointed by the Majority leader of the Senate;
(xiv)1 shall be appointed by the Minority leader of the Senate;
(xv)1 shall be appointed by the Speaker of the House of Representatives; and
(xvi)1 shall be appointed by the Minority Leader of the House of Representatives.
(B)Qualifications.—It is the sense of Congress that each member of the Commission appointed under subparagraph
(A)should—(i) have significant professional experience in national security, such as a position in—(I) the Department of Defense;
(II)the Department of State;
(III)the intelligence community;
(IV)the United States Agency for International Development; or
(V)an academic or scholarly institution; and
(ii)be eligible to receive the appropriate security clearance to effectively execute their duties.
(C)Prohibitions.—A member of the Commission appointed under subparagraph
(A)may not—(i) be a current member of Congress;
(ii)be a former member of Congress who served in Congress after January 3, 2001;
(iii)be a current or former registrant under the Foreign Agents Registration Act of 1938 ([22 U.S.C. 611 et seq.](/us/usc/t22/s611/etseq));
(iv)have previously investigated Afghanistan policy or the war in Afghanistan through employment in the office of a relevant inspector general;
(v)have been the sole owner or had a majority stake in a company that held any United States or coalition defense contract providing goods or services to activities by the United States Government or coalition in Afghanistan during the applicable period; or
(vi)have served, with direct involvement in actions by the United States Government in Afghanistan during the time the relevant official served, as—(I) a cabinet secretary or national security adviser to the President; or
(II)a four-star flag officer, Under Secretary, or more senior official in the Department of Defense or the Department of State.
(D)Date.—(i) Deadline.In general.—The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act.
(ii)Failure to make appointment.—If an appointment under subparagraph
(A)is not made by the appointment date specified in clause (i)—(I) Expiration date.the authority to make such appointment shall expire; and
(II)the number of members of the Commission shall be reduced by the number equal to the number of appointments not made.135 STAT. 1938
(3)Period of appointment; vacancies.—(A) In general.—A member of the Commission shall be appointed for the life of the Commission.
(B)Vacancies.—A vacancy in the Commission—(i) shall not affect the powers of the Commission; and
(ii)shall be filled in the same manner as the original appointment.
(4)Meetings.—(A) Deadline.Initial meeting.—Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission.
(B)Frequency.—The Commission shall meet at the call of the Co-Chairpersons.
(C)Quorum.—A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(5)Co-chairpersons.—Co-Chairpersons of the Commission shall be selected by the Leadership of the Senate and the House of Representatives as follows:(A) 1 Co-Chairperson selected by the Majority Leader of the Senate and the Speaker of the House of Representatives from the members of the Commission appointed by chairpersons of the appropriate congressional committees, the Majority Leader of the Senate, and the Speaker of the House of Representatives; and
(B)1 Co-Chairperson selected by the Minority Leader of the Senate and the Minority Leader of the House of Representatives from the members of the Commission appointed by the ranking members of the appropriate congressional committees, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives.
(d)Purpose of Commission.— The purpose of the Commission is—(1) to examine the key strategic, diplomatic, and operational decisions that pertain to the war in Afghanistan during the relevant period, including decisions, assessments, and events that preceded the war in Afghanistan; and
(2)to develop a series of lessons learned and recommendations for the way forward that will inform future decisions by Congress and policymakers throughout the United States Government.
(e)Duties of Commission.—(1) Study.—(A) In general.—The Commission shall conduct a thorough study of all matters relating to combat operations, reconstruction and security force assistance activities, intelligence activities, and diplomatic activities of the United States pertaining to the Afghanistan during the period beginning June 1, 2001, and ending August 30, 2021.
(B)Matters studied.—The matters studied by the Commission shall include—(i) for the time period specified under subparagraph (A)—135 STAT. 1939(I) the policy objectives of the United States Government, including—(aa) military objectives;
(bb)diplomatic objectives; and
(cc)development objectives;
(II)significant decisions made by the United States, including the development of options presented to policymakers;
(III)the efficacy of efforts by the United States Government in meeting the objectives described in clause (i), including an analysis of—(aa) military efforts;
(bb)diplomatic efforts;
(cc)development efforts; and
(dd)intelligence efforts; and
(IV)the efficacy of counterterrorism efforts against al Qaeda, the Islamic State Khorasan Province, and other foreign terrorist organizations in degrading the will and capabilities of such organizations—(aa) to mount external attacks against the United States or its allies and partners; or
(bb)to threaten stability in Afghanistan, neighboring countries, and the region;
(ii)the efficacy of metrics, measures of effectiveness, and milestones used to assess progress of diplomatic, military, and intelligence efforts;
(iii)the efficacy of interagency planning and execution process by the United States Government;
(iv)factors that led to the collapse of the Afghan National Defense Security Forces in 2021, including—(I) training and mentoring from the institutional to the tactical levels within the Afghan National Defense Security Forces;
(II)assessment methodologies, including any transition from different methodologies and the consistency of implementation and reporting;
(III)the determination of how to establish and develop the Afghan National Defense Security Forces, including the Afghan Air Force, and what determined the security cooperation model used to build such force;
(IV)reliance on technology and logistics support;
(V)corruption; and
(VI)reliance on warfighting enablers provided by the United States;
(v)the challenges of corruption across the entire spectrum of the Afghan Government and efficacy of counter-corruption efforts to include linkages to diplomatic lines of effort, linkages to foreign and security assistance, and assessment methodologies;
(vi)the efficacy of counter-narcotic efforts to include alternative livelihoods, eradication, interdiction, and education efforts;135 STAT. 1940
(vii)the role of countries neighboring Afghanistan in contributing to the stability or instability of Afghanistan;
(viii)varying diplomatic approaches between Presidential administrations;
(ix)the extent to which the intelligence community did or did not fail to provide sufficient warning about the probable outcomes of a withdrawal of coalition military personnel from Afghanistan, including as it relates to—(I) the capability and sustainability of the Afghanistan National Defense Security Forces;
(II)the sustainability of the Afghan central government, absent coalition support;
(III)the extent of Taliban control over Afghanistan over time with respect to geographic territory, population centers, governance, and influence; and
(IV)the likelihood of the Taliban regaining control of Afghanistan at various levels of United States and coalition support, including the withdrawal of most or all United States or coalition support;
(x)the extent to which intelligence products related to the state of the conflict in Afghanistan and the effectiveness of the Afghanistan National Defense Security Forces complied with intelligence community-wide analytic tradecraft standards and fully reflected the divergence of analytic views across the intelligence community;
(xi)an evaluation of whether any element of the United States Government inappropriately restricted access to data from elements of the intelligence community, Congress, or the Special Inspector General for Afghanistan Reconstruction (SIGAR) or any other oversight body such as other inspectors general or the Government Accountability Office, including through the use of overclassification; and
(xii)the extent to which public representations of the situation in Afghanistan before Congress by United States Government officials differed from the most recent formal assessment of the intelligence community at the time those representations were made.
(2)Report required.—(A) In general.—(i) Annual report.—(I) Recommenda-tions.In general.—Not later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission.
(II)Addenda.—Any member of the Commission may submit an addendum to a report required 135 STAT. 1941 under subclause
(I)setting forth the separate views of such member with respect to any matter considered by the Commission.
(III)Briefing.—On the date of the submission of each report, the Commission shall brief Congress.
(ii)Final report.—(I) Submission.—Not later than 3 years after the date of the initial meeting of the Commission, the Commission shall submit to Congress a report that contains a detailed statement of the findings, recommendations, and lessons learned endorsed by the Commission.
(II)Addenda.—Any member of the Commission may submit an addendum to the report required under subclause
(I)setting forth the separate views of such member with respect to any matter considered by the Commission.
(III)Extension.—The Commission may submit the report required under subclause
(I)at a date that is not more than 1 year later than the date specified in such clause if agreed to by the chairperson and ranking member of each of the appropriate congressional committees.
(B)Public information.Web posting.Form.—The report required by paragraph (1)(B) shall be submitted and publicly released on a Government website in unclassified form but may contain a classified annex.
(C)Subsequent reports on declassification.—(i) In general.—Not later than 4 years after the date that the report required by subparagraph (A)(ii) is submitted, each relevant agency of jurisdiction shall submit to the committee of jurisdiction a report on the efforts of such agency to declassify such annex.
(ii)Contents.—Each report required by clause
(i)shall include—(I) List.a list of the items in the classified annex that the agency is working to declassify at the time of the report and an estimate of the timeline for declassification of such items;
(II)a broad description of items in the annex that the agency is declining to declassify at the time of the report; and
(III)any justification for withholding declassification of certain items in the annex and an estimate of the timeline for declassification of such items.
(f)Powers of Commission.—(1) Hearings.—The Commission may hold such hearings, take such testimony, and receive such evidence as the Commission considers necessary to carry out its purpose and functions under this section.
(2)Assistance from federal agencies.—(A) Information.—(i) In general.—The Commission may secure directly from a Federal department or agency such 135 STAT. 1942 information as the Commission considers necessary to carry out this section.
(ii)Furnishing information.—Upon receipt of a written request by the Co-Chairpersons of the Commission, the head of the department or agency shall expeditiously furnish the information to the Commission.
(B)Space for commission.—(i) Deadline.Consultation.In general.—Not later than 30 days after the date of the enactment of this Act, the Architect of the Capitol, in consultation with the Commission, shall identify suitable space to house the operations of the Commission, which shall include—(I) a dedicated sensitive compartmented information facility or access to a sensitive compartmented information facility; and
(II)the ability to store classified documents.
(ii)Authority to lease.—If the Architect of the Capitol is not able to identify space in accordance with clause
(i)within the 30-day period specified in clause (i), the Commission may lease space to the extent that funds are available for such purpose.
(C)Compliance by intelligence community.—Elements of the intelligence community shall respond to requests submitted pursuant to paragraph
(2)in a manner consistent with the protection of intelligence sources and methods.
(3)Postal services.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(4)Gifts.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided.Compliance. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate.
(5)Ethics.—(A) In general.—The members and employees of the Commission shall be subject to the ethical rules and guidelines of the Senate.
(B)Reporting.—For purposes of title I of the Ethics in Government Act of 1978 ([5 U.S.C. App.](/us/usc/t5/app)), each member and employee of the Commission—(i) shall be deemed to be an officer or employee of the Congress (as defined in section 109(13) of such title); and
(ii)shall file any report required to be filed by such member or such employee (including by virtue of the application of subsection (g)(1)) under title I of the Ethics in Government Act of 1978 ([5 U.S.C. App.](/us/usc/t5/app)) with the Secretary of the Senate.
(g)Commission Personnel Matters.—(1) Compensation of members.—A member of the Commission who is not an officer or employee of the Federal 135 STAT. 1943 Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315), for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission.
(2)Travel expenses.—A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under [subchapter I of chapter 57 of title 5, United States Code](/us/usc/t5/ch57/schI), while away from their homes or regular places of business in the performance of services for the Commission.
(3)Staff.—(A) Status as federal employees.—Notwithstanding the requirements of [section 2105 of title 5, United States Code](/us/usc/t5/s2105), including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees.
(B)Executive director.—The Co-Chairpersons of the Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(C)Pay.—The Executive Director, with the approval of the Co-Chairpersons of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(D)Security clearances.—All staff must have or be eligible to receive the appropriate security clearance to conduct their duties.
(4)Detail of government employees.—A Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5)Procurement of temporary and intermittent services.—The Co-Chairpersons of the Commission may procure temporary and intermittent services under [section 3109(b) of title 5, United States Code](/us/usc/t5/s3109/b), at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
(6)Pay.—The pay of each employee of the Commission and any member of the Commission who receives pay in accordance with paragraph
(1)shall be disbursed by the Secretary of the Senate.
(h)Termination of Commission.—The Commission shall terminate 90 days after the date on which the Commission submits the report required under subsection (e)(2)(A)(ii). SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY.(a) Establishment.—(1) In general.—There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the “Commission”).135 STAT. 1944
(2)Deadline.Date of establishment.—The date of establishment referred to in paragraph
(1)is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by [section 113(g) of title 10, United States Code](/us/usc/t10/s113/g).
(b)Membership.—(1) Number and appointment.—The Commission shall be composed of 8 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows:(A) The Majority Leader of the Senate shall appoint 1 member.
(B)The Minority Leader of the Senate shall appoint 1 member.
(C)The Speaker of the House of Representatives shall appoint 1 member.
(D)The Minority Leader of the House of Representatives shall appoint 1 member.
(E)The Chair of the Committee on Armed Services of the Senate shall appoint 1 member.
(F)The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
(G)The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
(H)The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
(2)Deadline for appointment.—Members shall be appointed to the Commission under paragraph
(1)not later than 45 days after the Commission establishment date specified under subsection (a)(2).
(3)Effect of lack of appointment by appointment dateExpiration date..—If one or more appointments under paragraph
(1)is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.
(c)Chair and Vice Chair.—(1) Chair.—The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Chair of the Commission.
(2)Vice chair.—The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission.
(d)Period of Appointment and Vacancies.—Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made.135 STAT. 1945
(e)Purpose.—The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States.
(f)Scope and Duties.—In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties:(1) National defense strategy review.—The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy.
(2)Assessment.—The Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States.
(g)Commission Report and Recommendations.—(1) Report.—Not later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements:(A) Appraisal.An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges.
(B)Evaluation.An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States.
(C)Review.A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy.
(D)Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners.
(E)Assessment.An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors.
(F)Evaluation.An evaluation of the resources necessary to support the strategy, including budget recommendations.
(G)Examination.An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors.
(H)Analysis.An analysis of the force planning construct, including—(i) the size and shape of the force;135 STAT. 1946
(ii)the posture, structure, and capabilities of the force;
(iii)the readiness of the force;
(iv)infrastructure and organizational adjustments to the force;
(v)modifications to personnel requirements, including professional military education; and
(vi)other elements of the defense program necessary to support the strategy.
(I)Assessment.An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources.
(J)Any other elements the Commission considers appropriate.
(2)Interim briefings.—(A) Deadline.Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations.
(B)At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A).
(3)Form.—The report submitted to Congress under paragraph
(1)of this subsection shall be submitted in unclassified form, but may include a classified annex.
(h)Government Cooperation.—(1) Cooperation.—In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(2)Liaison.—The Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission.
(3)Detailees authorized.—The Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement.
(4)Facilitation.—(A) Deadline.Independent, non-government institute.—Not later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section.
(B)Federally funded research and development center.—On request of the Commission, the Secretary 135 STAT. 1947 of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section.
(5)Expedition of security clearances.—The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the commission by their respective Senate and House offices under processes developed for the clearance of legislative branch employees.
(i)Staff.—(1) Status as federal employees.—Notwithstanding the requirements of [section 2105 of title 5, United States Code](/us/usc/t5/s2105), including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees.
(2)Appointment.Executive director.—The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(3)Pay.—The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(j)Personal Services.—(1) Contracts.Authority to procure.—The Commission may—(A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of [section 3109 of title 5, United States Code](/us/usc/t5/s3109); and
(B)pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations.
(2)Maximum daily pay rates.—The daily rate paid an expert or consultant procured pursuant to paragraph
(1)may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315).
(k)Authority to Accept Gifts.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided.Compliance. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees.
(l)Funding.—Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended.135 STAT. 1948
(m)Legislative Advisory Committee.—The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ([Public Law 92–463](/us/pl/92/463); [5 U.S.C. ](/us/usc/t5)App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act).
(n)Contracting Authority.—The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available.
(o)Use of Government Information.—The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission.
(p)Postal Services.—The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States.
(q)Deadline.Consultation.Space for Use of Commission.—Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available.
(r)Removal of Members.—A member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made.
(s)Termination.—The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g). TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. Amendment to diversity and inclusion reporting. Sec. 1102. Civilian personnel management. Sec. 1103. Modification of temporary authority to appoint retired members of the armed forces to positions in the Department of Defense. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1106. Repeal of 2-year probationary period. Sec. 1107. Modification of DARPA personnel management authority to attract science and engineering experts. Sec. 1108. Expansion of rate of overtime pay authority for Department of the Navy employees performing work overseas on naval vessels. Sec. 1109. Repeal of crediting amounts received against pay of Federal employee or DC employee serving as a member of the National Guard of the District of Columbia. Sec. 1110. Treatment of hours worked under a qualified trade-of-time arrangement. Sec. 1111. Parental bereavement leave.135 STAT. 1949 Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Extension of authority for temporary personnel flexibilities for Domestic Defense Industrial Base Facilities and Major Range and Test Facilities Base civilian personnel. Sec. 1114. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1115. Assessment of Accelerated Promotion Program suspension. Sec. 1116. Increase in allowance based on duty at remote worksites. Sec. 1117. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1118. Occupational series for digital career fields. SEC. 1101. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING. [Section 113 of title 10, United States Code](/us/usc/t10/s113), as amended by section 551 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is amended—(1) in subsection (c)(2), by inserting “of members and civilian employees” after “inclusion”;
(2)in subsection (l)—(A) in paragraph (1)—(i) in subparagraph (A), by striking “; and” and inserting a semicolon;
(ii)by redesignating subparagraph
(B)as subparagraph (C); and
(iii)by inserting after subparagraph
(A)the following new subparagraph (B):"“(B) efforts to reflect, across the civilian workforce of the Department and of each armed force, the diversity of the population of the United States; and” "; and
(B)in paragraph (2)(B), by inserting “and civilian employees of the Department” after “members of the armed forces”; and
(3)in subsection (m)—(A) by redesignating paragraph
(7)as paragraph (8); and
(B)by inserting after paragraph
(6)the following new paragraph (7):"“(7) The number of civilian employees of the Department, disaggregated by military department, gender, race, and ethnicity—“(A) in each grade of the General Schedule; “(B) in each grade of the Senior Executive Service; “(C) paid at levels above grade GS-15 of the General Schedule but who are not members of the Senior Executive Service; “(D) paid under the Federal Wage System, and “(E) paid under alternative pay systems.” ". SEC. 1102. CIVILIAN PERSONNEL MANAGEMENT. [Section 129(a) of title 10, United States Code](/us/usc/t10/s129/a), is amended—(1) in the first sentence, by striking “primarily” and inserting “solely”; and
(2)in the second sentence, by striking “solely”.135 STAT. 1950 SEC. 1103. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT RETIRED MEMBERS OF THE ARMED FORCES TO POSITIONS IN THE DEPARTMENT OF DEFENSE. Section 1108(b)(1)(A) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116-283](/us/pl/116/283))[10 USC note](/us/usc/t10)prec. 1580. is amended to read as follows:"“(A)(i) at any defense industrial base facility (as that term is defined in [section 2208(u)(3) of title 10, United States Code](/us/usc/t10/s2208/u/3)) that is part of the core logistics capabilities (as described in section 2464(a) of such title); or “(ii) at any Major Range and Test Facility Base (as that term is defined in section 196(i) of such title); and” ". SEC. 1104. AUTHORITY TO EMPLOY CIVILIAN FACULTY MEMBERS AT THE DEFENSE INSTITUTE OF INTERNATIONAL LEGAL STUDIES. [Section 1595(c) of title 10, United States Code](/us/usc/t10/s1595/c), is amended by adding at the end the following new paragraph:"“(8) The Defense Institute of International Legal Studies.” ". SEC. 1105. CONSIDERATION OF EMPLOYEE PERFORMANCE IN REDUCTIONS IN FORCE FOR CIVILIAN POSITIONS IN THE DEPARTMENT OF DEFENSE. Section 1597(e) [title 10, United States Code](/us/usc/t10), is amended—(1) by striking the subsection heading and inserting “Consideration of Employee Performance in Reductions”; and
(2)by striking “be made primarily on the basis of” and inserting “, among other factors as determined by the Secretary, account for employee”. SEC. 1106. REPEAL OF 2-YEAR PROBATIONARY PERIOD.(a) Repeal.—(1) In general.—Effective December 31, 2022, [section 1599e of title 10, United States Code](/us/usc/t10/s1599e)[10 USC 1599e note](/us/usc/t10/s1599e)., is repealed.
(2)[10 USC 1599e note](/us/usc/t10/s1599e).Application.—The modification of probationary periods for covered employees (as that term is defined in such section 1599e as in effect on the date immediately preceding the date of enactment of this Act) by operation of the amendment made by paragraph
(1)shall only apply to an individual appointed as such an employee on or after the effective date specified in paragraph (1).
(b)Technical and Conforming Amendments.—(1) Title 10.—The table of sections for [chapter 81 of title 10, United States Code](/us/usc/t10/ch81)[10 USC ](/us/usc/t10)prec. 1580., is amended by striking the item relating to section 1599e.
(2)Title 5.—[Title 5, United States Code](/us/usc/t5), is amended—(A) in section 3321(c), by striking “, or any individual covered by section 1599e of title 10”;
(B)in section 3393(d), by striking the second sentence;
(C)in section 7501(1), by striking “, except as provided in section 1599e of title 10,”;
(D)in section 7511(a)(1)(A)(ii), by striking “except as provided in section 1599e of title 10,”; and
(E)in section 7541(1)(A), by striking “or section 1599e of title 10”.135 STAT. 1951 SEC. 1107. MODIFICATION OF DARPA PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT SCIENCE AND ENGINEERING EXPERTS. [Section 1599h(b) of title 10, United States Code](/us/usc/t10/s1599h/b), is amended—(1) in paragraph (2)—(A) by striking subparagraph
(A)and inserting the following:"“(A) in the case of employees appointed pursuant to paragraph (1)(B)—“(i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and “(ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3;” "; and
(B)in subparagraph (B), by striking “and” at the end;
(2)in paragraph (3), by striking the period and inserting “; and”; and
(3)by adding at the end the following:"“(4) during any fiscal year, pay up to 15 individuals newly appointed pursuant to paragraph (1)(B) the travel, transportation, and relocation expenses and services described under sections 5724, 5724a, and 5724c of title 5.” ". SEC. 1108. EXPANSION OF RATE OF OVERTIME PAY AUTHORITY FOR DEPARTMENT OF THE NAVY EMPLOYEES PERFORMING WORK OVERSEAS ON NAVAL VESSELS. [Section 5542(a)(6)(A) of title 5, United States Code](/us/usc/t5/s5542/a/6/A), is amended—(1) by inserting “outside the United States” after “temporary duty”;
(2)by striking “the nuclear aircraft carrier that is forward deployed in Japan” and inserting “naval vessels”;
(3)by inserting “of 1938” after “Fair Labor Standards Act”; and
(4)by striking “the overtime” and all that follows through the period at the end and inserting “the employee shall be coded and paid overtime as if the employee’s exemption status under that Act is the same as it is at the employee’s permanent duty station.”. SEC. 1109. REPEAL OF CREDITING AMOUNTS RECEIVED AGAINST PAY OF FEDERAL EMPLOYEE OR DC EMPLOYEE SERVING AS A MEMBER OF THE NATIONAL GUARD OF THE DISTRICT OF COLUMBIA.(a) In General.—[Section 5519 of title 5, United States Code](/us/usc/t5/s5519), is amended by striking “or (c)”.
(b)[5 USC 5519 note](/us/usc/t5/s5519).Application.—The amendment made by subsection
(a)shall apply to any amounts credited, by operation of such section 5519, against the pay of an employee or individual described under section 6323(c) of such title on or after the date of enactment of this Act.135 STAT. 1952 SEC. 1110. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-OF-TIME ARRANGEMENT. [Section 5542 of title 5, United States Code](/us/usc/t5/s5542), is amended by adding at the end the following:"“(h)(1)(A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c). “(B) The Director of the Office of Personnel Management—“(i) shall identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and “(ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation. “(2) Definitions.In this subsection—“(A) the term ‘**firefighter**’ means an employee—“(i) the work schedule of whom includes 24-hour duty shifts; and “(ii) who—“(I) is a firefighter, as defined in section 8331(21) or 8401(14); “(II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section; “(III) Time period.in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and
(B)for at least 3 years; and “(IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subclause (I), (II), or
(III)if the employee were subject to subchapter III of chapter 83 or chapter 84; and “(B) the term ‘**qualified trade-of-time arrangement**’ means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.” ".135 STAT. 1953 SEC. 1111. PARENTAL BEREAVEMENT LEAVE.(a) In General.—[Subchapter II of chapter 63 of title 5, United States Code](/us/usc/t5/ch63/schII), is amended by adding at the end the following:"“§ 6329d.[5 USC 6329d](/us/usc/t5/s6329d). Parental bereavement leave“(a) Definitions.—In this section—“(1) the terms ‘employee’ and ‘son or daughter’ have the meanings given those terms in section 6381; and “(2) the term ‘**paid leave**’ means, with respect to an employee, leave without loss of or reduction in—“(A) pay; “(B) leave to which the employee is otherwise entitled under law; or “(C) credit for time or service. “(b) Bereavement Leave.—“(1) In general.—Subject to paragraphs
(2)and (3), an employee shall be entitled to a total of 2 administrative workweeks of paid leave during any 12-month period because of the death of a son or daughter of the employee. “(2) Limitation.—Leave under paragraph
(1)may not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. “(3) Notice.—In any case in which the necessity for leave under this subsection is foreseeable, the employee shall provide the employing agency with such notice as is reasonable and practicable.” ".
(b)Technical and Conforming Amendment.—The table of sections for [subchapter II of chapter 63 of title 5, United States Code](/us/usc/t5/ch63/schII)[5 USC ](/us/usc/t5)prec. 6301., is amended by adding at the end the following:" “6329d. Parental bereavement leave.”. " SEC. 1112. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. Subsection
(a)of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4615](/us/stat/122/4615)), as most recently amended by section 1105 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3890](/us/stat/134/3890)., is further amended by striking “through 2021” and inserting “through 2022”. SEC. 1113. EXTENSION OF AUTHORITY FOR TEMPORARY PERSONNEL FLEXIBILITIES FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE CIVILIAN PERSONNEL. Section 1132 of the National Defense Authorization Act for Fiscal Year 2017 ([10 U.S.C. 1580 note](/us/usc/t10/s1580) prec.) is amended—(1) in subsection (a), by striking “through 2021” and inserting “through 2026”;
(2)by redesignating subsection
(f)as subsection (h); and
(3)by inserting after subsection
(e)the following:"“(f) Plan.Data Collection Requirement.—The Secretary of Defense shall develop and implement a plan to collect and analyze data on the pilot program for the purposes of—“(1) developing and sharing best practices; and135 STAT. 1954 “(2) providing information to the leadership of the Department and Congress on the implementation of the pilot program and related policy issues. “(g) Deadline.Time period.Briefing.—Not later than 90 days after the end of each of fiscal years 2022 through 2026, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate including—“(1) a description of the effect of this section on the management of civilian personnel at domestic defense industrial base facilities and Major Range and Test Facilities Base during the most recently ended fiscal year; and “(2) the number of employees—“(A) hired under such section during such fiscal year; and “(B) expected to be hired under such section during the fiscal year in which the briefing is provided.” ". SEC. 1114. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. Paragraph
(2)of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ([Public Law 109–234](/us/pl/109/234); [120 Stat. 443](/us/stat/120/443)), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4616](/us/stat/122/4616)) and as most recently amended by section 1106 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283))[134 Stat. 3890](/us/stat/134/3890)., is further amended by striking “2022” and inserting “2023”. SEC. 1115. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.(a) Deadline.In General.—Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall conduct an assessment of the impacts resulting from the Navy’s suspension in 2016 of the Accelerated Promotion Program (in this section referred to as the “APP”). The Inspector General may consult with the Secretary of the Navy in carrying out such assessment, but the Navy may not play any other role in such assessment.
(b)Determinations.Elements.—The assessment required under subsection
(a)shall include the following elements:(1) Time period.An identification of the employees who were hired at the four public shipyards between January 23, 2016, and December 22, 2016, covering the period in which APP was suspended, and who would have otherwise been eligible for APP had the program been in effect at the time they were hired.
(2)An assessment for each employee identified in paragraph
(1)to determine the difference between wages earned from the date of hire to the date on which the wage data would be collected and the wages which would have been earned during this same period should that employee have participated in APP from the date of hire and been promoted according 135 STAT. 1955 to the average promotion timeframe for participants hired in the five-year period prior to the suspension.
(3)An assessment for each employee identified in paragraph
(1)to determine at what grade and step each effected employee would be at on October 1, 2020, had that employee been promoted according to the average promotion timeframe for participants hired in the five-year period prior to the suspension.
(4)Evaluation.An evaluation of existing authorities available to the Secretary to determine whether the Secretary can take measures using those authorities to provide the pay difference and corresponding interest, at a rate of the federal short–term interest rate plus 3 percent, to each effected employee identified in paragraph
(2)and directly promote the employee to the grade and step identified in paragraph (3).
(c)Briefings.Report.—The Inspector General of the Department of Defense shall submit, to the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate, a report on the results of the evaluation by not later than 270 days after the date of enactment of this Act, and shall provide interim briefings upon request. SEC. 1116. [5 USC 5942 note](/us/usc/t5/s5942).INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE WORKSITES.(a) Deadline.Assessment and Rate.—Not later than March 31, 2022, the Director of the Office of Personnel Management shall complete an assessment of the remote site pay allowance under [section 5942 of title 5, United States Code](/us/usc/t5/s5942), and propose a new rate of such allowance, adjusted for inflation, and submit such assessment and rate to the President and to Congress.
(b)Effective date.Application.—Beginning on the first day of the first pay period beginning after the date the Director submits the assessment and rate under subsection (a), such rate shall, notwithstanding subsection
(a)of such section 5942, be the rate of such allowance. SEC. 1117. [10 USC note](/us/usc/t10)prec. 971.ENHANCEMENT OF RECUSAL FOR CONFLICTS OF PERSONAL INTEREST REQUIREMENTS FOR DEPARTMENT OF DEFENSE OFFICERS AND EMPLOYEES.(a) In General.—Except as provided in subsection (b), in addition to the prohibition set forth in [section 208 of title 18, United States Code](/us/usc/t18/s208), an officer or employee of the Department of Defense may not knowingly participate personally and substantially in any particular matter involving specific parties where any of the following organizations is a party or represents a party to the matter:(1) Any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 2 years.
(2)Any organization with which the officer or employee is seeking employment.
(b)Determination.Authorization.—An agency designee may authorize the officer or employee to participate in a matter described in paragraph
(a)based on a determination, made in light of all relevant circumstances, that the interest of the Government in the officer or employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs and operations.135 STAT. 1956
(c)Construction.—Nothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in particular matters having an effect on their or related financial or other personal interests. SEC. 1118. Deadline.[5 USC 5101 note](/us/usc/t5/s5101).OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS. Not later than 270 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, pursuant to [chapter 51 of title 5, United States Code](/us/usc/t5/ch51), establish or update one or more occupational series covering Federal Government positions in the fields of software development, software engineering, data science, and data management. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A— Assistance and Training Sec. 1201. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1202. Authority for certain reimbursable interchange of supplies and services. Sec. 1203. Extension of support of special operations for irregular warfare. Sec. 1204. Modification and extension of biennial Comptroller General of the United States audits of programs to build the capacity of foreign security forces. Sec. 1205. Temporary authority to pay for travel and subsistence expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Report on security cooperation programs. Subtitle B— Matters Relating to Afghanistan and Pakistan Sec. 1211. Sense of Congress on the service of United States Armed Forces servicemembers in Afghanistan. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Prohibition on transfer of Department of Defense funds or resources to the Taliban. Sec. 1214. Prohibition on transporting currency to the Taliban or the Islamic Emirate of Afghanistan. Sec. 1215. Prohibition on removal of publicly available accountings of military assistance provided to the Afghan security forces. Sec. 1216. Joint report on using the synchronized predeployment and operational tracker
(spot)database to verify Afghan SIV applicant information. Sec. 1217. Report and briefing on United States equipment, property, and classified material that was destroyed or abandoned in the withdrawal from Afghanistan. Subtitle C— Matters Relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Defense and diplomatic strategy for Syria. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1225. Prohibition on transfers to Badr Organization. Sec. 1226. Prohibition on transfers to Iran. Sec. 1227. Report on the military capabilities of Iran and related activities. Sec. 1228. Sense of Congress on enrichment of uranium by Iran. Subtitle D— Matters Relating to Russia Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.135 STAT. 1957 Sec. 1232. Extension of Ukraine Security Assistance Initiative. Sec. 1233. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1235. Report on Russian influence operations and campaigns targeting military alliances and partnerships of which the United States is a member. Subtitle E— Matters Relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Modification of annual report on military and security developments involving the People’s Republic of China. Sec. 1244. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1245. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1246. Sense of Congress on Taiwan defense relations. Sec. 1247. Statement of policy on Taiwan. Sec. 1248. Annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1249. Feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1250. Feasibility report on establishing military-to-military crisis communications capabilities. Sec. 1251. Comparative analyses and reports on efforts by the United States and the People’s Republic of China to advance critical modernization technology with respect to military applications. Sec. 1252. Sense of congress on defense alliances and partnerships in the Indo-Pacific region. Subtitle A—Assistance and Training SEC. 1201. ADMINISTRATIVE SUPPORT AND PAYMENT OF CERTAIN EXPENSES FOR COVERED FOREIGN DEFENSE PERSONNEL.(a) In General.—[Subchapter IV of chapter 16 of title 10, United States Code](/us/usc/t10/ch16/schIV), is amended by adding at the end the following new section:"“§ 334.[10 USC 334](/us/usc/t10/s334). Administrative support and payment of certain expenses for covered foreign defense personnel“(a) In General.—The Secretary of Defense may—“(1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and “(2) pay the expenses specified in subsection
(b)for covered foreign defense personnel who are—“(A) from a developing country; and “(B) assigned to the headquarters of the United Nations Command. “(b) Types of Expenses.—The types of expenses that may be paid under the authority of subsection (a)(2) are the following:“(1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. “(2) Personal expenses directly related to carrying out such duties.135 STAT. 1958 “(3) Expenses for medical care at a military medical facility. “(4) Expenses for medical care at a civilian medical facility, if—“(A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; “(B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and “(C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. “(5) Mission-related travel expenses, if—“(A) such travel is in direct support of the national interests of the United States; and “(B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. “(c) Reimbursement.—The Secretary may provide the administrative services and support and pay the expenses authorized by subsection
(a)with or without reimbursement. “(d) Definitions.—In this section:“(1) The term ‘**administrative services and support**’ means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. “(2) The term ‘**covered foreign defense personnel**’ means members of the military of a foreign country who are assigned to—“(A) the United Nations Command; or “(B) the Neutral Nations Supervisory Commission. “(3) The term ‘**developing country**’ has the meaning given the term in section 301(4) of this title. “(4) The term ‘**Neutral Nations Supervisory Commission**’ means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. “(5) The term ‘**United Nations Command**’ means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard.” ".
(b)Conforming Amendment.—The table of sections at the beginning of [subchapter IV of chapter 16 of title 10, United States Code](/us/usc/t10/ch16/schIV)[10 USC ](/us/usc/t10)prec. 331., is amended by adding at the end the following new item:" “334. Administrative support and payment of certain expenses for covered foreign defense personnel.”. " SEC. 1202. AUTHORITY FOR CERTAIN REIMBURSABLE INTERCHANGE OF SUPPLIES AND SERVICES. [Section 2571 of title 10, United States Code](/us/usc/t10/s2571), is amended—135 STAT. 1959(1) by amending subsection
(b)to read as follows:"“(b)(1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds. “(2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title.” "; and
(2)by adding at the end the following new subsection:"“(e)(1) An order placed by a department or organization on a reimbursable basis pursuant to subsection
(b)shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41. “(2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided.” ". SEC. 1203. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. Section 1202(a) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [131 Stat. 1639](/us/stat/131/1639)) is amended by striking “2023” and inserting “2025”. SEC. 1204. MODIFICATION AND EXTENSION OF BIENNIAL COMPTROLLER GENERAL OF THE UNITED STATES AUDITS OF PROGRAMS TO BUILD THE CAPACITY OF FOREIGN SECURITY FORCES. Section 1205(f) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 ([Public Law 113–291](/us/pl/113/291))[128 Stat. 3537](/us/stat/128/3537). is amended—(1) in paragraph (1)—(A) by striking “and 2020” and inserting “, 2020, and 2022”; and
(B)by striking “[section 2282 of title 10, United States Code](/us/usc/t10/s2282) (as so added)” and inserting “subsections (a)(1) and (e)(7)(B) of [section 333 of title 10, United States Code](/us/usc/t10/s333)”; and
(2)in paragraph (2)—(A) by redesignating subparagraph
(E)as subparagraph (H); and
(B)by inserting after subparagraph
(D)the following:"“(E) An evaluation of coordination by the Department of Defense with foreign countries under the program or programs, as applicable. “(F) A description and evaluation of the methodology used by the Department of Defense to evaluate the effectiveness of training under the program or programs. “(G) An analysis of the methodology used by the Department of Defense to evaluate the effectiveness of the program or programs to develop the institutional capacity of the foreign countries.” ".135 STAT. 1960 SEC. 1205. TEMPORARY AUTHORITY TO PAY FOR TRAVEL AND SUBSISTENCE EXPENSES OF FOREIGN NATIONAL SECURITY FORCES PARTICIPATING IN THE TRAINING PROGRAM OF THE UNITED STATES-COLOMBIA ACTION PLAN FOR REGIONAL SECURITY.(a) Authority.—For fiscal year 2022, the Secretary of Defense is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign country to participate in the training program of the United States-Colombia Action Plan for Regional Security conducted at a facility in Colombia.
(b)Deadline.Notification.—Not later than 15 days before the exercise of the authority under subsection (a), the Secretary shall provide to the congressional defense committees a written notification that includes the following:(1) An identification of the foreign country, and the specific unit of the national security forces of such country, the capacity of which will be built by participating in such training program.
(2)The amount of support to be provided under that subsection.
(3)An identification of the United States equipment purchased or acquired by such foreign country, for the use of which training is being provided under such training program.
(4)A description of the specific capabilities to be built through such training program with such support.
(5)A detailed description of the manner in which building the capabilities of such country through such training program advances the national security interests of the United States.
(6)Assessment.A detailed assessment of the effectiveness of such training program in meeting Department of Defense requirements for building the capacity of such country.
(c)Source of Funds.—Of the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for operation and maintenance, Defense-wide, the Secretary may obligate or expend not more than $2,000,000 to pay for expenses described in subsection
(a)for such fiscal year.
(d)Limitation.—The provision of support under subsection
(a)shall be subject to [section 362 of title 10, United States Code](/us/usc/t10/s362). SEC. 1206. [10 USC 301 note](/us/usc/t10/s301).SECURITY COOPERATION STRATEGY FOR CERTAIN COMBATANT COMMANDS.(a) Coordination.In General.—The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in [section 301 of title 10, United States Code](/us/usc/t10/s301)).
(b)Elements.—The strategy for each covered combatant command required by subsection
(a)shall include the following:(1) A discussion of how the strategy will—(A) support and advance United States national security interests in strategic competition with near-peer rivals;
(B)prioritize and build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness;
(C)prioritize and build the capabilities of foreign partner security forces to secure their own territory, 135 STAT. 1961 including through operations against violent extremist groups;
(D)promote and build institutional capabilities for observance of, and respect for—(i) the law of armed conflict;
(ii)human rights and fundamental freedoms;
(iii)the rule of law; and
(iv)civilian control of the military; and
(E)support the programs and activities of law enforcement and civilian agencies, as appropriate, to counter the threat of and reduce risks from illicit drug trafficking and other forms of transnational organized crime.
(2)A statement of the security cooperation strategic objectives for—(A) the covered combatant command; and
(B)the covered combatant command in conjunction with other covered combatant commands.
(3)A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command.
(4)A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives.
(5)A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives.
(6)A description of Department of Defense educational programs and institutions, and international institutions, relevant to the combatant command and an assessment of the manner in which such programs and institutions contribute to achieving such strategic objectives.
(7)A discussion of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies.
(c)Reports.—(1) Initial report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the security cooperation strategy for each covered combatant command developed under subsection (a).
(2)Time period.Subsequent reports.—Beginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by [section 386(a) of title 10, United States Code](/us/usc/t10/s386/a), the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a).
(d)Definitions.—In this section:(1) Appropriate committees of congress.—The term “**appropriate committees of Congress**” means—135 STAT. 1962(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
(2)Covered combatant command.—The term “**covered combatant command**” means—(A) the United States European Command;
(B)the United States Indo-Pacific Command;
(C)the United States Central Command;
(D)the United States Africa Command;
(E)the United States Southern Command; and
(F)the United States Northern Command. SEC. 1207. REPORT ON SECURITY COOPERATION PROGRAMS.(a) Reviews.In General.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report that—(1) reviews the existing requirements for conducting human rights training of foreign national security forces pursuant to security cooperation authorities under [chapter 16 of title 10, United States Code](/us/usc/t10/ch16);
(2)reviews current Department of Defense practices and procedures for collecting data under such authorities for purposes of assessing, monitoring, and evaluating the effectiveness of such human rights training programs and assessing compliance with [section 362 of title 10, United States Code](/us/usc/t10/s362); and
(3)Evaluation.evaluates the effectiveness of human rights training described in paragraph
(1)to contribute to United States national security objectives.
(b)Matters to Be Included.—The report required by subsection
(a)may include recommendations for measures to improve the effectiveness of human rights training or to promote observation of and respect for human rights and fundamental freedoms, the rule of law, and civilian control of the military.
(c)Form.—The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified annex. Subtitle B—Matters Relating to Afghanistan and Pakistan SEC. 1211. SENSE OF CONGRESS ON THE SERVICE OF UNITED STATES ARMED FORCES SERVICEMEMBERS IN AFGHANISTAN. It is the sense of Congress that—(1) the servicemembers of the United States Armed Forces who served in Afghanistan represent the very best of the United States;
(2)the service of those who returned home from war with wounds seen and unseen and those who died in defense of the Nation are not forgotten;
(3)the United States honors these brave members of the Armed Forces and their families; and
(4)the United States shall never forget the services they rendered and the sacrifices they and their families made in the defense of a grateful Nation.135 STAT. 1963 SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS. Section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 393](/us/stat/122/393)) is amended—(1) in subsection (a), by striking “for the period beginning on October 1, 2020, and ending on December 31, 2021” and inserting “for the period beginning on October 1, 2021, and ending on December 31, 2022”; and
(2)in subsection (d)—(A) by striking “during the period beginning on October 1, 2020, and ending on December 31, 2021” and inserting “during the period beginning on October 1, 2021, and ending on December 31, 2022”; and
(B)by striking “$180,000,000” and inserting “$60,000,000”. SEC. 1213. [10 USC 2241 note](/us/usc/t10/s2241).PROHIBITION ON TRANSFER OF DEPARTMENT OF DEFENSE FUNDS OR RESOURCES TO THE TALIBAN.(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available—(1) to provide any funds or resources to the Taliban; or
(2)to conduct any military cooperation or sharing of military intelligence with the Taliban, unless the Secretary of Defense determines that such cooperation or sharing advances the national security interests of the United States.
(b)Notification.—–—(1) Determination.Deadline.Submission required.—If the Secretary makes an affirmative determination described in subsection (1)(a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written description of the military cooperation or military intelligence that was shared with the Taliban pursuant to such determination, not later than 5 days after the date of such cooperation or sharing. The Secretary shall include with such description any other matter the Secretary determines relevant.
(2)Form.—The information described in paragraph
(1)shall be submitted in an unclassified format and may include a classified annex. SEC. 1214. [10 USC 2241 note](/us/usc/t10/s2241).PROHIBITION ON TRANSPORTING CURRENCY TO THE TALIBAN OR THE ISLAMIC EMIRATE OF AFGHANISTAN. None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan. SEC. 1215. PROHIBITION ON REMOVAL OF PUBLICLY AVAILABLE ACCOUNTINGS OF MILITARY ASSISTANCE PROVIDED TO THE AFGHAN SECURITY FORCES. None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2022 may be used to remove from the website of the 135 STAT. 1964 Department of Defense or any other agency publicly available accountings of military assistance provided to the Afghan security forces that was publicly available online as of July 1, 2021. SEC. 1216. JOINT REPORT ON USING THE SYNCHRONIZED PREDEPLOYMENT AND OPERATIONAL TRACKER
(SPOT)DATABASE TO VERIFY AFGHAN SIV APPLICANT INFORMATION.(a) Determination.In General.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to appropriate congressional committees a joint report on the use of the Department of Defense Synchronized Predeployment and Operational Tracker database (in this section referred to as the “SPOT database”) to verify the existence, for the purpose of determining eligibility for special immigrant visa
(SIV)program, of—(1) Department of Defense contracts;
(2)employment of Afghans who worked for the United States Government; and
(3)biographic data.
(b)Elements of Joint Report.—The joint report required under subsection
(a)shall—(1) Evaluation.evaluate the improvements in the SIV process following the use of the SPOT database to verify SIV applications, including the extent to which use of SPOT expedited SIV processing, reduced the risk of fraudulent documents, and the extent to which the SPOT database could be used for future SIV programs;
(2)identify obstacles that persisted in documenting the identity and employment of locally employed staff and contractors after the use of the SPOT database in the SIV process; and
(3)Recommenda-tion.recommend the changes to the SPOT database that would be necessary to make it a centralized interagency database of personnel and employment data that can be used to adjudicate SIV eligibility for those employed under United States Government contracts, grants, or cooperative agreements.
(c)Consultation.—For the purposes of preparing the joint report required under this section, the Secretary of Defense and the Secretary of State shall consult with the Administrator of the United States Agency for International Development and the Secretary of Homeland Security.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. SEC. 1217. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT, PROPERTY, AND CLASSIFIED MATERIAL THAT WAS DESTROYED OR ABANDONED IN THE WITHDRAWAL FROM AFGHANISTAN.(a) Consultation.In General.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the Commander of United States Central Command, shall submit to the 135 STAT. 1965 congressional defense committees a report regarding the covered United States equipment, property, and classified material and money in cash that was destroyed or abandoned in Afghanistan or removed from Afghanistan during the covered period. Such report shall include each of the following:(1) Determination.A determination of the value of the covered United States equipment, property, and classified material that was destroyed or abandoned, disaggregated by military department and itemized to the most specific feasible level.
(2)List.An itemized list of destroyed or abandoned aircraft in Afghanistan and the location and condition of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan.
(3)List.An itemized list of destroyed or abandoned weapons, weapon systems, components of weapons or weapon systems, ammunition, explosives, missiles, ordnance, bombs, mines, or projectiles, disaggregated by military department.
(4)For each item on a list referred to in paragraphs
(2)and (3), an explanation of the legal authority relied upon to destroy or abandon that specific item.
(5)Evaluation.An evaluation of the capabilities of the Taliban post-withdrawal as a result of their seizure of abandoned covered United States equipment, property, and classified material, including an evaluation of the capabilities of the Taliban post-withdrawal to monetize through the transfer of abandoned covered United States equipment, property, and classified material to adversaries of the United States.
(6)Assessment.An assessment of aircraft flown out of Afghanistan formerly possessed by the Afghan Air Force or the former government of Afghanistan that could be returned to the Taliban or to the Islamic Emirate of Afghanistan by other countries.
(7)Assessment.An assessment of the damage to the national security interests of the United States as a result of the destroyed or abandoned covered United States equipment, property, and classified material.
(8)Assessment.An assessment of the feasibility of disabling, destroying, recovering, or recapturing abandoned covered United States equipment, property, and classified material in and outside of Afghanistan and any plans to do so.
(9)Available imagery or photography depicting the Taliban or other countries possessing abandoned covered United States equipment, property, and classified material.
(b)Public information.Executive Summary of Report.—The report required under subsection
(a)shall include an executive summary of the report, which shall be unclassified and made publicly available.
(c)Briefing.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, the Secretaries of the military departments, and the Commander of United States Central Command shall provide to the congressional defense committees a briefing on the report required by this section.
(d)Definitions.—In this section:(1) Covered united states equipment, property, and classified material.—The term “**covered United States equipment, property, and classified material**” means any of the following items formerly owned by the Government of the United 135 STAT. 1966 States or provided by the United States to the former government or military of Afghanistan during the covered period:(A) Real property, including any lands, buildings, structures, utilities systems, improvements, and appurtenances, thereto, including equipment attached to and made part of buildings and structures, but not movable equipment.
(B)Personal property, including property of any kind or any interest therein, except real property.
(C)Equipment, including all nonexpendable items needed to outfit or equip an individual or organization.
(D)Classified information, in any form, including official information that has been determined to require, in the interests of national security, protection against unauthorized disclosure and which has been so designated.
(2)Covered period.—The term “**covered period**” means the period beginning on February 29, 2020, and ending on the date of the enactment of this Act. Subtitle C—Matters Relating to Syria, Iraq, and Iran SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.(a) Extension.—Subsection
(a)of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 ([Public Law 113–291](/us/pl/113/291); [127 Stat. 3451](/us/stat/127/3451)) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
(b)Notice Before Provision of Assistance.—Subsection (b)(2) of such section is amended by striking subparagraph
(A)and inserting the following:"“(A) Deadline.not later than 15 days before the expenditure of each 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or” ".
(c)Waiver Authority.—Subsection
(l)of such section is amended by adding at the end the following:"“(3) Waiver authority.—“(A) President.In general.—The President may waive the limitation under paragraph (1)(A) on a per project basis for the purposes of providing support authorized under subsection (a)(4) if the President—“(i) Determination.determines that the waiver is in the national security interest of the United States; and “(ii) Notification.submits to the appropriate congressional committees a notification of the exercise of the waiver. “(B) Notice and wait.—“(i) Applicability.Time period.In general.—A project with respect to which the exercise of a waiver under subparagraph
(A)applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by subparagraph (A)(ii). “(ii) Matters to be included.—The notification required by subparagraph (A)(ii) shall include the following:135 STAT. 1967“(I) Plan.Cost estimate.A detailed plan and cost estimate for the project. “(II) Certification.President.Compliance.A certification by the President that facilities and activities relating to the project comply with—“(aa) the law of armed conflict; “(bb) internationally recognized human rights; “(cc) the principle of non-refoulement; “(dd) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and “(ee) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). “(III) An explanation of the national security interest addressed by the project. “(iii) Appropriate congressional committees defined.—In this subparagraph, the term ‘**appropriate congressional committees**’ means—“(I) the congressional defense committees; and “(II) the Committee on Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. “(C) Applicability.Update to plan and cost estimate.—Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under subparagraph
(A)applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by subparagraph (B)(ii)(I). “(D) Sunset.—The waiver authority under this paragraph shall expire on December 31, 2022.” ".
(d)Technical Amendment.—The table of contents for the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 ([Public Law 113–291](/us/pl/113/291); [127 Stat. 3293](/us/stat/127/3293)) is amended by striking the item relating to section 1209 and inserting the following:" “Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals.”. " SEC. 1222. DEFENSE AND DIPLOMATIC STRATEGY FOR SYRIA.(a) President.Report Required.—Not later than 90 days after the date of the enactment of this Act, the President, acting through the Secretary of State and in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that contains a description of the United States defense and diplomatic strategy for Syria.
(b)Elements.—The report required by subsection
(a)shall include the following elements:(1) A United States diplomatic strategy for Syria, including a description of the desired diplomatic objectives for advancing United States national interests in Syria, desired end-goals, 135 STAT. 1968 and a description of the intended diplomatic and related foreign policy means to achieve such objectives, including engagement with key foreign actors operating in Syria such as Russia and Turkey.
(2)A United States defense strategy for Syria, including a description of the security objectives the United States aims to achieve, including the objectives and desired end-state for the United States military presence in northeast Syria, envisioned transition timeline for security responsibilities to the Syrian Democratic Forces (SDF), and status of remaining ISIS elements, strategy to mitigate Turkish-SDF tensions, and a long-term approach to managing the threat of Iranian-aligned militias and forces operating in Syria to United States partners and interests.
(3)A description of United States strategy and objectives for United States military support to and coordination with the Jaysh Maghawir al-Thawra (“MaT”) including transition plan and operational needs in and around Al-Tanf.
(4)Plan.A plan for enduring security of ISIS detainees currently held in SDF secured facilities (including so-called “third country fighters” as well as Iraqi and Syrian national ISIS detainees) accounting for security of personnel and facilities involved.
(5)A diplomatic strategy for securing the repatriation of remaining ISIS “third country fighters” to countries of origin, including a comprehensive breakdown of each country of origin and number of detainees yet to be repatriated.
(6)Plan.A plan for the resettlement and disposition of ISIS connected women and children in remaining detention facilities, including roles and responsibilities of counter-ISIS coalition partners.
(7)Assessment.A detailed assessment of the security and humanitarian situation at the internally displaced persons camp at Rukban, including an overview of international efforts to reduce the camp’s population and United States policy options to ameliorate the situation.
(8)Plan.A plan for diplomatic and humanitarian engagement with regional partners and multilateral institutions to ensure successful and safe delivery of continued humanitarian assistance to non-regime held areas of Syria.
(9)Assessment.An assessment of United States efforts to prevent normalization and rehabilitation of the Assad regime, to include addressing recent outreach to the Assad regime by United States partners.
(10)Assessment.An assessment of United States diplomatic efforts to prevent Syria’s re-entry into the Arab League.
(11)Assessment.An assessment of progress towards meeting the criteria specified in paragraphs
(1)through
(7)of section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 2297](/us/stat/133/2297)), required for suspension of sanctions against the Assad regime.
(12)Assessment.An assessment of United States efforts to seek accountability for the Assad regime’s crimes against the Syrian people, to include unlawful detention, forced disappearance, torture, starvation, and the use of chemical weapons.
(c)Form.—The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified annex.135 STAT. 1969
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2)the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.(a) In General.—Subsection
(a)of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 ([Public Law 113–291](/us/pl/113/291); [128 Stat. 3558](/us/stat/128/3558)) is amended by striking “December 31, 2021” and inserting “December 31, 2022”.
(b)Funding.—Subsection
(g)of such section is amended—(1) by striking “fiscal year 2021” and inserting “fiscal year 2022”; and
(2)by striking “$322,500,000” and inserting “$345,000,000”.
(c)Assessment and Authority To Assist Directly Certain Covered Groups.—Subsection (l)(1)(B) of such section is amended—(1) by striking clause (ii); (2)(A) by redesignating clauses
(iii)through
(vi)as clauses
(ii)through (v), respectively; and
(B)by redesignating clause
(vii)as clause (xi);
(3)in clause (iv), as redesignated, by striking “, and once established, the Iraqi Sunni National Guard”; and
(4)by inserting after clause (v), as redesignated, the following:"“(vi) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. “(vii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. “(viii) Whether the Government of Iraq is ensuring the safe and voluntary return of ethno-religious minority populations to their home communities in the Nineveh Plains region of Iraq. “(ix) Whether the Government of Iraq has provided support and funding to institutionalize and make permanent local, representative, and regionally-based security forces. “(x) An assessment of the impact of the Iraq and Syria Genocide Relief and Accountability Act of 2018 ([Public Law 115–300](/us/pl/115/300)) on return rates of vulnerable, indigenous, ethno-religious groups, including Assyrians and Yazidis, in those areas of the Nineveh Plains region of Iraq in which assistance has been provided pursuant to subsection (a).” ".135 STAT. 1970
(d)Waiver Authority.—Such section, as so amended, is further amended by adding at the end the following:"“(o) Waiver Authority.—“(1) President.In general.—The President may waive the dollar amount limitation in subsection
(a)with respect to a construction, repair, or renovation project for the purposes of providing the support described in paragraph
(2)if the President—“(A) Determination.determines that the waiver is in the national security interest of the United States; and “(B) Notification.submits to the appropriate congressional committees a notification of the exercise of the waiver. “(2) Support described.—The support described in this paragraph is support relating to temporary humane detention of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations relating to the provision of such support, including, as applicable—“(A) the law of armed conflict; “(B) internationally recognized human rights; “(C) the principle of non-refoulement; “(D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and “(E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST6223)). “(3) Notice and wait.—“(A) Applicability.Time period.In general.—A project with respect to which the exercise of a waiver under paragraph
(1)applies may only be carried out after the end of a 15-day period beginning at the date on which the appropriate congressional committees receive the notification required by paragraph (1)(B). “(B) Matters to be included.—The notification required by paragraph (1)(B) shall include the following:“(i) Plan.Cost estimate.A detailed plan and cost estimate for the project. “(ii) Certification.President.A certification by the President that facilities and activities relating to the project comply with the laws and obligations described in paragraph (2). “(iii) An explanation of the national security interest addressed by the project. “(C) Appropriate congressional committees defined.—In this paragraph, the term ‘**appropriate congressional committees**’ means—“(i) the congressional defense committees; and “(ii) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. “(4) Applicability.Update to plan and cost estimate.—Upon obligation of any funds to carry out a project with respect to which the exercise of a waiver under paragraph
(1)applies, the Secretary of Defense shall submit to the congressional defense committees an update to the plan and cost estimate for the project as required by paragraph (3)(B)(i). “(5) Sunset.—The waiver authority under this subsection shall expire on December 31, 2022.” ".135 STAT. 1971
(e)[10 USC 2241 note](/us/usc/t10/s2241).Restriction on Counter-ISIS Train and Equip Fund.—Amounts authorized to be appropriated by this Act or the amendments made by this Act or otherwise made available for any fiscal year to the Counter-Islamic State of Iraq and Syria Train and Equip Fund are authorized to be made available only in support of partner forces eligible to receive assistance under section 1209(a) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 ([Public Law 113–291](/us/pl/113/291); [128 Stat. 3541](/us/stat/128/3541)) or subsection
(a)of section 1236 of such Act, as amended by subsection
(a)of this section.
(f)Report.—(1) Consultation.In general.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other relevant Federal departments and agencies, shall submit to appropriate congressional committees a report that contains the following:(A) Strategy.Plan.A comprehensive strategy and plan to train and build lasting and sustainable military capabilities of the Iraqi security forces, including the Kurdish Peshmerga, using existing authorities, which may include a memorandum of understanding with the Ministry of Peshmerga Affairs in coordination with the Government of Iraq.
(B)Plan.A plan to engage the Government of Iraq and the Kurdistan Regional Government in security sector reform and strengthen and sustainably build the capacity of Iraq’s national defense and security institutions, including the Kurdish Peshmerga.
(C)A description of the current status, capabilities, and operational capacity of remaining Islamic State of Iraq and Syria elements active in Iraq and Syria.
(2)Appropriate congressional committees defined.—In this subsection, the term “**appropriate congressional committees**” means—(A) the congressional defense committees; and
(B)the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 1224. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.(a) Limitation on Amount.—Subsection
(c)of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ([10 U.S.C. 113 note](/us/usc/t10/s113)) is amended by striking “fiscal year 2021” and inserting “fiscal year 2022”.
(b)Source of Funds.—Subsection
(d)of such section is amended by striking “fiscal year 2021” and inserting “fiscal year 2022”.
(c)Limitation on Availability of Funds.—Subsection
(h)of such section is amended to read as follows:"“(h) Reports.Limitation on Availability of Funds.—Of the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the 135 STAT. 1972 congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that—“(1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; “(2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; “(3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and “(4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.” ".Time period. SEC. 1225. [10 USC 2241 note](/us/usc/t10/s2241).PROHIBITION ON TRANSFERS TO BADR ORGANIZATION. None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available, directly or indirectly, to the Badr Organization. SEC. 1226. [10 USC 2241 note](/us/usc/t10/s2241).PROHIBITION ON TRANSFERS TO IRAN. None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran. SEC. 1227. REPORT ON THE MILITARY CAPABILITIES OF IRAN AND RELATED ACTIVITIES.(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees a report that includes the following:(1) A detailed description of each of the following:(A) Advancements in the military capabilities of Iran, including capabilities of the Islamic Revolutionary Guard Corps, the Quds Force, the Artesh, and the Basij.
(B)All known instances of the supply, sale, or transfer of arms or related materiel, including spare parts, to or from Iran.
(C)All known instances of missile launches by Iran, including for the purposes of testing and development or use in military operations.
(D)Changes to the military capabilities of Iran-backed groups, most notably Lebanese Hezbollah, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the Houthis).
(2)Assessment.An assessment of each of the following:135 STAT. 1973
(A)Impacts that the imposition or revocation of unilateral United States economic sanctions on Iran may have on the military capabilities of entities described in subparagraphs
(A)and
(D)of paragraph (1).
(B)Acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians.
(C)The threat that Iranian-backed militias in Iraq pose to United States personnel in Iraq and in the Middle East, including United States Armed Forces and diplomats.
(D)The threat Iranian-backed militias in Iraq pose to United States partners in the region.
(E)The role that Iranian-backed militias in Iraq, including the Badr Organization, play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces.
(F)The United Nations arms embargo on Iran’s ability to supply, sell, or transfer, directly or indirectly, arms or related materiel while the embargo was in effect.
(G)Iran’s use of kidnapping operations against United States citizens and an analysis of opportunities to counter such actions or impose costs on Iran.
(b)Time Period.—Except as otherwise provided, the report required by subsection
(a)shall cover developments during the period beginning in June 2018 and ending on the day before the date on which the report is submitted.
(c)Form.—The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified annex.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the congressional defense committees;
(2)the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(3)the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 1228. SENSE OF CONGRESS ON ENRICHMENT OF URANIUM BY IRAN. It is the sense of Congress that—(1) the Government of Iran’s decision to enrich uranium up to 60 percent purity is a further escalation and shortens the breakout time to produce enough highly enriched uranium to develop a nuclear weapon; and
(2)the Government of Iran should immediately abandon any pursuit of a nuclear weapon. Subtitle D—Matters Relating to Russia SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE UNITED STATES AND THE RUSSIAN FEDERATION. Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328)) is amended by striking “2020, or 2021” and inserting “2020, 2021, or 2022”.135 STAT. 1974 SEC. 1232. EXTENSION OF UKRAINE SECURITY ASSISTANCE INITIATIVE. Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ([Public Law 114–92](/us/pl/114/92); [129 Stat. 1068](/us/stat/129/1068)) is amended as follows:(1) In subsection (c)—(A) in paragraph (1), by striking “funds available for fiscal year 2021 pursuant to subsection (f)(6)” and inserting “funds available for fiscal year 2022 pursuant to subsection (f)(7)”;
(B)in paragraph (3), by striking “fiscal year 2021” and inserting “fiscal year 2022”; and
(C)in paragraph (5), by striking “Of the funds available for fiscal year 2021 pursuant to subsection (f)(6)” and inserting “Of the funds available for fiscal year 2022 pursuant to subsection (f)(7)”.
(2)In subsection (f), by adding at the end the following:"“(7) For fiscal year 2022, $300,000,000.” ".
(3)In subsection (h), by striking “December 31, 2023” and inserting “December 31, 2024”. SEC. 1233. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL EXERCISES. Subsection
(h)of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ([10 U.S.C. 333 note](/us/usc/t10/s333)) is amended—(1) in the first sentence, by striking “December 31, 2023” and inserting “December 31, 2024”; and
(2)in the second sentence, by striking “the period beginning on October 1, 2015, and ending on December 31, 2023” and inserting “the period beginning on October 1, 2015, and ending on December 31, 2024.”. SEC. 1234. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER CRIMEA.(a) Prohibition.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of the Russian Federation over Crimea.
(b)Waiver.—The Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection
(a)if the Secretary of Defense—(1) Determination.determines that a waiver is in the national security interest of the United States; and
(2)Notification.on the date on which the waiver is invoked, submits a notification of the waiver and a justification of the reason for seeking the waiver to—(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.135 STAT. 1975 SEC. 1235. REPORT ON RUSSIAN INFLUENCE OPERATIONS AND CAMPAIGNS TARGETING MILITARY ALLIANCES AND PARTNERSHIPS OF WHICH THE UNITED STATES IS A MEMBER.(a) Time period.Termination date.Coordination.Report Required.—Not later than 180 days after the date of the enactment of this Act and biennially thereafter until April 1, 2024, the Secretary of Defense and the Secretary of State, in coordination with the Director of National Intelligence and the heads of any other appropriate departments or agencies, shall jointly submit to the appropriate congressional committees a report on Russian influence operations and campaigns that target United States military alliances and partnerships.
(b)Elements.—The report required under subsection
(a)shall include each of the following:(1) Assessment.An assessment of Russia’s objectives for influence operations and campaigns targeting United States military alliances and partnerships, including the North Atlantic Treaty Organization, its allies, and partner countries, and how such operations and campaigns relate to Russia’s broader strategic aims.
(2)The activities and roles of the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns.
(3)List.A comprehensive list of specific Russian state and non-state entities, or those of any other country with which Russia may cooperate, involved in supporting such Russian influence operations and campaigns and the role of each such entity in such support.
(4)An identification of the tactics, techniques, and procedures used in previous Russian influence operations and campaigns.
(5)Assessment.An assessment of the impact of previous Russian influence operations and campaigns targeting United States military alliances and partnerships, including the views of senior Russian officials about the effectiveness of such operations and campaigns in achieving Russian objectives.
(6)An identification of each United States ally and partner, and each military alliance of which the United States is a member, that has been targeted by Russian influence operations and campaigns.
(7)An identification of each United States ally and partner, and each military alliance of which the United States is a member, that may be targeted in future Russian influence operations and campaigns, and an assessment of the likelihood that each such ally, partner, or alliance will be targeted.
(8)Assessment.An assessment of the capacity and efforts of each United States ally and partner, and each military alliance of which the United States is a member, to counter Russian influence operations and campaigns.
(9)An identification of tactics, techniques, and procedures likely to be used in future Russian influence operations and campaigns targeting United States military alliances and partnerships.
(10)Recommenda-tion.Recommended authorities or activities for the Department of Defense and Department of State in the United States Government strategy to counter such Russian influence operations and campaigns.135 STAT. 1976
(11)Any other matters the Secretaries determine appropriate.
(c)Reports.Form.—The report required under subsection
(a)shall be submitted in unclassified form and in a manner appropriate for release to the public, but may include a classified annex.
(d)Definitions.—In this section, the term “**appropriate congressional committees**” means—(1) the congressional defense committees;
(2)the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate; and
(3)the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Subtitle E—Matters Relating to the Indo-Pacific Region SEC. 1241. EXTENSION AND MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE.(a) Assistance and Training.—Subsection (a)(1) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ([10 U.S.C. 333 note](/us/usc/t10/s333)) is amended, in the matter preceding subparagraph (A), by striking “for the purpose of” and all that follows through “Indian Ocean” and inserting “with the primary goal of increasing multilateral maritime security cooperation and maritime domain awareness of foreign countries in the area of responsibility of the United States Indo-Pacific Command”.
(b)Recipient Countries.—Subsection
(b)of such section is amended to read as follows:"“(b) Recipient Countries.—The foreign countries that may be provided assistance and training under subsection
(a)are the countries located within the area of responsibility of the United States Indo-Pacific Command.” ".
(c)Types of Assistance and Training.—Subsection (c)(1) of such section is amended by striking “small-scale military construction” and inserting “small-scale construction (as defined in [section 301 of title 10, United States Code](/us/usc/t10/s301))”.
(d)Priorities for Assistance and Training.—Subsection
(d)of such section is amended to read as follows:"“(d) Priorities for Assistance and Training.—In developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance—“(1) multilateral cooperation and coordination among recipient countries; or “(2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member.” ".
(e)Incremental Expenses of Personnel of Certain Other Countries for Training.—Subsection
(e)of such section is amended to read as follows:"“(e) Incremental Expenses of Personnel of Recipient Countries for Training.—If Determination.the Secretary of Defense determines that the payment of incremental expenses (as defined in [section 301 of title 10, United States Code](/us/usc/t10/s301)) in connection with training 135 STAT. 1977 described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection
(f)for assistance and training under subsection
(a)for the payment of such incremental expenses.” ".
(f)Availability of Funds.—Subsection
(f)of such section is amended to read as follows:"“(f) Time period.Availability of Funds.—Of the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a).” ".
(g)Limitations.—Such section is further amended—(1) by striking subsection (i);
(2)by redesignating subsections
(g)and
(h)as subsections
(h)and (i), respectively; and
(3)by inserting after subsection
(f)the following new subsection (g):"“(g) Limitations.—“(1) Assistance otherwise prohibited by law.—The Secretary of Defense may not use the authority in subsection
(a)to provide any type of assistance described in subsection
(c)that is otherwise prohibited by any provision of law. “(2) Prohibition on assistance to units that have committed gross violations of human rights.—The provision of assistance pursuant to a program under subsection
(a)shall be subject to the provisions of [section 362 of title 10, United States Code](/us/usc/t10/s362). “(3) Security cooperation.—Assistance, training, and exercises with recipient countries described in subsection
(b)shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense. “(4) Assessment, monitoring, and evaluation.—The provision of assistance and training pursuant to a program under subsection
(a)shall be subject to the provisions of [section 383 of title 10, United States Code](/us/usc/t10/s383).” ".
(h)Notice to Congress on Assistance and Training.—Subsection (h)(1) of such section, as so redesignated, is amended—(1) by amending subparagraph
(B)to read as follows:"“(B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness.” "; and
(2)in subparagraph
(G)by striking “the geographic combatant command concerned” and inserting “the United States Indo-Pacific Command”.
(i)Annual Monitoring Report.—Subsection
(i)of such section, as so redesignated, is amended—(1) in paragraph (1)—(A) in the matter preceding subparagraph (A), by striking “March 1, 2020” and inserting “March 1, 2022”;
(B)by redesignating subparagraphs
(A)through
(G)as subparagraphs
(B)through (H), respectively;135 STAT. 1978
(C)by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):"“(A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following:“(i) Priority countries and associated capabilities across the theater. “(ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. “(iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges.” "; and
(D)in subparagraph (B), as so redesignated—(i) in clause (ii), by striking the semicolon and inserting “; and”; and
(ii)by adding at the end the following new clause:"“(iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness.” "; and
(2)in paragraph (2), by striking “subsection (g)(2)” and inserting “subsection (h)(2)”.
(j)Expiration.—Subsection
(j)of such section is amended by striking “December 31, 2025” and inserting “December 31, 2027”. SEC. 1242. EXTENSION AND MODIFICATION OF PACIFIC DETERRENCE INITIATIVE.(a) Extension.—Subsection
(c)of section 1251 of the National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended to read as follows:"“(c) Funding.—Of the amounts authorized to be appropriated by the National Defense Authorization Act for Fiscal Year 2022 for the Department of Defense for fiscal year 2022, there is authorized to be appropriated for the Pacific Deterrence Initiative such sums as may be necessary, as indicated in sections 4101, 4201, 4301, and 4601 of such Act.” ".
(b)Report on Resourcing United States Defense Requirements for the Indo-pacific Region and Study on Competitive Strategies.—Such section is further amended—(1) by redesignating subsections
(d)through
(g)as subsections
(e)through (h), respectively;
(2)by inserting after subsection
(c)the following new subsection (d):"“(d) Report on Resourcing United States Defense Requirements for the Indo-pacific Region and Study on Competitive Strategies.—“(1) Report required.—“(A) In general.—At the same time as the submission of the budget of the President (submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105)) for each of fiscal years 2023 and 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with 135 STAT. 1979 respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives:“(i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. “(ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People’s Republic of China. “(iii) The reduction of the risk of executing contingency plans of the Department of Defense. “(B) Assessments.Matters to be included.—The report required under subparagraph
(A)shall include the following:“(i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following:“(I) West of the International Date Line. “(II) In States outside the contiguous United States east of the International Date Line. “(III) In the contiguous United States. “(ii) An assessment of capabilities requirements to achieve such objectives. “(iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. “(iv) An identification of required infrastructure and military construction investments to achieve such objectives. “(v) An assessment of security cooperation activities or resources required to achieve such objectives. “(vi)(I) Plan.A plan to fully resource United States force posture and capabilities, including—“(aa) a detailed assessment of the resources necessary to address the elements described in clauses
(i)through (v), including specific cost estimates for recommended investments or projects—“(AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities; “(BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; “(CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; “(DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; “(EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and135 STAT. 1980 “(FF) to improve capabilities available to the United States Indo-Pacific Command; “(bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). “(II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following:“(aa) With respect to procurement accounts—“(AA) amounts displayed by account, budget activity, line number, line item, and line item title; and “(BB) a description of the requirements for each such amount. “(bb) With respect to research, development, test, and evaluation accounts—“(AA) amounts displayed by account, budget activity, line number, program element, and program element title; and “(BB) a description of the requirements for each such amount. “(cc) With respect to operation and maintenance accounts—“(AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and “(BB) a description of the specific manner in which each such amount would be used. “(dd) With respect to military personnel accounts—“(AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and “(BB) a description of the requirements for each such amount. “(ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. “(ff) With respect to any expenditure or proposed appropriation not described in items
(aa)through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to [section 221(a) of title 10, United States Code](/us/usc/t10/s221/a). “(C) Form.—The report required under subparagraph
(A)may be submitted in classified form, but shall include an unclassified summary. “(D) Deadline.Availability.—Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary 135 STAT. 1981 of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. “(2) Briefings required.—“(A) Deadline.Initial briefing.—Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105)) for each of fiscal years 2023 and 2024, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. “(B) Deadline.Subsequent briefing.—Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105)) for each of fiscal years 2023 and 2024, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph.” ";
(3)by amending subsection (e), as redesignated, to read as follows:"“(e) Plan Required.—At the same time as the submission of the budget of the President (submitted to Congress pursuant to [section 1105 of title 31, United States Code](/us/usc/t31/s1105)) for each of fiscal years 2023 and 2024, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following:“(1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized—“(A) functionally, by the activities described in paragraphs
(1)through
(5)of subsection (b); and “(B) geographically by—“(i) areas west of the International Date Line; “(ii) States outside the contiguous United States east of the International Date Line; and “(iii) States in the contiguous United States. “(2) A summary of progress made toward achieving the purposes of the Initiative.135 STAT. 1982 “(3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region. “(4) A detailed timeline to achieve the requirements identified under paragraph (3). “(5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. “(6) Any other matter, as determined by the Secretary.” "; and
(4)in subsection (g), as redesignated, by striking “subsection (e)” and inserting “subsection (f)”. SEC. 1243. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 ([10 U.S.C. 113 note](/us/usc/t10/s113)) is amended to read as follows:"“SEC. 1202. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA.“(a) Annual Report.—Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. “(b) Matters to Be Included.—Each report under this section shall include analyses and forecasts, through the next 20 years, of the following:“(1) The goals, factors, and trends shaping Chinese security strategy and military strategy. “(2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People’s Republic of China, including the following:“(A) Developments in the defense policy and military strategy of the People’s Republic of China, and the role and mission of the People’s Liberation Army. “(B) The role of the People’s Liberation Army in the Chinese Communist Party, including the structure and leadership of the Central Military Commission. “(C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People’s Republic of China, including any activities supporting or implementing mass surveillance, mass detentions, forced labor, or gross violations of human rights. “(3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following:“(A) Chinese military-to-military relationships with other countries, including—135 STAT. 1983“(i) Chinese military attache presence, activities, exercises, and agreements with the militaries of other countries; and “(ii) military education programs conducted—“(I) in the People’s Republic of China for militaries of other countries; or “(II) in other countries for personnel of the People’s Liberation Army. “(B) Any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including—“(i) a forecast of possible future sales and transfers; “(ii) the implications of such sales and transfers for the security of the United States and its partners and allies; and “(iii) any significant assistance to and from any selling state with military-related research and development programs in the People’s Republic of China. “(C) Relations between the People’s Republic of China and the Russian Federation, and between the People’s Republic of China and Iran, with respect to security and military matters. “(4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. “(5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including—“(A) the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations; “(B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories; and “(C) developments relating to the Chinese Coast Guard, including its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. “(7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities, and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including—“(A) Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People’s Republic of China; and “(B) efforts by the People’s Republic of China to use the People’s Liberation Army to expand its presence and influence overseas and the implications of such efforts on United States’ national defense and security interests in—“(i) Latin America and the Caribbean; “(ii) Africa; and135 STAT. 1984 “(iii) the Indo-Pacific region, including the Pacific Islands. “(8) The strategy, policy, development, and modernization of key military capabilities of the People’s Republic of China across the People’s Liberation Army, including the following:“(A) The cyberwarfare and electronic warfare capabilities (including details on the number of malicious cyber incidents originating from the People’s Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People’s Republic of China. “(B) The space and counter-space programs and capabilities. “(C) The nuclear program and capabilities, including—“(i) its nuclear strategy and associated doctrines; “(ii) the size and state of its stockpile and projections of its future arsenals; “(iii) its civil and military production capacities; and “(iv) the modernization and force structure of its strategic forces. “(D) The anti-access and area denial capabilities . “(E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities and the applications for such program and capabilities for precision-guided weapons. “(9) Trends and developments in the budget, resources, strategies, and policies of the People’s Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People’s Republic of China, including—“(A) the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state- owned or state-controlled digital or physical infrastructure projects of the People’s Republic of China) and Chinese security and military strategy objectives, including—“(i) any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and “(ii) the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries, including in port or port-related infrastructure; and “(B) efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts.135 STAT. 1985 “(10) The strategy of the People’s Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including—“(A) the posture of the forces of the People’s Liberation Army facing Taiwan; and “(B) any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ([Public Law 96–8](/us/pl/96/8); [22 U.S.C. 3301 et seq.](/us/usc/t22/s3301/etseq)). “(11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People’s Republic of China, including—“(A) the role and activities of the People’s Liberation Army and maritime law enforcement, the People’s Armed Forces Maritime Militia or other subset national militias, and paramilitary entities of the People’s Republic of China; and “(B) any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. “(12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following:“(A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. “(B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. “(C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. “(D) Assessment.The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. “(E) Assessment.The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. “(F) Assessment.The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. “(G) Certification.The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). “(13) Any influence operations or campaigns by the People’s Republic of China targeting military alliances and partnerships of which the United States is a member, including—“(A) United States military alliances and partnerships targeted or that may be targeted; “(B) the objectives of such operations; “(C) the tactics, techniques, and procedures used; and “(D) the impact of such operations on military alliances and partnerships of which the United States is a member.135 STAT. 1986 “(14) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. “(c) Form.—Each report required by subsection
(a)shall be submitted in unclassified form but may include a classified annex. “(d) Specified Congressional Committees Defined.—In this section, the term ‘**specified congressional committees**’ means—“(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and “(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.” ". SEC. 1244. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP. Section 1253(b) of the National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended by striking “fiscal year 2021” and inserting “fiscal year 2022”. SEC. 1245. [10 USC 113 note](/us/usc/t10/s113).COOPERATIVE PROGRAM WITH VIETNAM TO ACCOUNT FOR VIETNAMESE PERSONNEL MISSING IN ACTION.(a) In General.—The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action.
(b)Purpose.—The purpose of the cooperative program under subsection
(a)is to carry out the following activities:(1) Collection, digitization, and sharing of archival information.
(2)Building the capacity of Vietnam to conduct archival research, investigations, and excavations.
(3)Improving DNA analysis capacity.
(4)Increasing veteran-to-veteran exchanges.
(5)Other support activities the Secretary of Defense considers necessary and appropriate.
(c)Termination.—The authority provided by subsection
(a)shall terminate on October 1, 2026. SEC. 1246. [22 USC 3301 note](/us/usc/t22/s3301).SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS. It is the sense of Congress that—(1) the Taiwan Relations Act ([Public Law 96–8](/us/pl/96/8); [22 U.S.C. 3301 et seq.](/us/usc/t22/s3301/etseq)) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;
(2)as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;
(3)the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan is contrary to the expectation of a peaceful resolution of the future of Taiwan;135 STAT. 1987
(4)as set forth in the Taiwan Relations Act, the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan and the policy of the United States to make available to Taiwan such defense articles and defense services in such quantities as may be necessary to enable Taiwan to maintain a sufficient self-defense capability should be maintained; and
(5)the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan;
(B)ensuring timely review of and response to requests by Taiwan for defense articles and services;
(C)conducting practical training and military exercises with Taiwan, including, as appropriate, inviting Taiwan to participate in the Rim of the Pacific exercise conducted in 2022, that enable Taiwan to maintain a sufficient self-defense capability, as described in the Taiwan Relations Act;
(D)deepening interoperability with Taiwan in defensive capabilities, including maritime and air domain awareness and integrated air and missile defense systems;
(E)encouraging exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ([Public Law 115-135](/us/pl/115/135); [132 Stat. 341](/us/stat/132/341)), especially for the purposes of—(i) enhancing cooperation on defense planning;
(ii)improving the interoperability of the military forces of the United States and Taiwan; and
(iii)improving the reserve force of Taiwan;
(F)identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and
(G)expanding cooperation in humanitarian assistance and disaster relief. SEC. 1247. STATEMENT OF POLICY ON TAIWAN.(a) Statement of Policy.—Consistent with the Taiwan Relations Act ([22 U.S.C. 3301](/us/usc/t22/s3301) et. seq.), it shall be the policy of the United States to maintain the capacity of the United States to resist a fait accompli that would jeopardize the security of the people on Taiwan.
(b)Definition.—In this section, the term “**fait accompli**” refers to the resort to force by the People’s Republic of China to invade and seize control of Taiwan before the United States can respond effectively.135 STAT. 1988 SEC. 1248. ANNUAL REPORT ON TAIWAN ASYMMETRIC CAPABILITIES AND INTELLIGENCE SUPPORT.(a) In General.—The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall each year through fiscal year 2027, consistent with the Taiwan Relations Act ([Public Law 96-8](/us/pl/96/8); [22 U.S.C. 3302(c)](/us/usc/t22/s3302/c)), perform an annual assessment of matters related to Taiwan, including intelligence matters, Taiwan’s asymmetric defensive capabilities, and how defensive shortcomings or vulnerabilities of Taiwan could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following:(1) Assessment.An intelligence assessment regarding—(A) conventional military threats to Taiwan from China, including exercises intended to intimidate or coerce Taiwan; and
(B)irregular warfare activities, including influence operations, conducted by China to interfere in or undermine the peace and stability of the Taiwan Strait.
(2)The current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional and irregular military threats.
(3)The interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners.
(4)The plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan.
(5)A description of additional personnel, resources, and authorities in Taiwan or in the United States that may be required to meet any shortcomings in the development of Taiwan’s defensive capabilities identified pursuant to this section.
(6)The applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act.
(7)The feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements.
(8)An assessment of ways in which the United States could enhance cooperation with on intelligence matters with Taiwan.
(9)A description of any non-Department of Defense efforts by the United States Government to build the capacity of Taiwan to disrupt external efforts that degrade its free and democratic society.
(10)A description of any significant efforts by the Defense Intelligence Enterprise and other elements of the intelligence community to coordinate technical and material support for Taiwan to identify, disrupt, and combat influence operations referred to in this subsection.
(11)Any other matter the Secretary of Defense considers appropriate.
(b)Plan.—The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities and addressing vulnerabilities identified pursuant to subsection
(a)that includes—135 STAT. 1989(1) Recommenda-tions.recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ([Public Law 96-8](/us/pl/96/8); [22 U.S.C. 3301 et seq.](/us/usc/t22/s3301/etseq));
(2)an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and
(3)an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act.
(c)Report.—Not later than 180 days after the date of the enactment of this Act, and annually through fiscal year 2027, the Secretary of Defense shall submit to the appropriate committees of Congress—(1) Assessment.a report on the results of the assessment required by subsection (a); and
(2)the plan required by subsection (b).
(d)Form.—The report required by subsection
(c)shall be submitted in unclassified form, but may include a classified annex.
(e)Definitions.—In this section:(1) The term “**appropriate committees of Congress**” means—(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(B)the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
(2)The term “**defensive asymmetric capabilities**” means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces. SEC. 1249. FEASIBILITY BRIEFING ON COOPERATION BETWEEN THE NATIONAL GUARD AND TAIWAN.(a) Deadline.In General.—Not later than February 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan.
(b)Elements.—The briefing required by subsection
(a)shall include the following:(1) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities.
(2)Evaluation.An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including—(A) disaster and emergency response;
(B)cyber defense and communications security;
(C)military medical cooperation;
(D)Mandarin-language education and cultural exchange; and135 STAT. 1990
(E)programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan.
(3)Recommenda-tions.Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments.
(4)Any other matter the Secretary of Defense considers appropriate. SEC. 1250. FEASIBILITY REPORT ON ESTABLISHING MILITARY-TO-MILITARY CRISIS COMMUNICATIONS CAPABILITIES.(a) Deadline.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the feasibility and advisability of establishing military-to-military communications with a covered strategic competitor.
(b)Elements.—The report required by subsection
(a)shall include the following:(1) An articulation of—(A) the importance of military-to-military communications with a covered strategic competitor; and
(B)the utility of such communications to enable clear transmission of messages from the government of the United States, avoid misunderstandings, and reduce the possibility of miscalculation.
(2)A description of the current process and capabilities relating to communications with a covered strategic competitor, including the means, levels of seniority, and timelines for such communications.
(3)An identification of opportunities for improving military-to-military crisis communications with a covered strategic competitor, including the preferred means, levels of seniority, and timelines for such communications.
(4)An identification of challenges to establishing more military-to-military communications with a covered strategic competitor.
(5)Any other matter the Secretary of Defense considers appropriate.
(c)Definitions.—In this section:(1) The term “**covered strategic competitor**” means a near-peer country identified by the Secretary of Defense and National Defense Strategy.
(2)The term “**appropriate committees of Congress**” means—(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and
(B)the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. SEC. 1251. COMPARATIVE ANALYSES AND REPORTS ON EFFORTS BY THE UNITED STATES AND THE PEOPLE’S REPUBLIC OF CHINA TO ADVANCE CRITICAL MODERNIZATION TECHNOLOGY WITH RESPECT TO MILITARY APPLICATIONS.(a) Comparative Analyses.—(1) Development of procedures.—135 STAT. 1991
(A)Deadline.In general.—Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Office of Net Assessment, shall develop procedures by which comparative analyses, including the assessments under paragraph (2), shall be conducted.
(B)Elements.—The procedures developed under subparagraph (A)—(i) shall include processes—(I) by which senior officials of the Department of Defense may request that such comparative analyses be conducted with respect to a specific technology, sector, or system of interest;
(II)by which teams of technical, industrial, policy, intelligence, and operational experts consisting of personnel of the Department and private sector organizations may be established for the purpose of conducting such comparative analyses;
(III)to ensure adequate funding to support the conduct of such comparative analyses; and
(IV)by which classified and unclassified information, including necessary data, records, and technical information, may be shared with Department personnel for the purpose of carrying out such comparative analyses; and
(ii)may include the development of quantitative and qualitative metrics for use in, and new intelligence collection requirements to support, such comparative analyses.
(2)Comparative analysis assessments.—(A) In general.—The Under Secretary, in coordination with the Director of the Office of Net Assessment, shall conduct a comparative analysis assessment of the efforts of the United States Government and the Government of the People’s Republic of China to develop and deploy critical modernization technology with respect to military applications in each of the following areas of critical modernization technology:(i) Directed energy systems.
(ii)Hypersonics.
(iii)Emerging biotechnologies.
(iv)Quantum science.
(v)Cyberspace capabilities.
(B)Elements.—Each comparative analysis assessment under subparagraph
(A)shall include an evaluation of each of the following:(i) With respect to the applicable area of critical modernization technology described in subparagraph (A), research and development activities carried out in the United States and the People’s Republic of China by governmental entities and nongovernmental entities.
(ii)The ability of research programs carried out by the United States Government and the Government of the People’s Republic of China to achieve the goals of—135 STAT. 1992(I) transitioning emerging technologies into acquisition efforts and operational use; and
(II)incorporating emerging technologies into military applications.
(iii)Operational effectiveness and suitability of current or planned defense systems of the United States and the People’s Republic of China, including relevant operational concepts relating to the application and operationalization of critical modernization technologies.
(iv)The ability of defense systems of the United States and the People’s Republic of China to counter relevant threat capabilities.
(b)Reports.—(1) Initial report.—Not later than March 15, 2022, the Under Secretary shall submit a report and provide a briefing to the congressional defense committees on efforts to develop the procedures required by subsection (a)(1).
(2)Assessments.Subsequent reports.—(A) Directed energy systems and hypersonics.—Not later than December 31, 2023, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses
(i)and
(ii)of subsection (a)(2)(A).
(B)Emerging biotechnologies, quantum science, and cyberspace capabilities.—Not later than December 31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (iii), (iv), and
(v)of subsection (a)(2)(A).
(C)Elements.—The reports required by subparagraphs
(A)and
(B)shall include the following for each such comparative analysis assessment:(i) The results of the evaluation of each element described in subsection (a)(2)(B).
(ii)Analysis.An analysis of significant research and development programs and activities outside the United States or the People’s Republic of China designed to advance the applicable area of critical modernization technology described in subsection (a)(2)(A), and a discussion of such programs and activities.
(iii)With respect to each such area of critical modernization technology, an identification of any area in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of whether the United States or the People’s Republic of China has an advantage would be inconclusive.
(iv)A description of the limitations, constraints, and challenges encountered in carrying out the comparative analysis assessment.
(v)A description of any other research and development efforts or elements the Under Secretary considers appropriate for purposes of the comparative analysis assessment.135 STAT. 1993
(vi)Recommenda-tions.Assessment.Recommendations with respect to additional activities by the Department necessary to address the findings of the comparative analysis assessment.
(D)Form.—The reports required by subparagraphs
(A)and
(B)shall be submitted in unclassified form but may contain a classified annex.
(c)Agreement With a Federally Funded Research and Development Corporation Authorized.—(1) In general.—The Under Secretary may enter into an agreement with a federally funded research and development corporation under which such corporation may—(A) Assessment.carry out any part of a comparative analysis assessment required by subsection (a); or
(B)prepare the reports required by subsection (b)(2).
(2)Notification.—If the Under Secretary enters into an agreement under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that—(A) identifies the federally funded research and development corporation concerned; and
(B)describes the scope of work under the agreement. SEC. 1252. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN THE INDO-PACIFIC REGION. It is the sense of Congress that the Secretary of Defense should recommit to and strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People’s Republic of China, including by—(1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence;
(2)reinforcing the United States alliance with the Republic of Korea and maintaining the presence of approximately 28,500 members of the United States Armed Forces deployed to the country, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, in support of the shared objective of a peaceful and stable Korean Peninsula;
(3)fostering bilateral and multilateral cooperation with Australia, consistent with the Australia, New Zealand, United States Security Treaty, to advance shared security objectives and build the capabilities of emerging partners;
(4)advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments in strategic technology sectors and critical infrastructure;
(5)broadening the engagement of the United States with India, including through the Quadrilateral Security Dialogue—(A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and135 STAT. 1994
(B)to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19;
(6)strengthening the United States partnership with Taiwan, consistent with the Three Communiques, the Taiwan Relations Act ([Public Law 96-8](/us/pl/96/8); [22 U.S.C. 3301 et seq.](/us/usc/t22/s3301/etseq)), and the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful cross- strait relations;
(7)reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training, including the use of the Foreign Military Sales Training Center at Ebbing Air National Guard Base in Fort Smith, Arkansas and a fighter training detachment in Guam;
(8)engaging with the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the goal of strengthening regional security and addressing issues of mutual concern, including protecting fisheries from illegal, unreported and unregulated fishing; and
(9)investing in enhanced military posture and capabilities in the United States Indo-Pacific Command area of responsibility and strengthening cooperation in bilateral relationships, multilateral partnerships, and other international fora to uphold global security and shared principles, with the goal of ensuring the maintenance of a free and open Indo-Pacific region. TITLE XIII—OTHER MATTERS RELATING TO FOREIGN NATIONS Subtitle A— Matters Relating to Europe and NATO Sec. 1301. Sense of Congress on North Atlantic Treaty Organization allies and partners. Sec. 1302. Report on Armenia-Azerbaijan conflict. Sec. 1303. Report on the state of United States military investment in Europe, including the European Deterrence Initiative. Subtitle B— United States-Greece Defense and Interparliamentary Partnership Act of 2021 Sec. 1311. Sense of Congress. Sec. 1312. Funding for the European Recapitalization Incentive Program. Sec. 1313. Sense of Congress on loan program. Sec. 1314. Sense of Congress on transfer of F–35 Joint Strike Fighter aircraft to Greece. Sec. 1315. IMET cooperation with Greece. Sec. 1316. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group. Sec. 1317. Appropriate congressional committees. Subtitle C— Security Cooperation and Assistance Sec. 1321. Clarification of requirements for contributions by participants in the American, British, Canadian, and Australian Armies’ Program. Sec. 1322. Foreign Area Officer assessment and review. Sec. 1323. Study on certain security cooperation programs. Sec. 1324. Notification relating to overseas humanitarian, disaster, and civic aid funds obligated in support of operation allies welcome.135 STAT. 1995 Subtitle D— Other Matters Sec. 1331. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1332. Secretary of Defense Strategic Competition Initiative. Sec. 1333. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1334. Pilot program to support the implementation of the Women, Peace, and Security act of 2017. Sec. 1335. Annual report on Comprehensive Nuclear-Test-Ban Treaty sensors. Sec. 1336. Security assistance in Northern Triangle countries. Sec. 1337. Report on human rights in Colombia. Sec. 1338. Report on efforts by the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean. Sec. 1339. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1340. Statement of policy and report on Yemen. Sec. 1341. Limitation on support to military forces of the Kingdom of Morocco for multilateral exercises. Subtitle A—Matters Relating to Europe and NATO SEC. 1301. SENSE OF CONGRESS ON NORTH ATLANTIC TREATY ORGANIZATION ALLIES AND PARTNERS. It is the sense of Congress as follows:(1) The North Atlantic Treaty Organization
(NATO)remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law, and its contributions to the collective defense are indispensable to the security, prosperity, and freedom of its members.
(2)The success of NATO is critical to achieving United States national security objectives in Europe and around the world, including deterring Russian aggression, upholding territorial integrity and sovereignty in Europe, addressing strategic competition and mitigating shared security concerns, countering malign efforts to undermine the rules-based international order and disrupt shared values, and fostering international cooperation against collective challenges.
(3)The United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to uphold its obligations under the North Atlantic Treaty, including Article 5 of the Treaty, and remains steadfastly committed to upholding and strengthening its defense alliances and partnerships in the European theater.
(4)The commitment of NATO allies in response to the invocation of Article 5 of the North Atlantic Treaty following attacks on the United States homeland on September 11, 2001, and during years of counterterrorism, humanitarian, and stabilization operations in Afghanistan has been invaluable, and the sacrifices of NATO allies deserve the highest order of respect and gratitude.
(5)The national security challenges posed by the Russian Government against NATO allies and partners are of grave concern to the United States and a top NATO defense priority. Since the invasion of Ukraine in 2014, the Russian Government has not improved its behavior and has, in many aspects, become increasingly belligerent. Aggression against NATO allies and 135 STAT. 1996 United States partners is unacceptable, and Russia’s willingness to engage in far-reaching, risky actions contrary to the international order poses major risks to United States national security interests that must be met with sustained engagement, investment in credible deterrence, and vigilance.
(6)The United States should continue to deepen cooperation on defense issues with non-NATO European partners, bilaterally and as part of the NATO alliance, encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens shared security goals, interoperability, and allies’ commitment to Article 3 of the North Atlantic Treaty, build on recent progress in NATO allies achieving defense spending goals agreed to at the 2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels Summit, and build consensus to plan, organize, and invest in the full range of defense capabilities necessary to deter and defend against potential adversaries.
(7)The United States should continue to enhance United States and allied force posture in Europe in order to establish and sustain a credible deterrent against Russian aggression and long-term strategic competition by the Russian Government, including continued robust support for the European Deterrence Initiative and other investments, ongoing use of rotational deployments and robust exercises in the European theater, improved forward-stationing of forces to enhance deterrence and reduce cost, additional planning and efforts to mitigate contested logistics challenges, implementation of key initiatives to enhance readiness, military mobility, and national resilience, and effective investments in multi-service, cyber, information, and air defense efforts to counter modern military challenges.
(8)Following the end of the Resolute Support Mission in Afghanistan, it is essential that the United States consider ways to continue the benefits of combined interaction alongside NATO allies and United States partners to continue strengthening interoperability and cooperation.
(9)The Black Sea is a strategically significant region to United States interests and to the security of United States allies and partners, especially in light of Russia’s actions in the region and illegal occupation of territory. The United States should continue security cooperation efforts, exercises, and training with regional allies and partners, regional posture enhancements, and support for those allies’ and partners’ pursuit of their own defenses, as well as joint efforts that enhance interoperability and information sharing.
(10)Enhancing security and stability in the Western Balkans is a goal that the United States shares with European allies and partners. The United States should continue its efforts to build interoperability and support institutional reforms of the militaries of the Western Balkan nations, including both NATO allies and partners. The United States should also support those nations’ efforts to resist disinformation campaigns, predatory investments, efforts to promote instability, and other means by which Russia and China may seek to influence this region of Europe.
(11)Estonia, Latvia, and Lithuania are model allies and play a critical role in strategic efforts to ensure continued 135 STAT. 1997 deterrence against aggression by Russia and maintain the collective security of the NATO alliance. The security of the Baltic region is crucial to the security of the NATO alliance.
(12)The United States should continue to pursue efforts consistent with the comprehensive, multilateral Baltic Defense Assessment of the military requirements of Estonia, Latvia, and Lithuania issued in December 2020. Robust support to accomplish United States strategic objectives, including by providing assistance to the Baltic countries through security cooperation referred to as the Baltic Security Initiative pursuant to sections 332 and 333 of [title 10, United States Code](/us/usc/t10), should be prioritized in the years to come. Specifically, the continuation of—(A) efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of NATO efforts;
(B)infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region;
(C)efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and
(D)support for planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized. SEC. 1302. REPORT ON ARMENIA-AZERBAIJAN CONFLICT.(a) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the relevant congressional committees a report on the 2020 conflict between Armenia and Azerbaijan.
(b)Elements.—The report required by subsection
(a)shall include the following:(1) Assessment.An assessment of the use of United States weapon systems or controlled technology that were employed in the 2020 conflict, including a list of the origins of such items, if known.
(2)A description of the involvement of foreign actors in the conflict, including a description of the military activities, influence operations, foreign military sales, and diplomatic engagement by foreign countries before, during, and after the conflict, and efforts by parties to the conflict or foreign actors to recruit or employ foreign fighters or private military organizations during the conflict. Such description may include a classified annex, if necessary.
(3)Any violations of the November 9, 2020, agreement, including the continued detention of prisoners of war or captured civilians.
(4)Any other matter the Secretary considers appropriate.
(c)Relevant Congressional Committees.—In this section, the term “**relevant congressional committees**” means the Committee on Foreign Affairs and Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and Committee on Armed Services of the Senate.
(d)Sense of Congress.—It is the sense of Congress that—(1) the parties to the conflict must adhere to their obligations under the November 9, 2020, agreement and international 135 STAT. 1998 law, including to immediately release all prisoners of war and captured civilians;
(2)the parties to the conflict must refrain from the use of force and threats to use force in pursuit of diplomatic resolutions to any outstanding disputes; and
(3)the United States should engage with parties to the conflict, including redoubling engagement with the Minsk Group, to make clear the importance of adhering to these obligations and advance diplomatic progress. SEC. 1303. REPORT ON THE STATE OF UNITED STATES MILITARY INVESTMENT IN EUROPE, INCLUDING THE EUROPEAN DETERRENCE INITIATIVE. Assessments.Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the current state of United States defense investment in Europe, with particular focus on United States military infrastructure requirements, including the European Deterrence Initiative. Such report shall include the following elements:(1) An assessment of the progress made by the Department of Defense toward achieving the stated objectives of the European Deterrence Initiative
(EDI)over its lifetime, and the extent to which EDI funding has aligned with such objectives.
(2)An assessment of the current state of the United States defense posture in Europe.
(3)An assessment of further investments required to improve United States military mobility in the United States European Command area of responsibility, including efforts to—(A) address contested logistics; and
(B)improve physical impediments and regulatory challenges to movement by air, rail, road, or waterway across such area of responsibility.
(4)An assessment of the current state of United States prepositioned stocks in Europe, including a description of both completed and underway projects, timelines for completion of underway projects, and estimated sustainment costs upon completion of such projects.
(5)An assessment of the current state of United States munitions in Europe, including the adequacy to satisfy United States needs in a European contingency, and a description of any plans to adjust munitions stocks.
(6)An assessment of the current state of United States antisubmarine warfare assets, organization, and resources in the United States European Command and Second Fleet areas of responsibility, including—(A) the sufficiency of such assets, organization, and resources to counter Russian submarine threats; and
(B)the sufficiency of United States sonobuoy stocks, antisubmarine warfare platforms, and undersea sensing equipment.
(7)An assessment of the current state of the United States naval presence in the United States European Command area of responsibility and the ability of such presence to respond to future challenges in the Black Sea, Mediterranean Sea, and Arctic region, including a description of any future plans 135 STAT. 1999 regarding increased naval force structure forward stationed in Europe and associated timelines.
(8)An assessment of the current state of United States Air Force operational planning and resourcing in the European theater, including the current state of prepositioned Air Force equipment, activities, and relevant infrastructure.
(9)An assessment of the current state of United States defense information operations capabilities dedicated to the United States European Command area of responsibility, and any defense resources required or policies needed to strengthen such capabilities.
(10)An assessment of all purchases, investments, and expenditures made by any Armed Force under the jurisdiction of the Secretary of a military department and identified as part of the EDI, since its inception, that have been diverted for purposes or uses other than the objectives of the EDI, including a list of all purchases, investments, and expenditures that were requested to support the EDI since its inception that were not ultimately employed for the objectives of the EDI and the respective dollar values of such purchaes, investments, and expenditures.
(11)An assessment of the current state of EDI military construction efforts in Europe.
(12)An assessment of United States European Command’s planned exercise schedule in coming years, the estimated resourcing requirements to fulfill such schedule, and what percentage of such resourcing is expected to come from EDI.
(13)Any other information the Secretary determines relevant. Subtitle B—United States-Greece Defense and Interparliamentary Partnership Act of 2021 SEC. 1311. SENSE OF CONGRESS. It is the sense of Congress that—(1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity;
(2)the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members;
(3)the United States should increase and deepen efforts to partner with and support the modernization of the Greek military;
(4)it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Incentive Program;
(5)the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece;
(6)the United States should, as appropriate, support the sale of F–35 Joint Strike Fighters to Greece;135 STAT. 2000
(7)the United States Government should continue to invest in International Military Education and Training programs in Greece;
(8)the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel;
(9)in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity;
(10)the extension of the Mutual Defense Cooperation Agreement with Greece for a period of five years includes deepened partnerships at Greek military facilities throughout the country and is a welcome development; and
(11)the United States Government should establish the United States-Eastern Mediterranean Energy Center, as authorized by section 204 of the Eastern Mediterranean Energy and Security Partnership Act of 2019 ([22 U.S.C. 2373 note](/us/usc/t22/s2373)). SEC. 1312. [22 USC 2373 note](/us/usc/t22/s2373).FUNDING FOR THE EUROPEAN RECAPITALIZATION INCENTIVE PROGRAM.(a) In General.—To the maximum extent feasible, amounts appropriated or otherwise made available for the European Recapitalization Incentive Program should be considered for Greece as appropriate to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment.
(b)Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that provides a full accounting of all funds distributed under the European Recapitalization Incentive Program, including—(1) identification of each recipient country;
(2)a description of how the funds were used; and
(3)an accounting of remaining equipment in recipient countries that was provided by the then-Soviet Union or Russian Federation. SEC. 1313. SENSE OF CONGRESS ON LOAN PROGRAM. It is the sense of Congress that, as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ([22 U.S.C. 2763](/us/usc/t22/s2763)) to support the further development of Greece’s military forces. SEC. 1314. SENSE OF CONGRESS ON TRANSFER OF F–35 JOINT STRIKE FIGHTER AIRCRAFT TO GREECE. It is the sense of Congress that the President has the authority to expedite delivery of any future F–35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require, pursuant to the certification requirements under section 36 of the Arms Export Control Act ([22 U.S.C. 2776](/us/usc/t22/s2776)).135 STAT. 2001 SEC. 1315. IMET COOPERATION WITH GREECE. Time periods.For each of fiscal years 2022 through 2026, there is authorized to be appropriated $1,800,000 for International Military Education and Training assistance for Greece, which may be made available for the following purposes:(1) Training of future leaders.
(2)Fostering a better understanding of the United States.
(3)Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future.
(4)Enhancement of interoperability and capabilities for joint operations.
(5)Focusing on professional military education, civilian control of the military, and protection of human rights. SEC. 1316. [22 USC note](/us/usc/t22)prec. 261.CYPRUS, GREECE, ISRAEL, AND THE UNITED STATES 3+1 INTERPARLIAMENTARY GROUP.(a) Establishment.—There is established a group, to be known as the “Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group”, to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019.
(b)Membership.—The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the “United States group”, who shall be appointed in equal numbers by the majority leader and the minority leader of the Senate. The majority leader and the minority leader of the Senate shall also serve as ex officio members of the United States group.
(c)Meetings.—Not less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People’s Republic of China and the Russian Federation.
(d)Authorization of Appropriations.—(1) In general.—There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group.
(2)Availability of funds.—Amounts appropriated pursuant to the authorization under this subsection are authorized to remain available until expended.
(e)Termination.—The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall terminate 4 years after the date of the enactment of this Act. SEC. 1317. [22 USC 2373 note](/us/usc/t22/s2373).APPROPRIATE CONGRESSIONAL COMMITTEES. In this subtitle, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(2)the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.135 STAT. 2002 Subtitle C—Security Cooperation and Assistance SEC. 1321. CLARIFICATION OF REQUIREMENTS FOR CONTRIBUTIONS BY PARTICIPANTS IN THE AMERICAN, BRITISH, CANADIAN, AND AUSTRALIAN ARMIES’ PROGRAM. Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 ([10 U.S.C. 2350a note](/us/usc/t10/s2350a)) is amended—(1) by amending subsection
(c)to read as follows:"“(c) Contributions by Participants.—“(1) In general.—An agreement under subsection
(a)shall provide that—“(A) the United States, as the host country for the Program, shall provide office facilities and related office equipment and supplies for the Program; and “(B) each participating country shall contribute its equitable share of the remaining costs for the Program, including—“(i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and “(ii) any amount allocated against the country for monetary claims as a result of participation in the Program, in accordance with the agreement. “(2) Equitable contributions.—The contributions, as allocated under paragraph
(1)and set forth in an agreement under subsection (a), shall be considered equitable for purposes of this subsection and section 27(c) of the Arms Export Control Act ([22 U.S.C. 2767(c)](/us/usc/t22/s2767/c)). “(3) Authorized contribution.—An agreement under subsection
(a)shall provide that each participating country may provide its contribution in funds, in personal property, in services required for the Program, or any combination thereof. “(4) Funding for united states contribution.—Any monetary contribution by the United States to the Program that is provided in funds shall be made from funds available to the Department of Defense for operation and maintenance. “(5) Contributions and reimbursements from other participating countries.—“(A) In general.—The Secretary of Defense may accept from any other participating country a contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program. “(B) Credit to appropriations.—Any contribution or reimbursement of funds received by the United States from any other participating country to meet that country’s share of the costs of the Program shall be credited to the appropriations available to the appropriate military department, as determined by the Secretary of Defense. “(C) Treatment of personal property.—Any contribution or reimbursement of personal property received under this paragraph may be—“(i) retained and used by the Program in the form in which it was contributed;135 STAT. 2003 “(ii) sold or otherwise disposed of in accordance with such terms, conditions, and procedures as the members of the Program consider appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or “(iii) converted into a form usable by the Program. “(D) Use of credited funds.—“(i) In general.—Amounts credited under subparagraph
(B)or (C)(ii) shall be—“(I) merged with amounts in the appropriation concerned; “(II) subject to the same conditions and limitations as amounts in such appropriation; and “(III) available for payment of Program expenses described in clause (ii). “(ii) Program expenses described.—The Program expenses described in this clause include—“(I) payments to contractors and other suppliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program; “(II) payments for any damages or costs resulting from the performance or cancellation of any contract or other obligation in support of the Program; “(III) payments or reimbursements for other Program expenses; or “(IV) refunds to other participating countries.” "; and
(2)by striking subsection (g). SEC. 1322. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW.(a) Findings.—Congress finds the following:(1) Foreign Area Officers of the Army and their equivalent positions in the other Armed Forces (in this section referred to as “FAOs”) are trained to manage, grow, and enhance security cooperation relationships between the United States and foreign partners and to build the overall military capacity and capabilities of foreign partners.
(2)At present, some senior defense official positions in United States embassies are filled by officers lacking the necessary skills, training, and experience to strengthen the relationships between the United States and its critical partners and allies.
(3)FAOs are trained to fill those positions, and deficiencies in the equitable use, assessment, promotion, diversity and inclusion of such officers, as well as limitations on career opportunities, undermine the ability of the Department of Defense to strengthen partnerships and alliances of the United States.
(4)A federally funded research and development center can provide a roadmap to correcting these deficiencies, strengthening the FAO branch, and placing qualified FAOs in positions of positive influence over United States partnerships and alliances.
(b)Assessment and Review Required.—135 STAT. 2004
(1)Deadline.Assessment.Review.In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to conduct an independent assessment and comprehensive review of the process by which Foreign Area Officers and their equivalent positions in the other Armed Forces (in this section referred to as “FAOs”) are recruited, selected, trained, assigned, organized, promoted, retained, and used in security cooperation offices, senior defense roles in U.S. embassies, and in other critical roles of engagement with allies and partners.
(2)Assessments.Review.Elements.—The assessment and review conducted under paragraph
(1)shall include the following:(A) Identification and assessment of the number and location of senior defense official billets, including their grade structure and availability to FAOs.
(B)A review of the cultural, racial, and ethnic diversity of FAOs.
(C)An assessment of the assignment process for FAOs.
(D)A review and assessment of the promotion criteria, process, and possible pathways for career advancement for FAOs.
(E)A review of the organization and categorization of FAOs by geographic region.
(F)An assessment of the training program for FAOs and its effectiveness.
(G)An assessment of the available career paths for FAOs.
(H)An assessment of the criteria used to determine staffing requirements for senior defense official positions and security cooperation roles for uniformed officers.
(I)A review of the staffing of senior defense official and security cooperation roles and assessment to determine whether requirements are being met through the staffing process.
(J)An assessment of how the broader utilization of FAOs in key security cooperation and embassy defense leadership billets would improve the quality and professionalism of the security cooperation workforce under [section 384 of title 10, United States Code](/us/usc/t10/s384).
(K)A review of how many FAO opportunities are joint-qualifying and an assessment of whether increasing the number of joint-qualified opportunities for FAOs would increase recruitment, retention, and promotion.
(L)Any other matters the Secretary determines relevant.
(c)Results.—The federally funded research and development center conducting the assessment and review described in subsection
(b)shall submit to the Secretary the results of such assessment and review, which shall include the following:(1) A summary of the research and activities undertaken to carry out the assessment required by subsection (b).
(2)Considerations and recommendations, including legislative recommendations, to achieve the following:(A) Improving the assessment, promotion, assignment selection, retention, and diversity of FAOs.135 STAT. 2005
(B)Assigning additional FAOs to positions as senior defense officials.
(d)Submission to Congress.—(1) Deadline.In general.—Not later than December 31, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives—(A) an unaltered copy of the results submitted pursuant to subsection (c); and
(B)the written responses of the Secretary and the Chairman of the Joint Chiefs of Staff to such results.
(2)Form.—The submission under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. SEC. 1323. STUDY ON CERTAIN SECURITY COOPERATION PROGRAMS.(a) Deadline.In General.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a federally funded research and development center with the appropriate expertise and analytical capability to carry out the study described in subsection (b).
(b)Assessments.Study.—The study described in this subsection shall—(1) provide for a comprehensive assessment of strategic and operational lessons collected from the war in Afghanistan that can be applied to existing and future security cooperation programs;
(2)identify metrics used in the war in Afghanistan to measure progress in partner capacity building and defense institution building and whether such metrics are sufficient for measuring progress in future security cooperation programs;
(3)assess challenges related to strategic planning for capacity building, baseline assessments of partner capacity, and issues related to project sustainment, and recommendations for how to manage such challenges;
(4)assess Department of Defense coordination with coalition partners engaged in partner capacity building and defense institution building efforts, and recommendations for how to improve such coordination;
(5)identify risks posed by rapid expansion or reductions in security cooperation, and recommendations for how to manage such risks;
(6)identify risks posed by corruption in security cooperation programs and recommendations for how to manage such risks;
(7)assess best practices and training improvements for managing cultural barriers in partner countries, and recommendations for how to promote cultural competency;
(8)assess the effectiveness of the Department of Defense in promoting the rights of women, including incorporating a gender perspective in security cooperation programs, in accordance with the Women, Peace and Security Strategic Framework and Implementation Plan issued by the Department of Defense in June 2020 and the Women, Peace, and Security Act of 2017 ([Public Law 115–68](/us/pl/115/68));
(9)identify best practices to promote partner country ownership of long-term objectives of the United States including with respect to human rights, democratic governance, and the rule of law;135 STAT. 2006
(10)assess challenges related to contractors of the Department of Defense, including cost, limited functions, and oversight; and
(11)assess best practices for sharing lessons on security cooperation with allies and partners.
(c)Report.—(1) To secretary of defense.—Not later than two years after the date on which a federally funded research and development center enters into a contract described in subsection (a), such center shall submit to the Secretary of Defense a report containing the results of the study required under this section.
(2)To congress.— Not later than 30 days after the receipt of the report under paragraph (1), the Secretary of Defense shall submit to Congress such report, which shall be made public, together with any additional views or recommendations of the Secretary, which may be transmitted in a classified annex. SEC. 1324. Deadline.Time period.NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID FUNDS OBLIGATED IN SUPPORT OF OPERATION ALLIES WELCOME. Not later than 30 days after the date of the enactment of this Act and every 120 days thereafter until all applicable funds have been obligated in support of Operation Allies Welcome or any successor operation, the Secretary of Defense shall submit to the congressional defense committees a notification that includes—(1) Costs.the costs associated with the provision of transportation, housing, medical services, and other sustainment expenses for Afghan special immigrant visa applicants and other Afghans at risk; and
(2)whether such funds were obligated under a reimbursable or nonreimbursable basis. Subtitle D—Other Matters SEC. 1331. EXTENSION AND MODIFICATION OF AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.(a) Extension.—Subsection
(a)of section 1213 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2731 note](/us/usc/t10/s2731)) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.
(b)Modification to Conditions on Payment.—Subsection
(b)of such section is amended—(1) in paragraph
(1)to read as follows:"“(1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law;” ";
(2)in paragraph (2), by striking “a claim” and inserting “a request”;
(3)in paragraph (4), by striking “the claimant” and inserting “the prospective foreign civilian recipient”; and
(4)in paragraph (5), by striking “the claimant” and inserting “the prospective foreign civilian recipient”.
(c)Modifications to Quarterly Report Requirement.—Subsection
(g)of such section is amended—135 STAT. 2007(1) in paragraph (1)(B), by striking “claims” and inserting “requests”; and
(2)by adding at the end the following:"“(3) The status of Department of Defense efforts to establish the requests procedures required under subsection (d)(1) and to otherwise implement this section.” ".
(d)Modification to Procedure to Submit Requests.—Such section is further amended—(1) by redesignating subsections
(d)through
(h)as subsections
(e)through (i), respectively; and
(2)by inserting after subsection
(c)the following:"“(d) Procedures to Review Allegations.—“(1) Deadline.Procedures required.—Not later than 180 days after the date of enactment of this subsection, the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States. Such responses may include—“(A) a formal acknowledgement of such harm; “(B) a nonmonetary expression of condolence; or “(C) an ex gratia payment. “(2) Consultation.—In establishing the procedures under paragraph (1), the Secretary of Defense shall consult with the Secretary of State and with nongovernmental organizations that focus on addressing civilian harm in conflict. “(3) Deadline.Policy updates.—Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall ensure that procedures established under paragraph
(1)are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [10 U.S.C. 134 note](/us/usc/t10/s134)).” ".
(e)[10 USC 2731 note](/us/usc/t10/s2731).Rule of Construction.—Nothing in this section or the amendments made by this section may be construed to require the Secretary of Defense to pause, suspend, or otherwise alter the provision of ex gratia payments in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020, as amended, in the course of developing the procedures required by subsection
(d)of such section (as added by subsection
(d)of this section). SEC. 1332. [10 USC 301 note](/us/usc/t10/s301).SECRETARY OF DEFENSE STRATEGIC COMPETITION INITIATIVE.(a) In General.—The Secretary of Defense, with the concurrence of the Secretary of State, may provide funds for one or more Department of Defense activities or programs described in subsection
(b)that advance United States national security objectives for strategic competition by supporting Department of Defense efforts to compete below the threshold of armed conflict and by supporting other Federal departments and agencies in advancing United States strategic interests.
(b)Authorized Activities and Programs.—Activities and programs for which funds may be provided under subsection
(a)are the following:(1) The provision of funds to pay for personnel expenses of foreign defense or security personnel for bilateral or regional 135 STAT. 2008 security cooperation programs and joint exercises, in accordance with [section 321 of title 10, United States Code](/us/usc/t10/s321).
(2)Activities to build the institutional capacity of foreign national security forces, including efforts to counter corruption, in accordance with [section 332 of title 10, United States Code](/us/usc/t10/s332).
(3)Activities to build the capabilities of the United States joint force and the security forces of United States allies and partners relating to irregular warfare.
(4)Activities to expose and disprove foreign malign influence and disinformation, and to expose and deter coercion and subversion.
(c)Funding.—Amounts made available for activities carried out pursuant to subsection
(a)in a fiscal year may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide.
(d)Relationship to Other Funding.—Any amount provided by the Secretary of Defense during any fiscal year pursuant to subsection
(a)for an activity or program described in subsection
(b)shall be in addition to amounts otherwise available for that activity or program for that fiscal year.
(e)Use of Funds.—(1) Limitations.—Of funds made available under this section for any fiscal year—(A) not more than $20,000,000 in each fiscal year is authorized to be obligated and expended under this section; and
(B)not more than $3,000,000 may be used to pay for personnel expenses under subsection (b)(1).
(2)Prohibition.—Funds may not be provided under this section for any activity that has been denied authorization by Congress.
(f)Annual Report.—Not less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the use of the authority under subsection (a).
(g)Plan for Strategic Competition Initiative for U.S. Southern Command and U.S. Africa Command.—(1) In general.—The Secretary of Defense shall develop and submit to the congressional defense committees a plan for an initiative to support programs and activities for strategic competition in the areas of responsibility of United States Southern Command and United States Africa Command.
(2)Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the plan developed under paragraph (1).
(h)Termination.—The authority under subsection
(a)shall terminate on September 30, 2024. SEC. 1333. EXTENSION AND MODIFICATION OF DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE UNITED STATES. Section 1210A of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1626](/us/stat/133/1626)) is amended—135 STAT. 2009(1) in subsection (a), by striking “for the stabilization activities of other Federal agencies specified in subsection (c)(1)” and inserting “to other Federal agencies specified in subsection (c)(1) for the stabilization activities of such agencies”;
(2)in subsection (b), by amending paragraph
(1)to read as follows:"“(1) In general.—Amounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities—“(A)(i) in a country specified in paragraph (2); and “(ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or “(B) in a country that—“(i)(I) has been selected as a priority country under section 505 of the Global Fragility Act of 2019 ([22 U.S.C. 9804](/us/usc/t22/s9804)); or “(II) is located in a region that has been selected as a priority region under section 505 of such Act; and “(ii) has Department of Defense resource or personnel presence to support such activities.” ";
(3)in the first sentence of subsection (c)(1), by striking “Support may be provided for stabilization activities under subsection (a)” and inserting “Support under subsection
(a)may be provided”;
(4)in subsection (g)(1), by striking “, Defense-wide”; and
(5)in subsection (h), by striking “December 31, 2021” and inserting “December 31, 2023”. SEC. 1334. PILOT PROGRAM TO SUPPORT THE IMPLEMENTATION OF THE WOMEN, PEACE, AND SECURITY ACT OF 2017. Section 1210E of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended by—(1) redesignating subsection
(f)as subsection (h); and
(2)by inserting after subsection
(e)the following new subsections
(f)and (g):"“(f) Consultation.Assessments.Pilot Program.—“(1) Establishment.—The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). “(2) Consultation.Contract authority.—The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. “(3) Selection of countries.—“(A) Consultation.In general.—The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program.135 STAT. 2010 “(B) Considerations.—In making the selection under subparagraph (A), the Secretary of Defense shall consider—“(i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and “(ii) the national security priorities and theater campaign strategies of the United States. “(4) Partner country assessments.—Partner country assessments conducted under the pilot program shall be—“(A) adapted to the local context of the partner country being assessed; “(B) conducted in collaboration with the security sector of the partner country being assessed; and “(C) based on tested methodologies. “(5) Consultation.Review and assessment.—With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall—“(A) Review.review the methods of research and analysis used by any entity contracted with under paragraph
(2)in conducting the assessment and identify lessons learned from such review; and “(B) Assessment.assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. “(6) Findings.—“(A) Consultation.In general.—The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). “(B) Model methodology.—The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. “(7) Reports.—“(A) In general.—Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections.135 STAT. 2011 “(B) Determination.Consultation.Methodology.—On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). “(g) Deadline.Briefing.—Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section.” ". SEC. 1335. [22 USC 2595d](/us/usc/t22/s2595d).ANNUAL REPORT ON COMPREHENSIVE NUCLEAR-TEST-BAN TREATY SENSORS.(a) Requirement.—Not later than 90 days after the date of the enactment of this Act, and not later than September 1 of each subsequent year, the Secretary of State shall submit to the appropriate congressional committees a report on the sensors used in the international monitoring system of the Comprehensive Nuclear-Test-Ban Treaty Organization. Each such report shall include, with respect to the period covered by the report—(1) the number of incidents where such sensors are disabled, turned off, or experience “technical difficulties”; and
(2)with respect to each such incident—(A) the location of the sensor;
(B)the duration of the incident; and
(C)whether the Secretary determines there is reason to believe that the incident was a deliberate act on the part of the host nation.
(b)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2)the Committee on Foreign Relations and the Committee on Armed Services of the Senate. SEC. 1336. SECURITY ASSISTANCE IN NORTHERN TRIANGLE COUNTRIES.(a) Certification Relating to Assistance for Guatemala.—Prior to the transfer of any vehicles by the Department of Defense to a joint task force of the Ministry of Defense or Ministry of the Interior of Guatemala during fiscal year 2022, the Secretary of Defense shall certify to the congressional defense committees that such ministries have made a credible commitment to use such equipment only for the uses for which they were intended.
(b)Report on Security Cooperation With Northern Triangle Countries.—(1) In general.—Not later than June 30, 2022, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:(A) A description of any ongoing or planned security cooperation activities between the United States and the Northern Triangle countries focused on protection of human rights and adherence to the rule of law.
(B)A description of efforts to investigate credible information on gross violations of human rights by the 135 STAT. 2012 military or national security forces of the governments of Northern Triangle countries since January 1, 2017, consistent with applicable law, including the possible use in committing such violations of defense articles provided by the United States.
(2)Form.—The report required by paragraph
(1)shall be submitted in unclassified form but may contain a classified annex.
(c)GAO Report.—(1) Not later than June 30, 2022, the Comptroller General shall submit to the congressional defense committees a report containing an evaluation of the Department of Defense’s end-use monitoring procedures for tracking credible information regarding the misuse by Northern Triangle countries of equipment provided by the Department of Defense, including—(A) the Department’s review of any credible information related to the misuse of Department of Defense-provided vehicles to Northern Triangle countries since 2018; and
(B)a description of any remediation activities undertaken by the Department of Defense and Northern Triangle countries in response to any such misuse.
(d)Strategic Evaluation of Security Cooperation With Northern Triangle Countries.—(1) Deadlines.In general.—Not later than March 31, 2022, the Secretary of Defense shall enter into an agreement with an appropriate federally funded research and development center to complete an evaluation, not later than June 30, 2024, of Department of Defense security cooperation programs in United States Southern Command area of responsibility that includes—(A) how such programs in general and in Northern Triangle countries in particular advance U.S. Southern Command’s Theater Campaign Plan;
(B)how such programs in general and in Northern Triangle countries in particular promote the rule of law and human rights in the United States Southern Command area of responsibility;
(C)how such programs in general and in Northern Triangle countries in particular advance the objectives of the National Defense Strategy; and
(D)any other matters the Secretary deems appropriate.
(2)Report.—The Secretary of Defense shall submit to the congressional defense committees a report that includes the evaluation completed by the federally funded research and development center selected pursuant to paragraph
(1)within 30 days of receiving such evaluation.
(3)Form.—The report required by subsection
(2)shall be submitted in unclassified form and posted on the Department of Defense’s public website, but may contain a classified annex.
(e)Northern Triangle Countries Defined.—In this section, the term “**Northern Triangle countries**” means El Salvador, Guatemala, and Honduras. SEC. 1337. REPORT ON HUMAN RIGHTS IN COLOMBIA.(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination 135 STAT. 2013 with the Secretary of State, shall submit to the appropriate congressional committees a report that includes the following:(1) A detailed summary of the security cooperation relationship between the United States and Colombia, including a description of United States objectives, any ongoing or planned security cooperation activities with the military or other security forces of Colombia, an assessment of the capabilities of the military or other security forces of Colombia, and a description of the capabilities of the military or other security forces of Colombia that the Department of Defense has identified as a priority for further capability building efforts.
(2)A description of any ongoing or planned cooperative activities between the United States and Colombia focused on human rights and adherence to the rule of law, and a description of the manner and extent to which the security cooperation strategy between the United States and Colombia seeks to build the institutional capacity of the Colombian military or other Colombian security forces to respect human rights and encourage accountability.
(b)Definition.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2)the Committee on Armed Services and the Committee on Foreign Relations of the Senate. SEC. 1338. REPORT ON EFFORTS BY THE PEOPLE’S REPUBLIC OF CHINA TO EXPAND ITS PRESENCE AND INFLUENCE IN LATIN AMERICA AND THE CARIBBEAN.(a) Report.—Not later than June 30, 2022, the Secretary of State, in coordination with the Secretary of Defense and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the People’s Republic of China to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, economic, and other means, and describes the implications of such efforts on the national defense and security interests of the United States.
(b)Elements.—The report required by subsection
(a)shall also include the following:(1) An identification of—(A) the countries of Latin America and the Caribbean with which the Government of the People’s Republic of China maintains especially close diplomatic, military, and economic relationships;
(B)the number and contents of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the People’s Republic of China has established with countries and regional organizations of Latin America and the Caribbean;
(C)the countries of Latin America and the Caribbean that have joined the Belt and Road Initiative or the Asian Infrastructure Investment Bank;
(D)the countries of Latin America and the Caribbean to which the Government of the People’s Republic of China 135 STAT. 2014 provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance;
(E)countries and regional organizations of Latin America and the Caribbean in which the Government of the People’s Republic of China, including its state-owned or state-directed enterprises and banks, have undertaken significant investments, or infrastructure projects, and correspondent banking and lending activities, at the regional, national, or subnational levels;
(F)recent visits by senior officials of the Government of the People’s Republic of China, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the People’s Republic of China;
(G)the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the People’s Republic of China and military, police, or security-oriented organizations of countries of Latin America and the Caribbean;
(H)countries and regional organizations of Latin America and the Caribbean that maintain diplomatic relations with Taiwan; and
(I)any steps that the Government of the People’s Republic of China has taken to encourage countries and regional organizations of Latin America and the Caribbean to switch diplomatic relations to the People’s Republic of China instead of Taiwan.
(2)A detailed description of—(A) the relationship between the Government of the People’s Republic of China and the Government of Venezuela and the Government of Cuba;
(B)military installations, assets, and activities of the Government of the People’s Republic of China in Latin America and the Caribbean that currently exist or are planned for the future;
(C)sales or transfers of defense articles and services by the Government of the People’s Republic of China to countries of Latin America and the Caribbean;
(D)a comparison of sales and transfers of defense articles and services to countries of Latin America and the Caribbean by the Government of the People’s Republic of China, the Russian Federation, and the United States;
(E)any other form of military, paramilitary, or security cooperation between the Government of the People’s Republic of China and the governments of countries of Latin America and the Caribbean;
(F)the nature, extent, and purpose of the Government of the People’s Republic of China’s intelligence activities in Latin America and the Caribbean;
(G)the role of the Government of the People’s Republic of China in transnational crime in Latin America and the Caribbean, including trafficking and money laundering, as well as any links to the People’s Liberation Army;135 STAT. 2015
(H)efforts by the Government of the People’s Republic of China to expand the reach and influence of its financial system within Latin America and the Caribbean, through banking activities and payments systems and through goods and services related to the use of the digital yuan; and
(I)efforts by the Government of the People’s Republic of China to build its media presence in Latin America and the Caribbean, and any government-directed disinformation or information warfare campaigns in the region, including for military purposes or with ties to the People’s Liberation Army.
(3)An assessment of—(A) the specific objectives that the Government of the People’s Republic of China seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements;
(B)whether certain investments by the Government of the People’s Republic of China, including in port projects, canal projects, and telecommunications projects in Latin America and the Caribbean, could have military uses or dual use capability or could enable the Government of the People’s Republic of China to monitor or intercept United States or host nation communications;
(C)the degree to which the Government of the People’s Republic of China uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the People’s Republic of China at international institutions;
(D)documented instances of governments of countries of Latin America and the Caribbean silencing, or attempting to silence, local critics of the Government of the People’s Republic of China, including journalists, academics, and civil society representatives, in order to placate the Government of the People’s Republic of China;
(E)the rationale for the Government of the People’s Republic of China becoming an observer at the Organization of American States;
(F)the relationship between the Government of the People’s Republic of China and the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, and the role of the China-CELAC Forum in coordinating such relationship; and
(G)the specific actions and activities undertaken by the Government of the People’s Republic of China in Latin America and the Caribbean that present the greatest threat or challenge to the United States’ defense and national security interests in the region.
(4)Any other matters the Secretary of State determines is appropriate.
(c)Form.—The report required by subsection
(a)shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.135 STAT. 2016
(d)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B)the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
(2)The terms “Latin America and the Caribbean” and “countries of Latin America and the Caribbean” mean the countries and non-United States territories of South America, Central America, the Caribbean, and Mexico. SEC. 1339. EXTENSION OF PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN. Section 1273(a) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1699](/us/stat/133/1699)) is amended by striking “two-year period” and inserting “four-year period”. SEC. 1340. STATEMENT OF POLICY AND REPORT ON YEMEN.(a) [22 USC 2151 note](/us/usc/t22/s2151).Statement of Policy.—It is the policy of the United States—(1) to continue to support and further efforts to bring an end to the conflict in Yemen;
(2)to support efforts so that United States defense articles and services are not used for military operations resulting in civilian casualties; and
(3)to work with allies and partners to address the ongoing humanitarian needs of Yemeni civilians.
(b)Report.—(1) In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on whether the Government of Saudi Arabia has undertaken offensive airstrikes inside Yemen in the preceding year resulting in civilian casualties.
(2)Matters to be included.—The report required by this subsection shall include the following:(A) A full description of any such airstrikes, including a detailed accounting of civilian casualties incorporating information from non-governmental sources.
(B)An identification of Government of Saudi Arabia air units responsible for any such airstrikes.
(C)A description of aircraft and munitions used in any such airstrikes.
(3)Form.—The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex if necessary.
(4)Appropriate congressional committees defined.—In this subsection, the term “**appropriate congressional committees**” means—(A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and135 STAT. 2017
(B)the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 1341. LIMITATION ON SUPPORT TO MILITARY FORCES OF THE KINGDOM OF MOROCCO FOR MULTILATERAL EXERCISES.(a) In General.—None of the funds authorized to be appropriated by this Act or otherwise made available to the Department of Defense for fiscal year 2022 may be used by the Secretary of Defense to support the participation of the military forces of the Kingdom of Morocco in any multilateral exercise administered by the Department of Defense unless the Secretary determines, in consultation with the Secretary of State, that the Kingdom of Morocco is committed to seeking a mutually acceptable political solution in Western Sahara.
(b)Determination.Waiver.—The Secretary may waive application of the limitation under subsection
(a)if the Secretary submits to the congressional defense committees a written determination and justification that the waiver is important to the national security interests of the United States. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A— Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-Wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B— Other Matters Sec. 1411. Acquisition of strategic and critical materials from the national technology and industrial base. Sec. 1412. Authorization to loan materials in National Defense Stockpile. Sec. 1413. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1414. Authorization of appropriations for Armed Forces Retirement Home. Subtitle A—Military Programs SEC. 1401. WORKING CAPITAL FUNDS. Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b)Use.—Amounts authorized to be appropriated under subsection
(a)are authorized for—135 STAT. 2018(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ([50 U.S.C. 1521](/us/usc/t50/s1521)); and
(2)the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. SEC. 1404. DEFENSE INSPECTOR GENERAL. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. SEC. 1405. DEFENSE HEALTH PROGRAM. Funds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501. Subtitle B—Other Matters SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS FROM THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. The Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98 et seq.](/us/usc/t50/s98/etseq)) is amended—(1) in section 6(b)(2), by inserting “to consult with producers and processors of such materials” before “to avoid”;
(2)in section 12, by adding at the end the following new paragraph:"“(3) The term ‘**national technology and industrial base**’ has the meaning given such term in [section 2500 of title 10, United States Code](/us/usc/t10/s2500).” "; and
(3)in section 15(a)—(A) in paragraph (3), by striking “and” at the end;
(B)in paragraph (4), by striking the period at the end and inserting “; and”; and
(C)by adding at the end the following new paragraph:"“(5) if domestic sources are unavailable to meet the requirements defined in paragraphs
(1)through (4), by making efforts to prioritize the purchase of strategic and critical materials from the national technology and industrial base.” ". SEC. 1412. AUTHORIZATION TO LOAN MATERIALS IN NATIONAL DEFENSE STOCKPILE. Section 6 of the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98e](/us/usc/t50/s98e)) is amended by adding at the end the following new subsection:135 STAT. 2019"“(f) President.Notifications.Deadline.The President may loan stockpile materials to the Department of Energy or the military departments if the President—“(1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for; “(2) notifies the congressional defense committees (as defined in [section 101(a) of title 10, United States Code](/us/usc/t10/s101/a)), in writing, not less than 30 days before making any such loan; and “(3) includes in the written notification under paragraph
(2)sufficient support for the assurance described in paragraph (1).” ". SEC. 1413. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.(a) Authority for Transfer of Funds.—Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [123 Stat. 2571](/us/stat/123/2571)). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(b)Use of Transferred Funds.—For the purposes of subsection
(b)of such section 1704, facility operations for which funds transferred under subsection
(a)may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ([Public Law 110–417](/us/pl/110/417); [122 Stat. 4500](/us/stat/122/4500)). SEC. 1414. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT HOME. There is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home. TITLE XV—CYBERSPACE-RELATED MATTERS Subtitle A— Matters Related to Cyber Operations and Cyber Forces Sec. 1501. Development of taxonomy of cyber capabilities. Sec. 1502. Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard. Sec. 1503. Modification of the Principal Cyber Advisor. Sec. 1504. Evaluation of Department of Defense cyber governance. Sec. 1505. Operational technology and mission-relevant terrain in cyberspace. Sec. 1506. Matters concerning cyber personnel requirements.135 STAT. 2020 Sec. 1507. Assignment of certain budget control responsibilities to commander of United States Cyber Command. Sec. 1508. Coordination between United States Cyber Command and private sector. Sec. 1509. Assessment of cyber posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1510. Assessing capabilities to counter adversary use of ransomware, capabilities, and infrastructure. Sec. 1511. Comparative analysis of cybersecurity capabilities. Sec. 1512. Eligibility of owners and operators of critical infrastructure to receive certain Department of Defense support and services. Sec. 1513. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. Subtitle B— Matters Related to Department of Defense Cybersecurity and Information Technology Sec. 1521. Enterprise-wide procurement of cyber data products and services. Sec. 1522. Legacy information technologies and systems accountability. Sec. 1523. Update relating to responsibilities of Chief Information Officer. Sec. 1524. Protective Domain Name System within the Department of Defense. Sec. 1525. Cybersecurity of weapon systems. Sec. 1526. Assessment of controlled unclassified information program. Sec. 1527. Cyber data management. Sec. 1528. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1529. Demonstration program for automated security validation tools. Sec. 1530. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1531. Digital development infrastructure plan and working group. Sec. 1532. Study regarding establishment within the Department of Defense of a designated central program office to oversee academic engagement programs relating to establishing cyber talent across the Department. Sec. 1533. Report on the Cybersecurity Maturity Model Certification program. Sec. 1534. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. Subtitle C— Matters Related to Federal Cybersecurity Sec. 1541. Capabilities of the Cybersecurity and Infrastructure Security Agency to identify threats to industrial control systems. Sec. 1542. Cybersecurity vulnerabilities. Sec. 1543. Report on cybersecurity vulnerabilities. Sec. 1544. Competition relating to cybersecurity vulnerabilities. Sec. 1545. Strategy. Sec. 1546. Cyber incident response plan. Sec. 1547. National cyber exercise program. Sec. 1548. CyberSentry program of the Cybersecurity and Infrastructure Security Agency. Sec. 1549. Strategic assessment relating to innovation of information systems and cybersecurity threats. Sec. 1550. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1551. United States-Israel cybersecurity cooperation. Sec. 1552. Authority for National Cyber Director to accept details on nonreimbursable basis. Subtitle A—Matters Related to Cyber Operations and Cyber Forces SEC. 1501. DEVELOPMENT OF TAXONOMY OF CYBER CAPABILITIES.(a) Deadline.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a taxonomy of cyber capabilities, including software, hardware, middleware, code, other information technology, and accesses, designed for use in cyber effects operations.
(b)Report.—135 STAT. 2021
(1)In general.—Not later than 30 days after the development of the taxonomy of cyber capabilities required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report regarding such taxonomy.
(2)Elements.—The report required under paragraph
(1)shall include the following:(A) The definitions associated with each category contained within the taxonomy of cyber capabilities developed pursuant to subsection (a).
(B)Recommenda-tions.Recommendations for improved reporting mechanisms to Congress regarding such taxonomy of cyber capabilities, using amounts from the Cyberspace Activities Budget of the Department of Defense.
(C)Recommenda-tions.Notifications.Recommendations for modifications to the notification requirement under [section 396 of title 10, United States Code](/us/usc/t10/s396), in order that such notifications would include information relating to such taxonomy of cyber capabilities, including with respect to both physical and nonphysical cyber effects.
(D)Determination.Any other elements the Secretary determines appropriate. SEC. 1502. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL CYBERSECURITY TRAINING CENTER FOR THE ARMY NATIONAL GUARD. Section 1651(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [32 U.S.C. 501 note](/us/usc/t32/s501)) is amended by striking “2022” and inserting “2024”. SEC. 1503. MODIFICATION OF THE PRINCIPAL CYBER ADVISOR.(a) In General.—Paragraph
(1)of section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 ([Public Law 113–66](/us/pl/113/66); [10 U.S.C. 2224 note](/us/usc/t10/s2224)) is amended to read as follows:"“(1) Designation.—(A) The Secretary shall designate, from among the personnel of the Office of the Under Secretary of Defense for Policy, a Principal Cyber Advisor to act as the principal advisor to the Secretary on military cyber forces and activities. “(B) The Secretary may only designate an official under this paragraph if such official was appointed to the position in which such official serves by and with the advice and consent of the Senate.” ".
(b)Designation of Deputy Principal Cyber Advisor.—Section 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 391 note](/us/usc/t10/s391)) is amended by striking “Office of the Secretary of Defense” and inserting “Office of the Under Secretary of Defense for Policy”.
(c)Deadline.Recommenda-tions.Briefing.—Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on such recommendations as the Deputy Secretary may have for alternate reporting structures for the Principal Cyber Advisor and the Deputy Principal Cyber Advisor within the Office of the Under Secretary for Policy.135 STAT. 2022 SEC. 1504. EVALUATION OF DEPARTMENT OF DEFENSE CYBER GOVERNANCE.(a) Deadline.Review.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall complete an evaluation and review of the Department of Defense’s current cyber governance construct.
(b)Review.Scope.—The evaluation and review conducted pursuant to subsection
(a)shall—(1) Assessment.assess the performance of the Department of Defense in carrying out the pillars of the cyber strategy and lines of efforts established in the most recent cyber posture review, including—(A) conducting military cyberspace operations of offensive, defensive, and protective natures;
(B)securely operating technologies associated with information networks, industrial control systems, operational technologies, weapon systems, and weapon platforms; and
(C)enabling, encouraging, and supporting the security of international, industrial, and academic partners;
(2)Assessment.analyze and assess the current institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the execution of and civilian oversight for the responsibilities specified in paragraph (1);
(3)Assessment.analyze and assess the delineation of responsibilities within the current institutional construct within the Office of the Secretary of Defense for addressing the objectives of the 2018 Department of Defense Cyber Strategy and any superseding strategies, as well as identifying potential seams in responsibility;
(4)examine the Department’s policy, legislative, and regulatory regimes related to cyberspace and cybersecurity matters, including the 2018 Department of Defense Cyber Strategy and any superseding strategies, for sufficiency in carrying out the responsibilities specified in paragraph (1);
(5)examine the Office of the Secretary of Defense’s current alignment for the integration and coordination of cyberspace activities with other aspects of information operations, including information warfare and electromagnetic spectrum operations;
(6)examine the current roles and responsibilities of each Principal Staff Assistant to the Secretary of Defense as such relate to the responsibilities specified in paragraph (1), and identify redundancy, duplication, or matters requiring deconfliction or clarification;
(7)evaluate and, as appropriate, implement relevant managerial innovation from the private sector in the management of complex missions, including enhanced cross-functional teaming;
(8)evaluate the state of collaboration among each Principal Staff Assistant in matters related to acquisition of cyber capabilities and other enabling technologies supporting the responsibilities specified in paragraph (1);
(9)Assessment.analyze and assess the Department’s performance in and posture for building and retaining the requisite workforce 135 STAT. 2023 necessary to perform the responsibilities specified in paragraph (1);
(10)Determination.determine optimal governance structures related to the management and advancement of the Department’s cyber workforce, including those structures defined under and evaluated pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92)) and section 1726 of the National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283));
(11)develop policy and legislative recommendations, as appropriate, to delineate and deconflict the roles and responsibilities of United States Cyber Command in defending and protecting the Department of Defense Information Network (DoDIN), with the responsibility of the Chief Information Officer, the Defense Information Systems Agency, and the military services to securely operate technologies described in paragraph (1)(B);
(12)develop policy and legislative recommendations to enhance the authority of the Chief Information Officers within the military services, specifically as such relates to executive and budgetary control over matters related to such services’ information technology security, acquisition, and value;
(13)develop policy and legislative recommendations, as appropriate, for optimizing the institutional constructs across the Office of the Secretary of Defense, Joint Staff, military services, and combatant commands involved with and responsible for the responsibilities specified in paragraph (1); and
(14)Recommenda-tions.make recommendations for any legislation determined appropriate.
(c)Deadline.Time period.Interim Briefings.—Not later than 90 days after the commencement of the evaluation and review conducted pursuant to subsection
(a)and every 30 days thereafter, the Secretary of Defense shall brief the congressional defense committees on interim findings of such evaluation and review.
(d)Report.—Not later than 30 days after the completion of the evaluation and review conducted pursuant to subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on such evaluation and review. SEC. 1505. Deadlines.[10 USC 394 note](/us/usc/t10/s394).OPERATIONAL TECHNOLOGY AND MISSION-RELEVANT TERRAIN IN CYBERSPACE.(a) Mission-relevant Terrain.—Not later than January 1, 2025, the Secretary of Defense shall complete mapping of mission-relevant terrain in cyberspace for Defense Critical Assets and Task Critical Assets at sufficient granularity to enable mission thread analysis and situational awareness, including required—.(1) decomposition of missions reliant on such Assets;
(2)identification of access vectors;
(3)internal and external dependencies;
(4)topology of networks and network segments;
(5)cybersecurity defenses across information and operational technology on such Assets; and
(6)identification of associated or reliant weapon systems.
(b)Combatant Command Responsibilities.—Not later than January 1, 2024, the Commanders of United States European Command, United States Indo-Pacific Command, United States Northern Command, United States Strategic Command, United 135 STAT. 2024 States Space Command, United States Transportation Command, and other relevant Commands, in coordination with the Commander of United States Cyber Command, in order to enable effective mission thread analysis, cyber situational awareness, and effective cyber defense of Defense Critical Assets and Task Critical Assets under their control or in their areas of responsibility, shall develop, institute, and make necessary modifications to—(1) internal combatant command processes, responsibilities, and functions;
(2)coordination with service components under their operational control, United States Cyber Command, Joint Forces Headquarters-Department of Defense Information Network, and the service cyber components;
(3)combatant command headquarters’ situational awareness posture to ensure an appropriate level of cyber situational awareness of the forces, facilities, installations, bases, critical infrastructure, and weapon systems under their control or in their areas of responsibility, including, in particular, Defense Critical Assets and Task Critical Assets; and
(4)documentation of their mission-relevant terrain in cyberspace.
(c)Department of Defense Chief Information Officer Responsibilities.—(1) In general.—Not later than November 1, 2023, the Chief Information Officer of the Department of Defense shall establish or make necessary changes to policy, control systems standards, risk management framework and authority to operate policies, and cybersecurity reference architectures to provide baseline cybersecurity requirements for operational technology in forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network.
(2)Implementation of policies.—The Chief Information Officer of the Department of Defense shall leverage acquisition guidance, concerted assessment of the Department’s operational technology enterprise, and coordination with the military department principal cyber advisors and chief information officers to drive necessary change and implementation of relevant policy across the Department’s forces, facilities, installations, bases, critical infrastructure, and weapon systems.
(3)Additional responsibilities.—The Chief Information Officer of the Department of Defense shall ensure that policies, control systems standards, and cybersecurity reference architectures—(A) are implementable by components of the Department;
(B)limit adversaries’ ability to reach or manipulate control systems through cyberspace;
(C)appropriately balance non-connectivity and monitoring requirements;
(D)include data collection and flow requirements;
(E)interoperate with and are informed by the operational community’s workflows for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department;135 STAT. 2025
(F)integrate and interoperate with Department mission assurance construct; and
(G)are implemented with respect to Defense Critical Assets and Task Critical Assets.
(d)United States Cyber Command Operational Responsibilities.—Not Deadline.later than January 1, 2025, the Commander of United States Cyber Command shall make necessary modifications to the mission, scope, and posture of Joint Forces Headquarters-Department of Defense Information Network to ensure that Joint Forces Headquarters—(1) has appropriate visibility of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets;
(2)can effectively command and control forces to defend such operational technology; and
(3)has established processes for—(A) incident and compliance reporting;
(B)ensuring compliance with Department of Defense cybersecurity policy; and
(C)ensuring that cyber vulnerabilities, attack vectors, and security violations, including, in particular, those specific to Defense Critical Assets and Task Critical Assets, are appropriately managed.
(e)United States Cyber Command Functional Responsibilities.—Not Deadline.later than January 1, 2025, the Commander of United States Cyber Command shall—(1) ensure in its role of Joint Forces Trainer for the Cyberspace Operations Forces that operational technology cyber defense is appropriately incorporated into training for the Cyberspace Operations Forces;
(2)delineate the specific force composition requirements within the Cyberspace Operations Forces for specialized cyber defense of operational technology, including the number, size, scale, and responsibilities of defined Cyber Operations Forces elements;
(3)develop and maintain, or support the development and maintenance of, a joint training curriculum for operational technology-focused Cyberspace Operations Forces;
(4)support the Chief Information Officer of the Department of Defense as the Department’s senior official for the cybersecurity of operational technology under this section;
(5)develop and institutionalize, or support the development and institutionalization of, tradecraft for defense of operational technology across local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces;
(6)develop and institutionalize integrated concepts of operation, operational workflows, and cybersecurity architectures for defense of information and operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network, including, in particular, Defense Critical Assets and Task Critical Assets, including—(A) deliberate and strategic sensoring of such Network and Assets;135 STAT. 2026
(B)instituting policies governing connections across and between such Network and Assets;
(C)modelling of normal behavior across and between such Network and Assets;
(D)engineering data flows across and between such Network and Assets;
(E)developing local defenders, cybersecurity service providers, cyber protection teams, and service-controlled forces’ operational workflows and tactics, techniques, and procedures optimized for the designs, data flows, and policies of such Network and Assets;
(F)instituting of model defensive cyber operations and Department of Defense Information Network operations tradecraft; and
(G)integrating of such operations to ensure interoperability across echelons; and
(7)advance the integration of the Department of Defense’s mission assurance, cybersecurity compliance, cybersecurity operations, risk management framework, and authority to operate programs and policies.
(f)Service Responsibilities.—Not later than January 1, 2025, the Secretaries of the military departments, through the service principal cyber advisors, chief information officers, the service cyber components, and relevant service commands, shall make necessary investments in operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network and the service-controlled forces responsible for defense of such operational technology to—(1) ensure that relevant local network and cybersecurity forces are responsible for defending operational technology across the forces, facilities, installations, bases, critical infrastructure, and weapon systems, including, in particular, Defense Critical Assets and Task Critical Assets;
(2)ensure that relevant local operational technology-focused system operators, network and cybersecurity forces, mission defense teams and other service-retained forces, and cyber protection teams are appropriately trained, including through common training and use of cyber ranges, as appropriate, to execute the specific requirements of cybersecurity operations in operational technology;
(3)ensure that all Defense Critical Assets and Task Critical Assets are monitored and defended by Cybersecurity Service Providers;
(4)ensure that operational technology is appropriately sensored and appropriate cybersecurity defenses, including technologies associated with the More Situational Awareness for Industrial Control Systems Joint Capability Technology Demonstration, are employed to enable defense of Defense Critical Assets and Task Critical Assets;
(5)implement Department of Defense Chief Information Officer policy germane to operational technology, including, in particular, with respect to Defense Critical Assets and Task Critical Assets;
(6)plan for, designate, and train dedicated forces to be utilized in operational technology-centric roles across the military services and United States Cyber Command; and135 STAT. 2027
(7)ensure that operational technology, as appropriate, is not easily accessible via the internet and that cybersecurity investments accord with mission risk to and relevant access vectors for Defense Critical Assets and Task Critical Assets.
(g)Office of the Secretary of Defense Responsibilities.—Not later than Assessments.January 1, 2023, the Secretary of Defense shall—(1) assess and finalize Office of the Secretary of Defense components’ roles and responsibilities for the cybersecurity of operational technology in the forces, facilities, installations, bases, critical infrastructure, and weapon systems across the Department of Defense Information Network;
(2)assess the need to establish centralized or dedicated funding for remediation of cybersecurity gaps in operational technology across the Department of Defense Information Network;
(3)make relevant modifications to the Department of Defense’s mission assurance construct, Mission Assurance Coordination Board, and other relevant bodies to drive—(A) prioritization of kinetic and non-kinetic threats to the Department’s missions and minimization of mission risk in the Department’s war plans;
(B)prioritization of relevant mitigations and investments to harden and assure the Department’s missions and minimize mission risk in the Department’s war plans; and
(C)completion of mission relevant terrain mapping of Defense Critical Assets and Task Critical Assets and population of associated assessment and mitigation data in authorized repositories;
(4)make relevant modifications to the Strategic Cybersecurity Program; and
(5)drive and provide oversight of the implementation of this section.
(h)Budget Rollout Briefings.—(1) In general.—Beginning not later than 30 days after the date of the enactment of this Act, each of the Secretaries of the military departments, the Commander of United States Cyber Command, and the Chief Information Officer of the Department of Defense shall provide annual updates to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section.
(2)Termination date.Annual briefings.—Not later than one year after the date of the enactment of this Act and not less frequently than annually thereafter until January 1, 2024, the Under Secretary of Defense for Policy, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Joint Staff J6, representing the combatant commands, shall individually or together provide briefings to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on activities undertaken and progress made to carry out this section.
(i)Implementation.—(1) In general.—In implementing this section, the Secretary of Defense shall prioritize the cybersecurity and cyber defense of Defense Critical Assets and Task Critical Assets 135 STAT. 2028 and shape cyber investments, policy, operations, and deployments to ensure cybersecurity and cyber defense.
(2)Application.—This section shall apply to assets owned and operated by the Department of Defense, as well as to applicable non-Department assets essential to the projection, support, and sustainment of military forces and operations worldwide.
(j)Definition.—In this section:(1) Mission-relevant terrain in cyberspace.—“mission-relevant terrain in cyberspace” has the meaning given such term as specified in Joint Publication 6-0.
(2)Operational technology.—The term “**operational technology**” means control systems or controllers, communication architectures, and user interfaces that monitor or control infrastructure and equipment operating in various environments, such as weapon systems, utility or energy production and distribution, or medical, logistics, nuclear, biological, chemical, or manufacturing facilities. SEC. 1506. MATTERS CONCERNING CYBER PERSONNEL REQUIREMENTS.(a) In General.—The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments and the head of any other organization or element of the Department the Secretary determines appropriate, shall—(1) determine the overall workforce requirement of the Department for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall—(A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the Department of Defense Cyber Workforce Framework;
(B)consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard;
(C)develop a talent management strategy that covers accessions, training, and education; and
(D)consider such other elements as the Secretary determines appropriate;
(2)Assessment.assess current and future cyber education curriculum and requirements for military and civilian personnel, including—(A) acquisition personnel;
(B)accessions and recruits to the military services;
(C)cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers’ Training Corps;
(D)information environment and cyberspace military and civilian personnel; and
(E)non-information environment cyberspace military and civilian personnel;135 STAT. 2029
(3)identify appropriate locations for information warfare and cyber education for military and civilian personnel, including—(A) the military service academies;
(B)the senior level service schools and intermediate level service schools specified in [section 2151(b) of title 10, United States Code](/us/usc/t10/s2151/b);
(C)the Air Force Institute of Technology;
(D)the National Defense University;
(E)the Joint Special Operations University;
(F)the Command and General Staff Colleges;
(G)the War Colleges;
(H)any military education institution attached to or operating under any institution specified in this paragraph;
(I)any other military educational institution of the Department identified by the Secretary for purposes of this section;
(J)the Cyber Centers of Academic Excellence; and
(K)potential future educational institutions of the Federal Government in accordance with the assessment required under subsection (b); and
(4)determine—(A) whether the cyberspace domain mission requires a graduate level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force as in existence on the day before the date of the enactment of this Act;
(B)whether such a college should be joint; and
(C)where such a college should be located.
(b)Consultation.Assessment.—In identifying appropriate locations for information warfare and cyber education for military and civilian personnel at potential future educational institutions of the Federal Government pursuant to subsection (a)(3)(K), the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and the Chief Information Officer of the Department of Defense, in consultation with Secretaries of the military departments, the head of any other organization or element of the Department the Secretary determines appropriate, the Secretary of Homeland Security, and the National Cyber Director, shall assess the feasibility and advisability of establishing a National Cyber Academy or similar institute for the purpose of educating and training civilian and military personnel for service in cyber, information, and related fields throughout the Federal Government.
(c)Reports Required.—(1) Education.—Not later than November 1, 2022, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2023, the Secretary shall submit to such committees a report, on—(A) talent strategy to satisfy future cyber education requirements at appropriate locations referred to in subsection (a)(3); and
(B)the findings of the Secretary in assessing cyber education curricula and identifying such locations.135 STAT. 2030
(2)Workforce.—Not later than November 1, 2024, the Secretary of Defense shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than January 1, 2025, the Secretary shall submit to such committees a report, on—(A) Determination.the findings of the Secretary in determining pursuant to subsection (a)(1) the overall workforce requirement of the Department of Defense for cyberspace and information warfare military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel;
(B)Recommenda-tions.such recommendations as the Secretary may have relating to such requirement; and
(C)such legislative or administrative action as the Secretary identifies as necessary to effectively satisfy such requirement.
(d)Education Described.—In this section, the term “**education**” includes formal education requirements, such as degrees and certification in targeted subject areas, as well as general training, including—(1) upskilling;
(2)knowledge, skills, and abilities; and
(3)nonacademic professional development. SEC. 1507. [10 USC 167b note](/us/usc/t10/s167b).ASSIGNMENT OF CERTAIN BUDGET CONTROL RESPONSIBILITIES TO COMMANDER OF UNITED STATES CYBER COMMAND.(a) Assignment of Responsibilities.—(1) In general.—The Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of resources to train, equip, operate, and sustain the Cyber Mission Forces.
(2)Effective date and applicability.—Paragraph
(1)shall take effect on the date of the enactment of this Act and apply—(A) on January 1, 2022, for controlling and managing budget execution; and
(B)beginning with fiscal year 2024 and each fiscal year thereafter for directly controlling and managing the planning, programming, budgeting, and execution of resources.
(b)Elements.—(1) In general.—The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall include the following:(A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces.
(B)Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for 135 STAT. 2031 a fiscal year under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a)) that is separate from any other military service or component of the Department.
(2)Responsibilities not delegated.—The responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1) shall not include the following:(A) Military pay and allowances.
(B)Funding for facility support that is provided by the military services.
(c)Implementation Plan.—(1) Deadline.In general.—Not later than the date that is 30 days after the date of the enactment of this Act, the Comptroller General of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned to the Commander of United States Cyber Command pursuant to subsection (a)(1).
(2)Elements.—The implementation plan developed under paragraph
(1)shall include the following:(A) Review.A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned pursuant to subsection (a)(1).
(B)Definitions of appropriate roles and responsibilities.
(C)Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element for which the Commander of United States Cyber Command is responsible.
(D)Specification of all program elements and sub-elements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each such program element and sub-element relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible.
(E)Required levels of civilian and military staffing within United States Cyber Command to carry out subsection (a)(1), and an estimate of when such levels of staffing will be achieved.
(d)Briefing.—(1) Deadline.In general.—Not later than the earlier of the date on which the implementation plan under subsection
(c)is developed or the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation plan.
(2)Recommenda-tions.Elements.—The briefing required by paragraph
(1)shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of 135 STAT. 2032 United States Cyber Command budget authority for the Cyber Operations Forces (as such term is defined in the memorandum issued by the Secretary of Defense on December 12, 2019, relating to the definition of “Department of Defense Cyberspace Operations Forces (DoD COF)”), after successful implementation of the responsibilities described in subsection
(a)relating to the Cyber Mission Forces. SEC. 1508. [10 USC 2224 note](/us/usc/t10/s2224).COORDINATION BETWEEN UNITED STATES CYBER COMMAND AND PRIVATE SECTOR.(a) Deadline.Voluntary Process.—Not later than January 1, 2023, the Commander of United States Cyber Command shall establish a voluntary process to engage with private sector information technology and cybersecurity entities to explore and develop methods and plans through which the capabilities, knowledge, and actions of—(1) private sector entities operating inside the United States to defend against foreign malicious cyber actors could assist, or be coordinated with, the actions of United States Cyber Command operating outside the United States against such foreign malicious cyber actors; and
(2)United States Cyber Command operating outside the United States against foreign malicious cyber actors could assist, or be coordinated with, the actions of private sector entities operating inside the United States against such foreign malicious cyber actors.
(b)Annual Briefing.—(1) Time period.In general.—During the period beginning on March 1, 2022, and ending on March 1, 2026, the Commander of United States Cyber Command shall, not less frequently than once each year, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of any activities conducted pursuant to subsection (a).
(2)Elements.—Each briefing provided under paragraph
(1)shall include the following:(A) Recommenda-tions.Such recommendations for legislative or administrative action as the Commander of United States Cyber Command considers appropriate to improve and facilitate the exploration and development of methods and plans under subsection (a).
(B)Recommenda-tions.Such recommendations as the Commander may have for increasing private sector participation in such exploration and development.
(C)A description of the challenges encountered in carrying out subsection (a), including any concerns expressed to the Commander by private sector partners regarding participation in such exploration and development.
(D)Information relating to how such exploration and development with the private sector could assist military planning by United States Cyber Command.
(E)Such other matters as the Commander considers appropriate.
(c)Consultation.—In developing the process described in subsection (a), the Commander of United States Cyber Command shall consult with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the 135 STAT. 2033 heads of any other Federal agencies the Commander considers appropriate.
(d)Integration With Other Efforts.—The Commander of United States Cyber Command shall ensure that the process described in subsection
(a)makes use of, builds upon, and, as appropriate, integrates with and does not duplicate, other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following:(1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency.
(2)The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency.
(3)The office for joint cyber planning of the Department of Homeland Security.
(e)Protection of Trade Secrets and Proprietary Information.—The Commander of United States Cyber Command shall ensure that any trade secret or proprietary information of a private sector entity engaged with the Department of Defense through the process established under subsection
(a)that is made known to the Department pursuant to such process remains private and protected unless otherwise explicitly authorized by such entity.
(f)Rule of Construction.—Nothing in this section may be construed to authorize United States Cyber Command to conduct operations inside the United States or for private sector entities to conduct offensive cyber activities outside the United States, except to the extent such operations or activities are permitted by a provision of law in effect on the day before the date of the enactment of this Act. SEC. 1509. ASSESSMENT OF CYBER POSTURE AND OPERATIONAL ASSUMPTIONS AND DEVELOPMENT OF TARGETING STRATEGIES AND SUPPORTING CAPABILITIES.(a) Assessment of Cyber Posture of Adversaries and Operational Assumptions of United States Government.—(1) Deadline.In general.—Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command, the Under Secretary of Defense for Policy, and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, if appropriate, a war-game or tabletop exercise, of the current and emerging offensive and defensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict.
(2)Assessment.Elements.—The assessment required under paragraph
(1)shall include consideration of the following:(A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of engagement.
(B)Opportunities provided by armed forces in theaters of operations and other innovative alternatives.
(C)Changes in intelligence community (as such term is defined in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](/us/usc/t50/s3003))) targeting and operations in support of the Department of Defense.
(D)Adversary capabilities to deny or degrade United States activities in cyberspace.135 STAT. 2034
(E)Adversaries’ targeting of United States critical infrastructure and implications for United States policy.
(F)Potential effect of emerging technologies, such as fifth generation mobile networks, expanded use of cloud information technology services, and artificial intelligence.
(G)Changes in Department of Defense organizational design.
(H)The effect of private sector cybersecurity research.
(F)Adequacy of intelligence support to cyberspace operations by Combat Support Agencies and Service Intelligence Centers.
(b)Development of Targeting Strategies, Supporting Capabilities, and Operational Concepts.—(1) Deadline.In general.—Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command shall—(A) Assessment.assess and establish the capabilities, capacities, tools, and tactics required to support targeting strategies for—(i) day-to-day persistent engagement of adversaries, including support to information operations;
(ii)support to geographic combatant commanders at the onset of hostilities and during sustained conflict; and
(iii)deterrence of attacks on United States critical infrastructure, including the threat of counter value responses;
(B)develop future cyber targeting strategies and capabilities across the categories of cyber missions and targets with respect to which—(i) time-consuming and human effort-intensive stealthy operations are required to acquire and maintain access to targets, and the mission is so important it is worthwhile to expend such efforts to hold such targets at risk;
(ii)target prosecution requires unique access and exploitation tools and technologies, and the target importance justifies the efforts, time, and expense relating thereto;
(iii)operational circumstances do not allow for and do not require spending the time and human effort required for stealthy, nonattributable, and continuous access to targets;
(iv)capabilities are needed to rapidly prosecute targets that have not been previously planned and that can be accessed and exploited using known, available tools and techniques; and
(v)targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale;
(C)develop strategies for appropriate utilization of Cyber Mission Teams in support of combatant command objectives as—(i) adjuncts to or substitutes for kinetic operations; or
(ii)independent means to achieve novel tactical, operational, and strategic objectives; and135 STAT. 2035
(D)develop collection and analytic support strategies for the service intelligence centers to assist operations by United States Cyber Command and the Service Cyber Components.
(2)Briefing required.—(A) Deadline.In general.—Not later than 30 days after the date on which all activities required under paragraph
(1)have been completed, the Commander of United States Cyber Command shall provide the congressional defense committees a briefing on such activities.
(B)Elements.—The briefing provided pursuant to subparagraph
(A)shall include the following:(i) Recommenda-tions.Recommendations for such legislative or administrative action as the Commander of United States Cyber Command considers necessary to address capability shortcomings.
(ii)Plans to address such capability shortcomings.
(c)Country-specific Access Strategies.—(1) Deadline.In general.—Not later than one year after the date on which all activities required under subsection (b)(1) have been completed, the Commander of United States Cyber Command shall complete development of country-specific access strategies for the Russian Federation, the People’s Republic of China, the Democratic People’s Republic of Korea, and the Islamic Republic of Iran.
(2)Elements.—Each country-specific access strategy developed under paragraph
(1)shall include the following:(A) Specification of desired and required—(i) outcomes;
(ii)cyber warfighting architecture, including—(I) tools and redirectors;
(II)access platforms; and
(III)data analytics, modeling, and simulation capacity;
(iii)specific means to achieve and maintain persistent access and conduct command and control and exfiltration against hard targets and in operationally challenging environments across the continuum of conflict;
(iv)intelligence, surveillance, and reconnaissance support;
(v)operational partnerships with allies;
(vi)rules of engagement;
(vii)personnel, training, and equipment; and
(viii)targeting strategies, including strategies that do not demand deliberate targeting and precise access to achieve effects; and
(B)Recommenda-tions.recommendations for such policy or resourcing changes as the Commander of United States Cyber Command considers appropriate to address access shortfalls.
(3)Consultation required.—The Commander of United States Cyber Command shall develop the country-specific access strategies under paragraph
(1)independently but in consultation with the following:(A) The Director of the National Security Agency.
(B)The Director of the Central Intelligence Agency.135 STAT. 2036
(C)The Director of the Defense Advanced Research Projects Agency.
(D)The Director of the Strategic Capabilities Office.
(E)The Under Secretary of Defense for Policy.
(F)The Principal Cyber Advisor to the Secretary of Defense.
(G)The Commanders of all other combatant commands.
(4)Briefing.—Upon completion of the country-specific access strategies under paragraph (1), the Commander of United States Cyber Command shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a briefing on such strategies.
(d)Definition.—In this section, the term “**critical infrastructure**” has the meaning given such term in [section 1016(e) of Public Law 107–56](/us/pl/107/56/s1016/e) ([42 U.S.C. 5195c(e)](/us/usc/t42/s5195c/e)). SEC. 1510. Deadlines.ASSESSING CAPABILITIES TO COUNTER ADVERSARY USE OF RANSOMWARE, CAPABILITIES, AND INFRASTRUCTURE.(a) Comprehensive Assessment and Recommendations Required.—Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall—(1) Assessments.conduct a comprehensive assessment of the policy, capacity, and capabilities of the Department of Defense to diminish and defend the United States from the threat of ransomware attacks, including—(A) an assessment of the current and potential threats and risks to national and economic security posed by—(i) large-scale and sophisticated criminal cyber enterprises that provide large-scale and sophisticated cyber attack capabilities and infrastructure used to conduct ransomware attacks; and
(ii)organizations that conduct or could conduct ransomware attacks or other attacks that use the capabilities and infrastructure described in clause
(i)on a large scale against important assets and systems in the United States, including critical infrastructure;
(B)an assessment of—(i) the threat posed to the Department of Defense Information Network and the United States by the large-scale and sophisticated criminal cyber enterprises, capabilities, and infrastructure described in subparagraph (A); and
(ii)the current and potential role of United States Cyber Command in addressing the threat referred to in clause
(i)including—(I) the threshold at which United States Cyber Command should respond to such a threat; and
(II)the capacity for United States Cyber Command to respond to such a threat without harmful effects on other United States Cyber Command missions;
(C)an identification of the current and potential Department efforts, processes, and capabilities to deter and 135 STAT. 2037 counter the threat referred to in subparagraph (B)(i), including through offensive cyber effects operations;
(D)an assessment of the application of the defend forward and persistent engagement operational concepts and capabilities of the Department to deter and counter the threat of ransomware attacks against the United States;
(E)a description of the efforts of the Department in interagency processes, and joint collaboration with allies and partners of the United States, to address the growing threat from large-scale and sophisticated criminal cyber enterprises that conduct ransomware attacks and could conduct attacks with other objectives;
(F)Determination.a determination of the extent to which the governments of countries in which large-scale and sophisticated criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions with such enterprises, could direct their operations, and could suppress such enterprises;
(G)an assessment as to whether the large-scale and sophisticated criminal cyber enterprises described in subparagraph
(F)are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and placed in the service of the country in which such enterprises are principally located; and
(H)identification of such legislative or administrative action as may be necessary to more effectively counter the threat of ransomware attacks; and
(2)Recommenda-tions.develop recommendations for the Department to build capabilities to develop and execute innovative methods to deter and counter the threat of ransomware attacks prior to and in response to the launching of such attacks.
(b)Deadline.Briefing.—Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the comprehensive assessment completed under paragraph
(1)of subsection
(a)and the recommendations developed under paragraph
(2)of such subsection.
(c)Definition.—In this section, the term “**critical infrastructure**” has the meaning given such term in [section 1016(e) of Public Law 107–56](/us/pl/107/56/s1016/e) ([42 U.S.C. 5195c(e)](/us/usc/t42/s5195c/e)). SEC. 1511. COMPARATIVE ANALYSIS OF CYBERSECURITY CAPABILITIES.(a) Deadline.Consultation.Comparative Analysis Required.—Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation
(CAPE)of the Department of Defense, in consultation with the Principal Cyber Advisor to the Secretary of Defense and the Chief Information Officers of each of the military departments, shall jointly sponsor a comparative analysis, to be conducted by the Director of the National Security Agency and the Director of the Defense Information Systems Agency, of the following:(1) The cybersecurity tools, applications, and capabilities offered as options on enterprise software agreements for cloud-based productivity and collaboration suites, such as is offered under the Defense Enterprise Office Solution and Enterprise Software Agreement contracts with Department of Defense 135 STAT. 2038 components, relative to the cybersecurity tools, applications, and capabilities that are currently deployed in, or required by, the Department to conduct—(A) asset discovery;
(B)vulnerability scanning;
(C)conditional access (also known as “comply-to-connect”);
(D)event correlation;
(E)patch management and remediation;
(F)endpoint query and control;
(G)endpoint detection and response;
(H)data rights management;
(I)data loss prevention;
(J)data tagging;
(K)data encryption;
(L)security information and event management; and
(M)security orchestration, automation, and response.
(2)The identity, credential, and access management
(ICAM)system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option on an enterprise software agreement described in paragraph (1), relative to—(A) the requirements of such system described in the Zero Trust Reference Architecture of the Department; and
(B)the requirements of such system under development by the Defense Information Systems Agency.
(3)The artificial intelligence and machine-learning capabilities associated with the tools, applications, and capabilities described in paragraphs
(1)and (2), and the ability to host Government or third-party artificial intelligence and machine-learning algorithms pursuant to contracts referred to in paragraph
(1)for such tools, applications, and capabilities.
(4)The network consolidation and segmentation capabilities offered on the enterprise software agreements described in paragraph
(1)relative to capabilities projected in the Zero Trust Reference Architecture.
(5)The automated orchestration and interoperability among the tools, applications, and capabilities described in paragraphs
(1)through (4).
(b)Elements of Comparative Analysis.—The comparative analysis conducted under subsection
(a)shall include an assessment of the following:(1) Costs.
(2)Performance.
(3)Sustainment.
(4)Scalability.
(5)Training requirements.
(6)Maturity.
(7)Human effort requirements.
(8)Speed of integrated operations.
(9)Ability to operate on multiple operating systems and in multiple cloud environments.
(10)Such other matters as the Chief Information Officer and the Director of Cost Assessment and Program Evaluation consider appropriate.
(c)Deadline.Briefing Required.—Not later than 30 days after the date on which the comparative analysis required under subsection
(a)135 STAT. 2039 is completed, the Chief Information Officer and the Director of Cost Assessment and Program Evaluation
(CAPE)of the Department of Defense shall jointly provide the congressional defense committees with a briefing on the findings of the Chief Information Officer and the Director with respect to such analysis, together with such recommendations for legislative or administrative action as the Chief Information Officer and the Director may have with respect to the matters covered by such analysis. SEC. 1512. ELIGIBILITY OF OWNERS AND OPERATORS OF CRITICAL INFRASTRUCTURE TO RECEIVE CERTAIN DEPARTMENT OF DEFENSE SUPPORT AND SERVICES. [Section 2012 of title 10, United States Code](/us/usc/t10/s2012) is amended—(1) in subsection (e)—(A) by redesignating paragraph
(3)as paragraph (4); and
(B)by inserting after paragraph
(2)the following new paragraph:"“(3) Owners and operators of critical infrastructure (as such term is defined in [section 1016(e) of Public Law 107–56](/us/pl/107/56/s1016/e) ([42 U.S.C. 5195c(e)](/us/usc/t42/s5195c/e))).” "; and
(2)in subsection (f), by adding at the end the following new paragraph:"“(5) Procedures to ensure that assistance provided to an entity specified in subsection (e)(3) is provided in a manner that is consistent with similar assistance provided under authorities applicable to other Federal departments and agencies, including the authorities of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security pursuant to title XXII of the Homeland Security Act of 2002 ([6 U.S.C. 651 et seq.](/us/usc/t6/s651/etseq)).” ". SEC. 1513. REPORT ON POTENTIAL DEPARTMENT OF DEFENSE SUPPORT AND ASSISTANCE FOR INCREASING THE AWARENESS OF THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY OF CYBER THREATS AND VULNERABILITIES AFFECTING CRITICAL INFRASTRUCTURE.(a) Consultation.Recommenda-tions.Report Required.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National Cyber Director, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that provides recommendations on how the Department of Defense can improve support and assistance to the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to increase awareness of cyber threats and vulnerabilities affecting information technology and networks supporting critical infrastructure within the United States, including critical infrastructure of the Department and critical infrastructure relating to the defense of the United States.
(b)Assessments.Elements of Report.—The report required by subsection
(a)shall—(1) assess and identify areas in which the Department of Defense could provide support or assistance, including through information sharing and voluntary network monitoring programs, to the Cybersecurity and Infrastructure Security Agency to expand or increase technical understanding and 135 STAT. 2040 awareness of cyber threats and vulnerabilities affecting critical infrastructure;
(2)identify and assess any legal, policy, organizational, or technical barriers to carrying out paragraph (1);
(3)assess and describe any legal or policy changes necessary to enable the Department to carry out paragraph
(1)while preserving privacy and civil liberties;
(4)assess and describe the budgetary and other resource effects on the Department of carrying out paragraph (1); and
(5)provide a notional time-phased plan, including milestones, to enable the Department to carry out paragraph (1).
(c)Critical Infrastructure Defined.—In this section, the term “**critical infrastructure**” has the meaning given such term in [section 1016(e) of Public Law 107–56](/us/pl/107/56/s1016/e) ([42 U.S.C. 5195c(e)](/us/usc/t42/s5195c/e)). Subtitle B—Matters Related to Department of Defense Cybersecurity and Information Technology SEC. 1521. [10 USC 2224 note](/us/usc/t10/s2224).ENTERPRISE-WIDE PROCUREMENT OF CYBER DATA PRODUCTS AND SERVICES.(a) Deadline.Program.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall designate an executive agent for Department of Defense-wide procurement of cyber data products and services. The executive agent shall establish a program management office responsible for such procurement, and the program manager of such program office shall be responsible for the following:(1) Surveying components of the Department for the cyber data products and services needs of such components.
(2)Conducting market research of cyber data products and services.
(3)Developing or facilitating development of requirements, both independently and through consultation with components, for the acquisition of cyber data products and services.
(4)Developing and instituting model contract language for the acquisition of cyber data products and services, including contract language that facilitates components’ requirements for ingesting, sharing, using and reusing, structuring, and analyzing data derived from such products and services.
(5)Conducting procurement of cyber data products and services on behalf of the Department of Defense, including negotiating contracts with a fixed number of licenses based on aggregate component demand and negotiation of extensible contracts.
(6)Carrying out the responsibilities specified in paragraphs
(1)through
(5)with respect to the cyber data products and services needs of the Cyberspace Operations Forces, such as cyber data products and services germane to cyberspace topology and identification of adversary threat activity and infrastructure, including—(A) facilitating the development of cyber data products and services requirements for the Cyberspace Operations Forces, conducting market research regarding the future cyber data products and services needs of the Cyberspace 135 STAT. 2041 Operations Forces, and conducting acquisitions pursuant to such requirements and market research;
(B)coordinating cyber data products and services acquisition and management activities with Joint Cyber Warfighting Architecture acquisition and management activities, including activities germane to data storage, data management, and development of analytics;
(C)implementing relevant Department of Defense and United States Cyber Command policy germane to acquisition of cyber data products and services;
(D)leading or informing the integration of relevant datasets and services, including Government-produced threat data, commercial cyber threat information, collateral telemetry data, topology-relevant data, sensor data, and partner-provided data; and
(E)facilitating the development of tradecraft and operational workflows based on relevant cyber data products and services.
(b)Coordination.—In implementing this section, each component of the Department of Defense shall coordinate its cyber data products and services requirements and potential procurement plans relating to such products and services with the program management office established pursuant to subsection
(a)so as to enable such office to determine if satisfying such requirements or procurement of such products and services on an enterprise-wide basis would serve the best interests of the Department.
(c)Deadline.Prohibition.—Beginning not later than 540 days after the date of the enactment of this Act, no component of the Department of Defense may independently procure a cyber data product or service that has been procured by the program management office established pursuant to subsection (a), unless—(1) such component is able to procure such product or service at a lower per-unit price than that available through such office; or
(2)such office has approved such independent purchase.
(d)Exception.—United States Cyber Command and the National Security Agency may conduct joint procurements of products and services, including cyber data products and services, except that the requirements of subsections
(b)and
(c)shall not apply to the National Security Agency.
(e)Definition.—In this section, the term “**cyber data products and services**” means commercially-available datasets and analytic services germane to offensive cyber, defensive cyber, and DODIN operations, including products and services that provide technical data, indicators, and analytic services relating to the targets, infrastructure, tools, and tactics, techniques, and procedures of cyber threats. SEC. 1522. [10 USC 4571 note](/us/usc/t10/s4571).LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS ACCOUNTABILITY.(a) Deadline.In General.—Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each initiate efforts to identify legacy applications, software, and information technology within their respective Departments and eliminate any such application, software, or information technology that is no longer required.135 STAT. 2042
(b)Specifications.—To carry out subsection (a), that Secretaries of the Army, Navy, and Air Force shall each document the following:(1) An identification of the applications, software, and information technologies that are considered active or operational, but which are judged to no longer be required by the respective Department.
(2)Information relating to the sources of funding for the applications, software, and information technologies identified pursuant to paragraph (1).
(3)An identification of the senior official responsible for each such application, software, or information technology.
(4)Plan.A plan to discontinue use and funding for each such application, software, or information technology.
(c)Deadline.Exemption.—Any effort substantially similar to that described in subsections
(a)and
(b)that is being carried out by the Secretary of the Army, Navy, or Air Force as of the date of the enactment of this Act and completed not later 180 days after such date shall be treated as satisfying the requirements under such subsections.
(d)Report.—Not later than 270 days after the date of the enactment of this Act, the Secretaries of the Army, Navy, and Air Force shall each submit to the congressional defense committees the documentation required under subsection (b). SEC. 1523. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF INFORMATION OFFICER. Paragraph
(1)of [section 142(b) of title 10, United States Code](/us/usc/t10/s142/b), is amended—(1) in subparagraphs (A), (B), and (C), by striking “(other than with respect to business management)” each place it appears; and
(2)by amending subparagraph
(D)to read as follows:"“(D) exercises authority, direction, and control over the Activities of the Cybersecurity Directorate, or any successor organization, of the National Security Agency, funded through the Information Systems Security Program;” ". SEC. 1524. [10 USC 2224 note](/us/usc/t10/s2224).PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE DEPARTMENT OF DEFENSE.(a) Deadline.In General.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall ensure each component of the Department of Defense uses a Protective Domain Name System
(PDNS)instantiation offered by the Department.
(b)Exemptions.—The Secretary of Defense may exempt a component of the Department from using a PDNS instantiation for any reason except with respect to cost or technical application.
(c)Report to Congress.—Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes information relating to—(1) each component of the Department of Defense that uses a PDNS instantiation offered by the Department;
(2)each component exempt from using a PDNS instantiation pursuant to subsection (b); and135 STAT. 2043
(3)efforts to ensure that each PDNS instantiation offered by the Department connects and shares relevant and timely data. SEC. 1525. CYBERSECURITY OF WEAPON SYSTEMS. Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2224 note](/us/usc/t10/s2224)), is amended by adding at the end the following new subsection:"“(f) Annual Reports.—Not later than August 30, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a report on the work of the Program, including information relating to staffing and accomplishments.” ". SEC. 1526. ASSESSMENT OF CONTROLLED UNCLASSIFIED INFORMATION PROGRAM. Section 1648 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2224 note](/us/usc/t10/s2224)), is amended—(1) in subsection (a), by striking “February 1, 2020” and inserting “180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022”; and
(2)in subsection (b), by amending paragraph
(4)to read as follows:"“(4) Definitions for ‘Controlled Unclassified Information’
(CUI)and ‘For Official Use Only’ (FOUO), policies regarding protecting information designated as either of such, and an explanation of the ‘DoD CUI Program’ and Department of Defense compliance with the responsibilities specified in Department of Defense Instruction
(DoDI)5200.48, ‘Controlled Unclassified Information (CUI),’ including the following:“(A) The extent to which the Department of Defense is identifying whether information is CUI via a contracting vehicle and marking documents, material, and media containing such information in a clear and consistent manner. “(B) Recommended regulatory or policy changes to ensure consistency and clarity in CUI identification and marking requirements. “(C) Circumstances under which commercial information is considered CUI, and any impacts to the commercial supply chain associated with security and marking requirements pursuant to this paragraph. “(D) Benefits and drawbacks of requiring all CUI to be marked with a unique CUI legend, versus requiring that all data marked with an appropriate restricted legend be handled as CUI. “(E) The extent to which the Department of Defense clearly delineates Federal Contract Information
(FCI)from CUI. “(F) Examples or scenarios to illustrate information that is and is not CUI.” ". SEC. 1527. [10 USC 2224 note](/us/usc/t10/s2224).CYBER DATA MANAGEMENT.(a) In General.—The Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and the Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall—135 STAT. 2044(1) access, acquire, and use mission-relevant data to support offensive cyber, defensive cyber, and DODIN operations from the intelligence community, other elements of the Department of Defense, and the private sector;
(2)develop policy, processes, and operating procedures governing the access, ingest, structure, storage, analysis, and combination of mission-relevant data, including—(A) intelligence data;
(B)internet traffic, topology, and activity data;
(C)cyber threat information;
(D)Department of Defense Information Network sensor, tool, routing infrastructure, and endpoint data; and
(E)other data management and analytic platforms pertinent to United States Cyber Command missions that align with the principles of Joint All Domain Command and Control;
(3)pilot efforts to develop operational workflows and tactics, techniques, and procedures for the operational use of mission-relevant data by the Cyberspace Operations Forces; and
(4)Evaluation.evaluate data management platforms used to carry out paragraphs (1), (2), and
(3)to ensure such platforms operate consistently with the Deputy Secretary of Defense’s Data Decrees signed on May 5, 2021.
(b)Roles and Responsibilities.—(1) Deadline.In general.—Not later than 270 days after the date of the enactment of this Act, the Commander of United States Cyber Command and the Secretaries of the military departments, in coordination with the Principal Cyber Advisor to the Secretary, the Chief Information Officer and Chief Data Officer of the Department of Defense, and the Chairman of the Joint Chiefs of Staff, shall establish the specific roles and responsibilities of the following in implementing each of the tasks required under subsection (a):(A) United States Cyber Command.
(B)Program offices responsible for the components of the Joint Cyber Warfighting Architecture.
(C)The military services.
(D)Entities in the Office of the Secretary of Defense.
(E)Any other program office, headquarters element, or operational component newly instantiated or determined relevant by the Secretary.
(2)Deadline.Briefing.—Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the roles and responsibilities established under paragraph (1). SEC. 1528. [10 USC 2224 note](/us/usc/t10/s2224).ZERO TRUST STRATEGY, PRINCIPLES, MODEL ARCHITECTURE, AND IMPLEMENTATION PLANS.(a) Deadline.In General.—Not later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall jointly develop a zero trust strategy, principles, and a model architecture to be implemented across the Department of Defense Information Network, including classified networks, operational technology, and weapon systems.
(b)Strategy, Principles, and Model Architecture Elements.—The zero trust strategy, principles, and model architecture 135 STAT. 2045 required under subsection
(a)shall include, at a minimum, the following elements:(1) Prioritized policies and procedures for establishing implementations of mature zero trust enabling capabilities within on-premises, hybrid, and pure cloud environments, including access control policies that determine which persona or device shall have access to which resources and the following:(A) Identity, credential, and access management.
(B)Macro and micro network segmentation, whether in virtual, logical, or physical environments.
(C)Traffic inspection.
(D)Application security and containment.
(E)Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and storage devices.
(F)Data management, data rights management, and access controls.
(G)End-to-end encryption.
(H)User access and behavioral monitoring, logging, and analysis.
(I)Data loss detection and prevention methodologies.
(J)Least privilege, including system or network administrator privileges.
(K)Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect requirements.
(L)Automation and orchestration.
(M)Configuration management of virtual machines, devices, servers, routers, and similar to be maintained on a single virtual device approved list (VDL).
(2)Policies specific to operational technology, critical data, infrastructures, weapon systems, and classified networks.
(3)Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to the policies referred to in paragraph (2).
(4)Specification of standard zero trust principles supporting reference architectures and metrics-based assessment plan.
(5)Roles, responsibilities, functions, and operational workflows of zero trust cybersecurity architecture and information technology personnel—(A) at combatant commands, military services, and defense agencies; and
(B)Joint Forces Headquarters-Department of Defense Information Network.
(c)Architecture Development and Implementation.—In developing and implementing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command shall—(1) coordinate with—(A) the Principal Cyber Advisor to the Secretary of Defense;
(B)the Director of the National Security Agency Cybersecurity Directorate;
(C)the Director of the Defense Advanced Research Projects Agency;135 STAT. 2046
(D)the Chief Information Officer of each military service;
(E)the Commanders of the cyber components of the military services;
(F)the Principal Cyber Advisor of each military service;
(G)the Chairman of the Joints Chiefs of Staff; and
(H)any other component of the Department of Defense as determined by the Chief Information Officer and the Commander;
(2)Assessment.assess the utility of the Joint Regional Security Stacks, automated continuous endpoint monitoring program, assured compliance assessment solution, and each of the defenses at the Internet Access Points for their relevance and applicability to the zero trust architecture and opportunities for integration or divestment;
(3)employ all available resources, including online training, leveraging commercially available zero trust training material, and other Federal agency training, where feasible, to implement cybersecurity training on zero trust at the—(A) executive level;
(B)cybersecurity professional or implementer level; and
(C)general knowledge levels for Department of Defense users;
(4)facilitate cyber protection team and cybersecurity service provider threat hunting and discovery of novel adversary activity;
(5)Assessment.assess and implement means to effect Joint Force Headquarters-Department of Defense Information Network’s automated command and control of the entire Department of Defense Information Network;
(6)Assessment.assess the potential of and, as appropriate, encourage, use of third-party cybersecurity-as-a-service models;
(7)engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment of zero trust architectures;
(8)Assessment.assess the current Comply-to-Connect Plan; and
(9)Review.review past and conduct additional pilots to guide development, including—(A) utilization of networks designated for testing and accreditation under section 1658 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 2224 note](/us/usc/t10/s2224));
(B)use of automated red team products for assessment of pilot architectures; and
(C)accreditation of piloted cybersecurity products for enterprise use in accordance with the findings on enterprise accreditation standards conducted pursuant to section 1654 of such Act ([Public Law 116–92](/us/pl/116/92)).
(d)Implementation Plans.—(1) Deadline.In general.—Not later than one year after the finalization of the zero trust strategy, principles, and model architecture required under subsection (a), the head of each military department and the head of each component of the Department of Defense shall transmit to the Chief Information Officer of 135 STAT. 2047 the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft plan to implement such zero trust strategy, principles, and model architecture across the networks of their respective components and military departments.
(2)Elements.—Each implementation plan transmitted pursuant to paragraph
(1)shall include, at a minimum, the following:(A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across unclassified and classified networks, operational technology, and weapon systems.
(B)A detailed schedule with target milestones and required expenditures.
(C)Interim and final metrics, including a phase migration plan.
(D)Identification of additional funding, authorities, and policies, as may be required.
(E)Requested waivers, exceptions to Department of Defense policy, and expected delays.
(e)Implementation Oversight.—(1) In general.—The Chief Information Officer of the Department of Defense shall—(A) Assessment.assess the implementation plans transmitted pursuant to subsection (d)(1) for—(i) adequacy and responsiveness to the zero trust strategy, principles, and model architecture required under subsection (a); and
(ii)appropriate use of enterprise-wide acquisitions;
(B)ensure, at a high level, the interoperability and compatibility of individual components’ Solutions Architectures, including the leveraging of enterprise capabilities where appropriate through standards derivation, policy, and reviews;
(C)use the annual investment guidance of the Chief to ensure appropriate implementation of such plans, including appropriate use of enterprise-wide acquisitions;
(D)track use of waivers and exceptions to policy;
(E)use the Cybersecurity Scorecard to track and drive implementation of Department components; and
(F)leverage the authorities of the Commander of Joint Forces Headquarters-Department of Defense Information Network and the Director of the Defense Information Systems Agency to begin implementation of such zero trust strategy, principles, and model architecture.
(2)Deadline.Assessment.Assessments of funding.—Not later than March 31, 2024, and annually thereafter, each Principal Cyber Advisor of a military service shall include in the annual budget certification of such military service, as required by section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 391 note](/us/usc/t10/s391)), an assessment of the adequacy of funding requested for each proposed budget for the purposes of carrying out the implementation plan for such military service under subsection (d)(1).
(f)Initial Briefings.—135 STAT. 2048
(1)Deadline.On model architecture.—Not later than 90 days after finalizing the zero trust strategy, principles, and model architecture required under subsection (a), the Chief Information Officer of the Department of Defense and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall provide to the congressional defense committees a briefing on such zero trust strategy, principles, and model architecture.
(2)Deadline.On implementation plans.—Not later than 90 days after the receipt by the Chief Information Officer of the Department of Defense of an implementation plan transmitted pursuant to subsection (d)(1), the secretary of a military department, in the case of an implementation plan pertaining to a military department or a military service, or the Chief Information Officer of the Department, in the case of an implementation plan pertaining to a remaining component of the Department, as the case may be, shall provide to the congressional defense committees a briefing on such implementation plan.
(g)Effective date.Annual Briefings.—Effective February 1, 2022, at each of the annual cybersecurity budget review briefings of the Chief Information Officer of the Department of Defense and the military services for congressional staff, until January 1, 2030, the Chief Information Officer and the head of each of the military services shall provide updates on the implementation in their respective networks of the zero trust strategy, principles, and model architecture. SEC. 1529. [10 USC 2224 note](/us/usc/t10/s2224).DEMONSTRATION PROGRAM FOR AUTOMATED SECURITY VALIDATION TOOLS.(a) Deadline.Demonstration Program Required.—Not later than October 1, 2024, the Chief Information Officer of the Department of Defense, acting through the Director of the Defense Information Systems Agency of the Department, shall complete a demonstration program to demonstrate and assess an automated security validation capability to assist the Department by—(1) mitigating cyber hygiene challenges;
(2)supporting ongoing efforts of the Department to assess weapon systems resiliency;
(3)quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions of the Department;
(4)assisting portfolio managers with balancing capability costs and capability coverage of the threat landscape; and
(5)supporting the Department’s Cybersecurity Analysis and Review threat framework.
(b)Considerations.—In developing capabilities for the demonstration program required under subsection (a), the Chief Information Officer shall consider—(1) integration into automated security validation tools of advanced commercially available threat intelligence;
(2)metrics and scoring of security controls;
(3)cyber analysis, cyber campaign tracking, and cybersecurity information sharing;
(4)integration into cybersecurity enclaves and existing cybersecurity controls of security instrumentation and testing capability;
(5)endpoint sandboxing; and135 STAT. 2049
(6)use of actual adversary attack methodologies.
(c)Coordination With Military Services.—In carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency, shall coordinate demonstration program activities with complementary efforts on-going within the military services, defense agencies, and field agencies.
(d)Independent Capability Assessment.—In carrying out the demonstration program required under subsection (a), the Chief Information Officer, acting through the Director of the Defense Information Systems Agency and in coordination with the Director, Operational Test and Evaluation, shall perform operational testing to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program.
(e)Deadlines.Briefing.—(1) Initial briefing.—Not later than April 1, 2022, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plans and status of the Chief Information Officer with respect to the demonstration program required under subsection (a).
(2)Final briefing.—Not later than October 31, 2024, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the results and findings of the Chief Information Officer with respect to the demonstration program required under subsection (a). SEC. 1530. IMPROVEMENTS TO CONSORTIUM OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON CYBERSECURITY MATTERS. Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 391 note](/us/usc/t10/s391)) is amended—(1) in subsection (a)—(A) in the matter preceding paragraph (1), by striking “one or more consortia” and inserting “a consortium”; and
(B)in paragraph (1), by striking “or consortia”;
(2)in subsection (b), by striking “or consortia”;
(3)in subsection (c)—(A) by amending paragraph
(1)to read as follows:"“(1) Designation of administrative chair.—The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established pursuant to subsection (a).” ";
(B)by striking paragraph (2);
(C)by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively;
(D)in paragraph (2), as so redesignated—(i) in the matter preceding subparagraph (A)—(I) by striking “Each administrative” and inserting “The administrative”; and
(II)by striking “a consortium” and inserting “the consortium”; and
(ii)in subparagraph (A), by striking “for the term specified by the Secretary under paragraph (1)”; and135 STAT. 2050
(E)by amending paragraph (3), as so redesignated, to read as follows:"“(3) Consultation.Executive committee.—The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium.” "; and
(4)by amending subsection
(d)to read as follows:"“(d) Consultation.—The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium.” ". SEC. 1531. DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND WORKING GROUP.(a) Deadline.Plan Required.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the working group established under subsection (d)(1), shall develop a plan for the establishment of a modern information technology infrastructure that supports state of the art tools and modern processes to enable effective and efficient development, testing, fielding, and continuous updating of artificial intelligence-capabilities.
(b)Contents of Plan.—The plan developed pursuant to subsection
(a)shall include at a minimum the following:(1) A technical plan and guidance for necessary technical investments in the infrastructure described in subsection
(a)that address critical technical issues, including issues relating to common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure.
(2)A governance structure, together with associated policies and guidance, to support the implementation throughout the Department of such plan.
(3)Identification and minimum viable instantiations of prototypical development and platform environments with such infrastructure, including enterprise data sets assembled under subsection (e).
(c)Harmonization With Departmental Efforts.—The plan developed pursuant to subsection
(a)shall include a description of the aggregated and consolidated financial and personnel requirements necessary to implement each of the following Department of Defense documents:(1) The Department of Defense Digital Modernization Strategy.
(2)The Department of Defense Data Strategy.
(3)The Department of Defense Cloud Strategy.
(4)The Department of Defense Software Modernization Strategy.
(5)The Department-wide software science and technology strategy required under section 255 of the National Defense Authorization Act for Fiscal Year 2020 ([10 U.S.C. 2223a note](/us/usc/t10/s2223a)).
(6)The Department of Defense Artificial Intelligence Data Initiative.
(7)The Joint All-Domain Command and Control Strategy.
(8)Such other documents as the Secretary determines appropriate.
(d)Working Group.—135 STAT. 2051
(1)Deadline.Establishment.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group on digital development infrastructure implementation to develop the plan required under subsection (a).
(2)Membership.—The working group established under paragraph
(1)shall be composed of individuals selected by the Secretary of Defense to represent each of the following:(A) The Office of Chief Data Officer (CDO).
(B)The Component Offices of Chief Information Officer and Chief Digital Officer.
(C)The Joint Artificial Intelligence Center (JAIC).
(D)The Office of the Under Secretary of Defense for Research & Engineering (OUSD (R&E)).
(E)The Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD (A&S)).
(F)The Office of the Under Secretary of Defense for Intelligence & Security (OUSD (I&S)).
(G)Service Acquisition Executives.
(H)The Office of the Director of Operational Test and Evaluation (DOT&E).
(I)The office of the Director of the Defense Advanced Research Projects Agency (DARPA).
(J)Digital development infrastructure programs, including the appropriate activities of the military services and defense agencies.
(K)Such other officials of the Department of Defense as the Secretary determines appropriate.
(3)Chairperson.—The chairperson of the working group established under paragraph
(1)shall be the Chief Information Officer of the Department of Defense, or such other official as the Secretary of Defense considers appropriate.
(4)Consultation.—The working group shall consult with such experts outside of the Department of Defense as the working group considers necessary to develop the plan required under subsection (a).
(e)Strategic Data Node.—To enable efficient access to enterprise data sets referred to in subsection (b)(3) for users with authorized access, the Secretary of Defense shall assemble such enterprise data sets in the following areas:(1) Human resources.
(2)Budget and finance.
(3)Acquisition.
(4)Logistics.
(5)Real estate.
(6)Health care.
(7)Such other areas as the Secretary considers appropriate.
(f)Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the development of the plan required under subsection (a).135 STAT. 2052 SEC. 1532. [10 USC note](/us/usc/t10)prec. 2191.STUDY REGARDING ESTABLISHMENT WITHIN THE DEPARTMENT OF DEFENSE OF A DESIGNATED CENTRAL PROGRAM OFFICE TO OVERSEE ACADEMIC ENGAGEMENT PROGRAMS RELATING TO ESTABLISHING CYBER TALENT ACROSS THE DEPARTMENT.(a) Deadline.In General.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study regarding the need, feasibility, and advisability of establishing within the Department of Defense a designated central program office responsible for overseeing covered academic engagement programs across the Department. Such study shall examine the following:(1) Whether the Department’s cyber-focused academic engagement needs more coherence, additional coordination, or improved management, and whether a designated central program office would provide such benefits.
(2)How such a designated central program office would coordinate and harmonize Department programs relating to covered academic engagement programs.
(3)Metrics such office would use to measure the effectiveness of covered academic engagement programs.
(4)Whether such an office is necessary to serve as an identifiable entry point to the Department by the academic community.
(5)Whether the cyber discipline with respect to academic engagement should be treated separately from other STEM fields.
(6)How such an office would interact with the consortium universities (established pursuant to section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ([10 U.S.C. 391 note](/us/usc/t10/s391))) to assist the Secretary on cybersecurity matters.
(7)Whether the establishment of such an office would have an estimated net savings for the Department.
(b)Consultation.—In conducting the study required under subsection (a), the Secretary of Defense shall consult with and solicit recommendations from academic institutions and stakeholders, including primary, secondary, and post-secondary educational institutions.
(c)Determination.—(1) In general.—Upon completion of the study required under subsection (a), the Secretary of Defense shall make a determination regarding the establishment within the Department of Defense of a designated central program office responsible for overseeing covered academic engagement programs across the Department.
(2)Implementation.—If the Secretary of Defense makes an affirmative determination in accordance with paragraph (1), the Secretary shall establish within the Department of Defense a designated central program office responsible for overseeing covered academic programs across the Department. Not later than 180 daysDeadline.Regulations. after such a determination, the Secretary shall promulgate such rules and regulations as are necessary to so establish such an office.
(3)Notice.Negative determination.—If the Secretary of Defense makes a negative determination in accordance with paragraph (1), the Secretary shall submit to the congressional defense 135 STAT. 2053 committees notice of such determination, together with a justification for such determination. Such justification shall include—(A) how the Secretary intends to coordinate and harmonize covered academic engagement programs; and
(B)measures to determine effectiveness of covered academic engagement programs absent a designated central program office responsible for overseeing covered academic programs across the Department.
(d)Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that updates the matters required for inclusion in the reports required pursuant to section 1649 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92)) and section 1726(c) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(e)Definition.—In this section, the term “**covered academic engagement program**” means each of the following:(1) Primary, secondary, or post-secondary education programs with a cyber focus.
(2)Recruitment or retention programs for Department of Defense cyberspace personnel, including scholarship programs.
(3)Academic partnerships focused on establishing cyber talent.
(4)Cyber enrichment programs. SEC. 1533. REPORT ON THE CYBERSECURITY MATURITY MODEL CERTIFICATION PROGRAM.(a) Plans.Recommenda-tions.Report Required.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans and recommendations of the Secretary for the Cyber Maturity Model Certification program.
(b)Contents.—The report submitted under subsection
(a)shall include the following:(1) The programmatic changes required in the Cyber Maturity Model Certification program to address the plans and recommendations of the Secretary of Defense referred to in such subsection.
(2)The strategy of the Secretary for rulemaking for such program and the process for the Cybersecurity Maturity Model Certification rule.
(3)The budget and resources required to support such program.
(4)A plan for communication and coordination with the defense industrial base regarding such program.
(5)The coordination needed within the Department of Defense and between Federal agencies for such program.
(6)The applicability of such program requirements to universities and academic partners of the Department.
(7)A plan for communication and coordination with such universities and academic partners regarding such program.
(8)Plans and explicit public announcement of processes for reimbursement of cybersecurity compliance expenses for 135 STAT. 2054 small and non-traditional businesses in the defense industrial base.
(9)Plans for ensuring that persons seeking a Department contract for the first time are not required to expend funds to acquire cybersecurity capabilities and a certification required to perform under a contract as a precondition for bidding on such a contract without reimbursement in the event that such persons do not receive a contract award.
(10)Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance of subcontractors.
(11)Such additional matters as the Secretary considers appropriate. SEC. 1534. DEADLINE FOR REPORTS ON ASSESSMENT OF CYBER RESILIENCY OF NUCLEAR COMMAND AND CONTROL SYSTEM. Subsection
(c)of [section 499 of title 10, United States Code](/us/usc/t10/s499), is amended—(1) in the heading, by striking “Report” and inserting “Reports”;
(2)in paragraph (1), in the matter preceding subparagraph (A)—(A) by striking “The Commanders” and inserting “For each assessment conducted under subsection (a), the Commanders”; and
(B)by striking “the assessment required by subsection (a)” and inserting “the assessment”;
(3)in paragraph (2), by striking “the report” and inserting “each report”; and
(4)in paragraph (3)—(A) by striking “The Secretary” and inserting “Not later than 90 days after the date of the submission of a report under paragraph (1), the Secretary”; and
(B)by striking “required by paragraph (1)”. Subtitle C—Matters Related to Federal Cybersecurity SEC. 1541. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY TO IDENTIFY THREATS TO INDUSTRIAL CONTROL SYSTEMS.(a) In General.—Section 2209 of the Homeland Security Act of 2002 ([6 U.S.C. 659](/us/usc/t6/s659)) is amended—(1) in subsection (e)(1)—(A) in subparagraph (G), by striking “and;” after the semicolon;
(B)in subparagraph (H), by inserting “and” after the semicolon; and
(C)by adding at the end the following new subparagraph:"“(I) activities of the Center address the security of both information technology and operational technology, including industrial control systems;” "; and
(2)by adding at the end the following new subsection:"“(q) Industrial Control Systems.—The Director shall maintain capabilities to identify and address threats and vulnerabilities 135 STAT. 2055 to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall—“(1) Consultation.lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems; “(2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents; “(3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities; “(4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and “(5) conduct such other efforts and assistance as the Secretary determines appropriate.” ".
(b)Time period.Report to Congress.—Not later than 180 days after the date of the enactment of this Act and every six months thereafter during the subsequent 4-year period, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the industrial control systems capabilities of the Agency under section 2209 of the Homeland Security Act of 2002 ([6 U.S.C. 659](/us/usc/t6/s659)), as amended by subsection (a).
(c)Deadline.GAO Review.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall review implementation of the requirements of subsections (e)(1)(I) and
(p)of section 2209 of the Homeland Security Act of 2002 ([6 U.S.C. 659](/us/usc/t6/s659)), as amended by subsection (a), and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes findings and recommendations relating to such implementation. Such report shall include information on the following:(1) Any interagency coordination challenges to the ability of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to lead Federal efforts to identify and mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(1) of such section.
(2)The degree to which the Agency has adequate capacity, expertise, and resources to carry out threat hunting and incident response capabilities to mitigate cybersecurity threats to industrial control systems pursuant to subsection (p)(2) of such section, as well as additional resources that would be needed to close any operational gaps in such capabilities.
(3)The extent to which industrial control system stakeholders sought cybersecurity technical assistance from the 135 STAT. 2056 Agency pursuant to subsection (p)(3) of such section, and the utility and effectiveness of such technical assistance.
(4)The degree to which the Agency works with security researchers and other industrial control systems stakeholders, pursuant to subsection (p)(4) of such section, to provide vulnerability information to the industrial control systems community. SEC. 1542. CYBERSECURITY VULNERABILITIES. Section 2209 of the Homeland Security Act of 2002 ([6 U.S.C. 659](/us/usc/t6/s659)) is amended—(1) in subsection (a)—(A) by redesignating paragraphs
(4)through
(8)as paragraphs
(5)through (9), respectively; and
(B)by inserting after paragraph
(3)the following new paragraph:"“(4) the term ‘**cybersecurity vulnerability**’ has the meaning given the term ‘**security vulnerability**’ in section 102 of the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](/us/usc/t6/s1501));” ".
(2)in subsection (c)—(A) in paragraph (5)—(i) in subparagraph (A), by striking “and” after the semicolon at the end;
(ii)by redesignating subparagraph
(B)as subparagraph (C);
(iii)by inserting after subparagraph
(A)the following new subparagraph:"“(B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and” "; and
(iv)in subparagraph (C), as so redesignated, by inserting “and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate,” before “with Federal”;
(B)in paragraph (7)(C), by striking “sharing” and inserting “share”; and
(C)in paragraph (9), by inserting “mitigation protocols to counter cybersecurity vulnerabilities, as appropriate,” after “measures,”;
(3)by redesignating subsection
(o)as subsection (p); and
(4)by inserting after subsection
(n)following new subsection:"“(o) Protocols to Counter Certain Cybersecurity Vulnerabilities.—The Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.” ". SEC. 1543. REPORT ON CYBERSECURITY VULNERABILITIES.(a) Report.—Not later than one year after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on how the Agency carries out subsection
(n)of section 2209 of the Homeland Security 135 STAT. 2057 Act of 2002 to coordinate vulnerability disclosures, including disclosures of cybersecurity vulnerabilities (as such term is defined in such section), and subsection
(o)of such section to disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, that include the following:(1) A description of the policies and procedures relating to the coordination of vulnerability disclosures.
(2)A description of the levels of activity in furtherance of such subsections
(n)and
(o)of such section 2209.
(3)Any plans to make further improvements to how information provided pursuant to such subsections can be shared (as such term is defined in such section 2209) between the Department and industry and other stakeholders.
(4)Any available information on the degree to which such information was acted upon by industry and other stakeholders.
(5)A description of how privacy and civil liberties are preserved in the collection, retention, use, and sharing of vulnerability disclosures.
(b)Form.—The report required under subsection
(b)shall be submitted in unclassified form but may contain a classified annex. SEC. 1544. [6 USC 663 note](/us/usc/t6/s663).COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES. Consultation.The Under Secretary for Science and Technology of the Department of Homeland Security, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency of the Department, may establish an incentive-based program that allows industry, individuals, academia, and others to compete in identifying remediation solutions for cybersecurity vulnerabilities (as such term is defined in section 2209 of the Homeland Security Act of 2002) to information systems (as such term is defined in such section 2209) and industrial control systems, including supervisory control and data acquisition systems. SEC. 1545. STRATEGY. Section 2210 of the Homeland Security Act of 2002 ([6 U.S.C. 660](/us/usc/t6/s660)) is amended by adding at the end the following new subsection:"“(e) Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments.—“(1) In general.—“(A) Deadline.Requirement.—Not later than one year after the date of the enactment of this subsection, the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments. “(B) Recommendations and requirements.—The strategy required under subparagraph
(A)shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks (as such term is defined 135 STAT. 2058 in section 2209), cybersecurity threats, and incidents (as such term is defined in section 2209). “(2) Contents.—The strategy required under paragraph
(1)shall—“(A) identify capability gaps in the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; “(B) identify Federal resources and capabilities that are available or could be made available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; “(C) Recommenda-tions.identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations; “(D) identify opportunities to improve the coordination of the Agency with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center, to improve—“(i) incident exercises, information sharing and incident notification procedures; “(ii) the ability for State, local, Tribal, and territorial governments to voluntarily adapt and implement guidance in Federal binding operational directives; and “(iii) opportunities to leverage Federal schedules for cybersecurity investments under [section 502 of title 40, United States Code](/us/usc/t40/s502); “(E) Recommenda-tions.recommend new initiatives the Federal Government should undertake to improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; “(F) set short-term and long-term goals that will improve the ability of State, local, Tribal, and territorial governments to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents; and “(G) set dates, including interim benchmarks, as appropriate for State, local, Tribal, and territorial governments to establish baseline capabilities to identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents. “(3) Considerations.—In developing the strategy required under paragraph (1), the Director, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, shall consider—135 STAT. 2059“(A) lessons learned from incidents that have affected State, local, Tribal, and territorial governments, and exercises with Federal and non-Federal entities; “(B) the impact of incidents that have affected State, local, Tribal, and territorial governments, including the resulting costs to such governments; “(C) the information related to the interest and ability of state and non-state threat actors to compromise information systems (as such term is defined in section 102 of the Cybersecurity Act of 2015 ([6 U.S.C. 1501](/us/usc/t6/s1501))) owned or operated by State, local, Tribal, and territorial governments; and “(D) emerging cybersecurity risks and cybersecurity threats to State, local, Tribal, and territorial governments resulting from the deployment of new technologies. “(4) Exemption.—[Chapter 35 of title 44, United States Code](/us/usc/t44/ch35) (commonly known as the ‘Paperwork Reduction Act’), shall not apply to any action to implement this subsection.” ". SEC. 1546. CYBER INCIDENT RESPONSE PLAN. Subsection
(c)of section 2210 of the Homeland Security Act of 2002 ([6 U.S.C. 660](/us/usc/t6/s660)) is amended—(1) by striking “regularly update” and inserting “update not less often than biennially”; and
(2)Consultation.by adding at the end the following new sentence: “The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.”. SEC. 1547. [6 USC 665h](/us/usc/t6/s665h).NATIONAL CYBER EXERCISE PROGRAM.(a) In General.—Subtitle A of title XXII of the Homeland Security Act of 2002 ([6 U.S.C. 651 et seq.](/us/usc/t6/s651/etseq)) is amended by adding at the end the following new section:"“SEC. 2220B. NATIONAL CYBER EXERCISE PROGRAM.“(a) Establishment of Program.—“(1) In general.—There is established in the Agency the National Cyber Exercise Program (referred to in this section as the ‘Exercise Program’) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. “(2) Requirements.—“(A) Assessments.In general.—The Exercise Program shall be—“(i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; “(ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; “(iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and “(iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations.135 STAT. 2060 “(B) Model exercise selection.—The Exercise Program shall—“(i) include a selection of model exercises that government and private entities can readily adapt for use; and “(ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that—“(I) conform to the requirements described in subparagraph (A); “(II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and “(III) provide for systematic evaluation of readiness. “(3) Consultation.—In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. “(b) Definitions.—In this section:“(1) State.—The term ‘**State**’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States. “(2) Private entity.—The term ‘**private entity**’ has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](/us/usc/t6/s1501)). “(c) Rule of Construction.—Nothing in this section shall be construed to affect the authorities or responsibilities of the Administrator of the Federal Emergency Management Agency pursuant to section 648 of the Post-Katrina Emergency Management Reform Act of 2006 ([6 U.S.C. 748](/us/usc/t6/s748)).” ".
(b)Title XXII Technical and Clerical Amendments.—(1) Technical amendments.—(A) Homeland security act of 2002.—Subtitle A of title XXII of the Homeland Security Act of 2002 ([6 U.S.C. 651 et seq.](/us/usc/t6/s651/etseq)) is amended—(i) in section 2202(c) ([6 U.S.C. 652(c)](/us/usc/t6/s652/c))—(I) in paragraph (11), by striking “and” after the semicolon;
(II)in the first paragraph
(12)(relating to appointment of a Cybersecurity State Coordinator) by striking “as described in section 2215; and” and inserting “as described in section 2217;”;
(III)by redesignating the second paragraph
(12)(relating to the .gov internet domain) as paragraph (13); and
(IV)by redesignating the third paragraph
(12)(relating to carrying out such other duties and responsibilities) as paragraph (14);
(ii)in the first section 2215 ([6 U.S.C. 665](/us/usc/t6/s665); relating to the duties and authorities relating to .gov internet domain), by amending the section enumerator and heading to read as follows:135 STAT. 2061 "“SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.” "**;**
(iii)in the second section 2215 ([6 U.S.C. 665b](/us/usc/t6/s665b); relating to the joint cyber planning office), by amending the section enumerator and heading to read as follows:"“SEC. 2216. JOINT CYBER PLANNING OFFICE.” "**;**
(iv)in the third section 2215 ([6 U.S.C. 665c](/us/usc/t6/s665c); relating to the Cybersecurity State Coordinator), by amending the section enumerator and heading to read as follows:"“SEC. 2217. CYBERSECURITY STATE COORDINATOR.” "**;**
(v)in the fourth section 2215 ([6 U.S.C. 665d](/us/usc/t6/s665d); relating to Sector Risk Management Agencies), by amending the section enumerator and heading to read as follows:"“SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.” "**;**
(vi)in section 2216 ([6 U.S.C. 665e](/us/usc/t6/s665e); relating to the Cybersecurity Advisory Committee), by amending the section enumerator and heading to read as follows:"“SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.” "**;**
(vii)in section 2217 ([6 U.S.C. 665f](/us/usc/t6/s665f); relating to Cybersecurity Education and Training Programs), by amending the section enumerator and heading to read as follows:"“SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.” "**; and**
(viii)in section 2218 ([6 U.S.C. 665g](/us/usc/t6/s665g); relating to the State and Local Cybersecurity Grant Program), by amending the section enumerator and heading to read as follows:"“SEC. 2220A. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.” ".
(B)Consolidated appropriations act, 2021.—Paragraph
(1)of section 904(b) of division U of the Consolidated Appropriations Act, 2021 ([Public Law 116–260](/us/pl/116/260)) is amended, in the matter preceding subparagraph (A), by inserting “of 2002” after “Homeland Security Act”.
(2)Clerical amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by striking the items relating to sections 2214 through 2218 and inserting the following new items:" “Sec. 2214. National Asset Database. “Sec. 2215. Duties and authorities relating to .gov internet domain. “Sec. 2216. Joint cyber planning office. “Sec. 2217. Cybersecurity State Coordinator. “Sec. 2218. Sector Risk Management Agencies. “Sec. 2219. Cybersecurity Advisory Committee. “Sec. 2220. Cybersecurity Education and Training Programs. “Sec. 2220A. State and Local Cybersecurity Grant Program. “Sec. 2220B. National cyber exercise program.”. " SEC. 1548. CYBERSENTRY PROGRAM OF THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.(a) In General.—Title XXII of the Homeland Security Act of 2002 ([6 U.S.C. 651 et seq.](/us/usc/t6/s651/etseq)) is further amended by adding at the end the following new section:135 STAT. 2062 "“SEC. 2220C. [6 USC 665i](/us/usc/t6/s665i).CYBERSENTRY PROGRAM.“(a) Establishment.—There is established in the Agency a program, to be known as ‘CyberSentry’, to provide continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions, upon request and subject to the consent of such owner or operator. “(b) Activities.—The Director, through CyberSentry, shall—“(1) enter into strategic partnerships with critical infrastructure owners and operators that, in the determination of the Director and subject to the availability of resources, own or operate regionally or nationally significant industrial control systems that support national critical functions, in order to provide technical assistance in the form of continuous monitoring of industrial control systems and the information systems that support such systems and detection of cybersecurity risks to such industrial control systems and other cybersecurity services, as appropriate, based on and subject to the agreement and consent of such owner or operator; “(2) leverage sensitive or classified intelligence about cybersecurity risks regarding particular sectors, particular adversaries, and trends in tactics, techniques, and procedures to advise critical infrastructure owners and operators regarding mitigation measures and share information as appropriate; “(3) identify cybersecurity risks in the information technology and information systems that support industrial control systems which could be exploited by adversaries attempting to gain access to such industrial control systems, and work with owners and operators to remediate such vulnerabilities; “(4) produce aggregated, anonymized analytic products, based on threat hunting and continuous monitoring and detection activities and partnerships, with findings and recommendations that can be disseminated to critical infrastructure owners and operators; and “(5) support activities authorized in accordance with section 1501 of the National Defense Authorization Act for Fiscal Year 2022. “(c) Deadline.Privacy Review.—Not later than 180 days after the date of enactment of this section, the Privacy Officer of the Agency under section 2202(h) shall—“(1) review the policies, guidelines, and activities of CyberSentry for compliance with all applicable privacy laws, including such laws governing the acquisition, interception, retention, use, and disclosure of communities; and “(2) Reports.submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report certifying compliance with all applicable privacy laws as referred to in paragraph (1), or identifying any instances of noncompliance with such privacy laws. “(d) Report to Congress.—Not later than one year after the date of the enactment of this section, the Director shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing and written report on implementation of this section.135 STAT. 2063 “(e) Savings.—Nothing in this section may be construed to permit the Federal Government to gain access to information of a remote computing service provider to the public or an electronic service provider to the public, the disclosure of which is not permitted under [section 2702 of title 18, United States Code](/us/usc/t18/s2702). “(f) Definitions.—In this section:“(1) Cybersecurity risk.—The term ‘**cybersecurity risk**’ has the meaning given such term in section 2209(a). “(2) Industrial control system.—The term ‘**industrial control system**’ means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. “(3) Information system.—The term ‘**information system**’ has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 ([Public Law 114–113](/us/pl/114/113); [6 U.S.C. 1501(9)](/us/usc/t6/s1501/9)). “(g) Termination.—The authority to carry out a program under this section shall terminate on the date that is seven years after the date of the enactment of this section.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by adding after the item relating to section 2220B the following new item:" “Sec. 2220C. CyberSentry program.”. "
(c)Continuous Monitoring and Detection.—Section 2209(c)(6) of the Homeland Security Act of 2002 ([6 U.S.C. 659](/us/usc/t6/s659)) is amended by inserting “, which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions” after “mitigation, and remediation”. SEC. 1549. STRATEGIC ASSESSMENT RELATING TO INNOVATION OF INFORMATION SYSTEMS AND CYBERSECURITY THREATS.(a) Responsibilities of Director.—Section 2202(c)(3) of the Homeland Security Act of 2002 ([6 U.S.C. 652](/us/usc/t6/s652)) is amended by striking the semicolon at the end and adding the following: “, including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats;”
(b)Report.—(1) Assessment.In general.—Not later than 240 days after the date of the enactment of this Act and not fewer than once every three years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a strategic assessment for the purposes described in paragraph (2).135 STAT. 2064
(2)Purposes.—The purposes described in this paragraph are the following:(A) A description of the existing programs and activities administered in furtherance of section 2202(c)(3) of the Homeland Security Act of 2002 ([6 U.S.C. 652](/us/usc/t6/s652)).
(B)Assessment.An assessment of the capability of existing programs and activities administered by the Agency in furtherance of such section to monitor for, manage, mitigate, and defend against cybersecurity risks and cybersecurity threats.
(C)Assessment.An assessment of past or anticipated technological trends or innovation of information systems or information technology that have the potential to affect the efficacy of the programs and activities administered by the Agency in furtherance of such section.
(D)A description of any changes in the practices of the Federal workforce, such as increased telework, affect the efficacy of the programs and activities administered by the Agency in furtherance of section 2202(c)(3).
(E)Plan.A plan to integrate innovative security tools, technologies, protocols, activities, or programs to improve the programs and activities administered by the Agency in furtherance of such section.
(F)A description of any research and development activities necessary to enhance the programs and activities administered by the Agency in furtherance of such section.
(G)A description of proposed changes to existing programs and activities administered by the Agency in furtherance of such section, including corresponding milestones for implementation.
(H)Information relating to any new resources or authorities necessary to improve the programs and activities administered by the Agency in furtherance of such section.
(c)Definitions.—In this section:(1) The term “**Agency**” means the Cybersecurity and Infrastructure Security Agency.
(2)The term “**cybersecurity purpose**” has the meaning given such term in section 102(4) of the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501(4)](/us/usc/t6/s1501/4)).
(3)The term “**cybersecurity risk**” has the meaning given such term in section 2209(a)(2) of the Homeland Security Act of 2002 (U.S.C. 659(a)(2)).
(4)The term “**information system**” has the meaning given such term in [section 3502(8) of title 44, United States Code](/us/usc/t44/s3502/8).
(5)The term “**information technology**” has the meaning given such term in 3502(9) of [title 44, United States Code](/us/usc/t44).
(6)The term “**telework**” has the meaning given the term in [section 6501(3) of title 5, United States Code](/us/usc/t5/s6501/3). SEC. 1550. [6 USC 652 note](/us/usc/t6/s652).PILOT PROGRAM ON PUBLIC-PRIVATE PARTNERSHIPS WITH INTERNET ECOSYSTEM COMPANIES TO DETECT AND DISRUPT ADVERSARY CYBER OPERATIONS.(a) Deadline.Pilot Required.—Not later than one year after the date of the enactment of this Act, the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and in coordination with 135 STAT. 2065 the Secretary of Defense and the National Cyber Director, shall commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate, within the bounds of applicable provisions of law and such companies’ terms of service, policies, procedures, contracts, and other agreements, actions by such companies to discover and disrupt use by malicious cyber actors of the platforms, systems, services, and infrastructure of such companies.
(b)Public-private Partnerships.—(1) In general.—In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies.
(2)Voluntary participation.—(A) In general.—Participation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary.
(B)Prohibition.—No funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program.
(c)Authorized Activities.—In carrying out the pilot program under subsection (a), the Secretary may—(1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements;
(2)provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure;
(3)develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies;
(4)provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies;
(5)Recommenda-tions.provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies;
(6)Recommenda-tions.provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action;135 STAT. 2066
(7)Recommenda-tions.provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and
(8)provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action.
(d)Competition Concerns.—Consistent with [section 1905 of title 18, United States Code](/us/usc/t18/s1905), the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company.
(e)Impartiality.—In carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests.
(f)Responsibilities.—(1) Secretary of homeland security.—The Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program.
(2)National cyber director.—The National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program.
(3)Secretary of defense.—The Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency.
(g)Participation of Other Federal Government Components.—The Secretary may invite to participate in the pilot program required under subsection
(a)the heads of such departments or agencies as the Secretary considers appropriate.
(h)Integration With Other Efforts.—The Secretary shall ensure that the pilot program required under subsection
(a)makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following:(1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.135 STAT. 2067
(2)The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency.
(i)Rules of Construction.—(1) Limitation on government access to data.—Nothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law.
(2)Stored communications act.—Nothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under [chapter 121 of title 18, United States Code](/us/usc/t18/ch121) (commonly known as the “Stored Communications Act”).
(3)Third party customers.—Nothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a).
(j)Briefings.—(1) Initial.—(A) Deadline.In general.—Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a).
(B)Elements.—The briefing required under subparagraph
(A)shall include the following:(i) The plans of the Secretary for the implementation of the pilot program.
(ii)Identification of key priorities for the pilot program.
(iii)Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program.
(iv)A description of the roles and responsibilities in the pilot program of each participating Federal entity.
(2)Annual.—(A) Deadline.Time period.In general.—Not later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a).
(B)Elements.—Each briefing required under subparagraph
(A)shall include the following:(i) Recommenda-tions.Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program.
(ii)Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program.135 STAT. 2068
(iii)A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program.Recommenda-tions.
(iv)The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program.
(v)Such other matters as the Secretary considers appropriate.
(k)Termination.—The pilot program required under subsection
(a)shall terminate on the date that is five years after the date of the enactment of this Act.
(l)Definitions.—In this section:(1) Appropriate committees of congress.—The term “**appropriate committees of Congress**” means—(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and
(B)the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives.
(2)Internet ecosystem company.—The term “**internet ecosystem company**” means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a).
(3)Secretary.—The term “**Secretary**” means the Secretary of Homeland Security. SEC. 1551. [22 USC 8606 note](/us/usc/t22/s8606).UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.(a) Grant Program.—(1) Establishment.—The Secretary, in accordance with the agreement entitled the “Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters”, dated May 29, 2008 (or successor agreement), and the requirements specified in paragraph (2), shall establish a grant program at the Department to support—(A) cybersecurity research and development; and
(B)demonstration and commercialization of cybersecurity technology.
(2)Requirements.—(A) Applicability.—Notwithstanding section 317 of the Homeland Security Act of 2002 ([6 U.S.C. 195c](/us/usc/t6/s195c)), in carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, the Secretary shall require cost sharing in accordance with this paragraph.
(B)Research and development.—(i) In general.—Except as provided in clause (ii), the Secretary shall require not less than 50 percent of the cost of a research, development, demonstration, or commercial application program or activity described 135 STAT. 2069 in subparagraph
(A)to be provided by a non-Federal source.
(ii)Reduction.—The Secretary may reduce or eliminate, on a case-by-case basis, the percentage requirement specified in clause
(i)if the Secretary determines that such reduction or elimination is necessary and appropriate.
(C)Merit review.—In carrying out a research, development, demonstration, or commercial application program or activity that is authorized under this section, awards shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department.
(D)Review processes.—In carrying out a review under subparagraph (C), the Secretary may use merit review processes developed under section 302(14) of the Homeland Security Act of 2002 ([6 U.S.C. 182(14)](/us/usc/t6/s182/14)).
(3)Eligible applicants.—An applicant is eligible to receive a grant under this subsection if—(A) the project of such applicant—(i) addresses a requirement in the area of cybersecurity research or cybersecurity technology, as determined by the Secretary; and
(ii)is a joint venture between—(I)(aa) a for-profit business entity, academic institution, National Laboratory, or nonprofit entity in the United States; and
(bb)a for-profit business entity, academic institution, or nonprofit entity in Israel; or (II)(aa) the Federal Government; and
(bb)the Government of Israel; and
(B)neither such applicant nor the project of such applicant pose a counterintelligence threat, as determined by the Director of National Intelligence.
(4)Applications.—To be eligible to receive a grant under this subsection, an applicant shall submit to the Secretary an application for such grant in accordance with procedures established by the Secretary, in consultation with the advisory board established under paragraph (5).
(5)Advisory board.—(A) Establishment.—The Secretary shall establish an advisory board to—(i) monitor the method by which grants are awarded under this subsection; and
(ii)provide to the Secretary periodic performance reviews of actions taken to carry out this subsection.
(B)Composition.—The advisory board established under subparagraph
(A)shall be composed of three members, to be appointed by the Secretary, of whom—(i) one shall be a representative of the Federal Government;
(ii)one shall be selected from a list of nominees provided by the United States-Israel Binational Science Foundation; and
(iii)one shall be selected from a list of nominees provided by the United States-Israel Binational Industrial Research and Development Foundation.135 STAT. 2070
(6)Contributed funds.—Notwithstanding [section 3302 of title 31, United States Code](/us/usc/t31/s3302), the Secretary may, only to the extent provided in advance in appropriations Acts, accept or retain funds contributed by any person, government entity, or organization for purposes of carrying out this subsection. Such funds shall be available, subject to appropriation, without fiscal year limitation.
(7)Reports.—(A) Grant recipients.—Not later than 180 days after the date of completion of a project for which a grant is provided under this subsection, the grant recipient shall submit to the Secretary a report that contains—(i) a description of how the grant funds were used by the recipient; and
(ii)Evaluation.an evaluation of the level of success of each project funded by the grant.
(B)Secretary.—Not later than one year after the date of the enactment of this Act and annually thereafter until the grant program established under this subsection terminates, the Secretary shall submit to the Committees on Homeland Security and Governmental Affairs and Foreign Relations of the Senate and the Committees on Homeland Security and Foreign Affairs of the House of Representatives a report on grants awarded and projects completed under such program.
(8)Classification.—Grants shall be awarded under this subsection only for projects that are considered to be unclassified by both the United States and Israel.
(b)Authorization of Appropriations.—There is authorized to be appropriated to carry out this section not less than $6,000,000 for each of fiscal years 2022 through 2026.
(c)Definitions.—In this section—(1) the term “**cybersecurity research**” means research, including social science research, into ways to identify, protect against, detect, respond to, and recover from cybersecurity threats;
(2)the term “**cybersecurity technology**” means technology intended to identify, protect against, detect, respond to, and recover from cybersecurity threats;
(3)the term “**cybersecurity threat**” has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](/us/usc/t6/s1501); enacted as title I of the Cybersecurity Act of 2015 (division N of the Consolidated Appropriations Act, 2016 ([Public Law 114–113](/us/pl/114/113))));
(4)the term “**Department**” means the Department of Homeland Security;
(5)the term “**National Laboratory**” has the meaning given such term in section 2 of the Energy Policy Act of 2005 ([42 U.S.C. 15801](/us/usc/t42/s15801)); and
(6)the term “**Secretary**” means the Secretary of Homeland Security. SEC. 1552. AUTHORITY FOR NATIONAL CYBER DIRECTOR TO ACCEPT DETAILS ON NONREIMBURSABLE BASIS. Section 1752(e) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended—135 STAT. 2071(1) by redesignating paragraphs
(1)through
(8)as subparagraphs
(A)through (H), respectively, and indenting such subparagraphs two ems to the right;
(2)in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking “The Director may” and inserting the following:"“(1) In general.—The Director may” ";
(3)in paragraph (1)—(A) as redesignated by paragraph (2), by redesignating subparagraphs
(C)through
(H)as subparagraphs
(D)through (I), respectively; and
(B)by inserting after subparagraph
(B)the following new subparagraph:"“(C) accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 ([50 U.S.C. 3003(4)](/us/usc/t50/s3003/4))) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years;” "; and
(4)by adding at the end the following new paragraph:"“(2) Rules of construction regarding details.—Nothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director.” ". TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS Subtitle A— Space Activities Sec. 1601. National security space launch program. Sec. 1602. Redesignation of Space Force Acquisition Council; modifications relating to Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1603. Delegation of Authorities to Space Development Agency. Sec. 1604. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1605. Improvements to tactically responsive space launch program. Sec. 1606. Clarification of domestic services and capabilities in leveraging commercial satellite remote sensing. Sec. 1607. Programs of record of Space Force and commercial capabilities. Sec. 1608. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1609. Classification review of programs of the Space Force. Sec. 1610. Report on Range of the Future initiative of the Space Force. Sec. 1611. Space policy review. Sec. 1612. Annual briefing on threats to space operations. Sec. 1613. National Security Council briefing on potential harmful interference to Global Positioning System. Sec. 1614. Non-geostationary orbit satellite constellations. Sec. 1615. Briefing on prototype program for multiglobal navigation satellite system receiver development. Subtitle B— Defense Intelligence and Intelligence-Related Activities Sec. 1621. Notification of certain threats to United States Armed Forces by foreign governments.135 STAT. 2072 Sec. 1622. Strategy and plan to implement certain defense intelligence reforms. Sec. 1623. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Sec. 1624. Report on explosive ordnance intelligence matters. Subtitle C— Nuclear Forces Sec. 1631. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1632. Modification to requirements relating to nuclear force reductions. Sec. 1633. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1634. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1635. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1636. Procurement authority for certain parts of the ground-based strategic deterrent cryptographic device. Sec. 1637. Capability of B–21 bomber aircraft with long-range standoff weapon. Sec. 1638. Mission-design series popular name for ground-based strategic deterrent. Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1640. Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile. Sec. 1641. Limitation on availability of certain funds until submission of information relating to nuclear-armed sea-launched cruise missile. Sec. 1642. Annual certification on readiness of Minuteman III intercontinental ballistic missiles. Sec. 1643. Revised nuclear posture review. Sec. 1644. Review of safety, security, and reliability of nuclear weapons and related systems. Sec. 1645. Long-range standoff weapon. Sec. 1646. Ground-based strategic deterrent development program accountability matrices. Sec. 1647. Information regarding review of Minuteman III service life extension program or options for the future of the intercontinental ballistic missile force. Sec. 1648. Notification regarding intercontinental ballistic missiles of China. Sec. 1649. Independent review of nuclear command, control, and communications system. Sec. 1650. Review of engineering and manufacturing development contract for ground-based strategic deterrent program. Sec. 1651. Report on re-alerting long-range bombers. Sec. 1652. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1653. Briefing on consultations with United States allies regarding Nuclear Posture Review. Subtitle D— Missile Defense Programs Sec. 1661. Notification of changes to non-standard acquisition and requirements processes and responsibilities of Missile Defense Agency. Sec. 1662. Limitation on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1663. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1664. Directed energy programs for ballistic and hypersonic missile defense. Sec. 1665. Guam integrated air and missile defense system. Sec. 1666. Missile defense radar in Hawaii. Sec. 1667. Certification required for Russia and China to tour certain missile defense sites. Sec. 1668. Next generation interceptors for missile defense of the United States homeland. Sec. 1669. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1670. Update of study on discrimination capabilities of the ballistic missile defense system. Sec. 1671. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1672. Matters regarding Integrated Deterrence Review. Sec. 1673. Semiannual notifications regarding missile defense tests and costs. Sec. 1674. Report on senior leadership of Missile Defense Agency.135 STAT. 2073 Sec. 1675. Independent study of roles and responsibilities of Department of Defense components relating to missile defense. Subtitle E— Other Matters Sec. 1681. Cooperative threat reduction funds. Sec. 1682. Modification to estimate of damages from Federal Communications Commission Order 20–48. Sec. 1683. Establishment of office, organizational structure, and authorities to address unidentified aerial phenomena. Sec. 1684. Determination on certain activities with unusually hazardous risks. Sec. 1685. Study by Public Interest Declassification Board relating to certain tests in the Marshall Islands. Sec. 1686. Protection of Major Range and Test Facility Base. Sec. 1687. Congressional Commission on the Strategic Posture of the United States. Subtitle A—Space Activities SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.(a) Disclosure of National Security Space Launch Program Contract Pricing Terms.—(1) In general.—[Chapter 135 of title 10, United States Code](/us/usc/t10/ch135), is amended by inserting after section 2276 the following new section 2277:"“§ 2277.[10 USC 2277](/us/usc/t10/s2277). Disclosure of National Security Space Launch program contract pricing terms“(a) In General.—With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. For those contracts that include the launch of assets of the National Reconnaissance Office, the Secretary shall also submit the pricing terms to the congressional intelligence committees (as defined by section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](/us/usc/t50/s3003))). “(b) Competitively Sensitive Trade Secret Data.—The congressional defense committees and the congressional intelligence committees shall—“(1) treat a description of pricing terms submitted under subsection
(a)as competitively sensitive trade secret data; and “(2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. “(c) Rule of Construction.—For purposes of section 1905 of title 18, a disclosure of contract pricing terms under subsection
(a)shall be construed as a disclosure authorized by law.” ".
(2)Conforming amendment.—The table of sections at the beginning of such chapter[10 USC ](/us/usc/t10)prec. 2271. is amended by inserting after the item relating to section 2276 the following new item:" “2277. Disclosure of National Security Space Launch program contract pricing terms.”. "
(b)Time period.[10 USC 2276 note](/us/usc/t10/s2276).Policy.—With respect to entering into contracts for launch services during the period beginning on the date of the enactment of this Act and ending September 30, 2024, it shall be the policy of the Department of Defense and the National Reconnaissance Office to—135 STAT. 2074
(1)use the National Security Space Launch program to the extent practical to procure launch services only from launch service providers that can meet Federal requirements with respect to delivering required payloads to reference orbits covered under the requirements of phase two; and
(2)maximize continuous competition for launch services as the Space Force initiates planning for phase three, specifically for those technology areas that are unique to existing and emerging national security requirements.
(c)Determination.Notification.—If the Secretary of Defense or the Director of the National Reconnaissance Office determines that a program requiring launch services that could be met using phase two contracts will instead use an alternative launch procurement approach, not later than seven days after the date of such determination, the Secretary of Defense or, as appropriate, the Director of National Intelligence, shall submit to the appropriate congressional committees—(1) a notification of such determination;
(2)a certification that the alternative launch procurement approach is in the national security interest of the United States; and
(3)an outline of the cost analysis and any other rationale for such determination.
(d)Report.—(1) Requirement.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chief of Space Operations and the Director of the Space Development Agency, and in consultation with the Director of National Intelligence (including with respect to the views of the Director of the National Reconnaissance Office), shall submit to the appropriate congressional committees a report on the emerging launch requirements in the areas of space access, mobility, and logistics that will not be met by phase two capabilities.
(2)Elements.—The report under paragraph
(1)shall include the following:(A) An examination of potential benefits of competing one or more launches that are outside of phase two capabilities, focused on accelerating the rapid development and on-orbit deployment of enabling and transformational technologies required to address any emerging requirements, including with respect to—(i) delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment;
(ii)routine access to extended orbits beyond geostationary orbits, including cislunar orbits;
(iii)greater cislunar awareness capabilities;
(iv)vertical integration and standardized payload mating;
(v)increased responsiveness for heavy lift capability;
(vi)the ability to transfer orbits, including point-to-point orbital transfers;
(vii)capacity and capability to execute secondary deployments;135 STAT. 2075
(viii)high-performance upper stages; and
(ix)other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act.
(B)A description of how competing space access, mobility, and logistics launches could aid in establishing a new acquisition framework to—(i) promote the potential for additional open and sustainable competition for phase three; and
(ii)re-examine the balance of mission assurance versus risk tolerance to reflect new resilient spacecraft architectures and reduce workload on the Federal Government and industry to perform mission assurance where appropriate.
(C)Analysis.An analysis of how the matters under subparagraphs
(A)and
(B)may help continue to reduce the cost per launch of national security payloads.
(D)An examination of the effects to the National Security Space Launch program if contracted launch providers cannot meet all phase two requirements, including with respect to—(i) the effects to national security launch resiliency; and
(ii)the cost effects of a launch market that lacks full competition.
(3)Form.—The report under paragraph
(1)shall be submitted in unclassified form, but may include a classified appendix.
(4)Deadline.Briefing.—Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the report under paragraph (1).
(e)[10 USC 2276 note](/us/usc/t10/s2276).Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the congressional defense committees; and
(B)the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2)The term “**phase three**” means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024.
(3)The term “**phase two**” means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024. SEC. 1602. REDESIGNATION OF SPACE FORCE ACQUISITION COUNCIL; MODIFICATIONS RELATING TO ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE ACQUISITION AND INTEGRATION.(a) Modifications to Space Force Acquisition Council.—(1) Designation.—[Section 9021 of title 10, United States Code](/us/usc/t10/s9021), is amended—(A) in the section heading, by striking “force”;135 STAT. 2076
(B)in subsection (a), by striking “Space Force Acquisition Council” and inserting “Space Acquisition Council”; and
(C)in subsection (c), by striking “of the Air Force for space systems and programs” and inserting “space systems and programs of the armed forces”.
(2)Conforming amendment.—[Section 9016(b)(6)(B)(ii) of title 10, United States Code](/us/usc/t10/s9016/b/6/B/ii), is amended by striking “Space Force Acquisition Council” and inserting “Space Acquisition Council”.
(3)Clerical amendment.—The table of sections for [chapter 903 of title 10, United States Code](/us/usc/t10/ch903)[10 USC ](/us/usc/t10)prec. 9011., is amended by striking the item relating to section 9021 and inserting the following new item:" “9021. Space Acquisition Council.”. "
(4)[10 USC 9021 note](/us/usc/t10/s9021).References.—Any reference to the Space Force Acquisition Council in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Space Acquisition Council.
(b)Modifications Relating to the Assistant Secretary of the Air Force for Space Acquisition and Integration.—(1) Space force acquisition council review and certification of determinations of the assistant secretary of the air force for space acquisition and integration.—[Section 9021(c) of title 10, United States Code](/us/usc/t10/s9021/c), as amended by subsection (a), is further amended—(A) by striking “The Council” and inserting “(1) The Council”; and
(B)by adding at the end the following new paragraph:"“(2)(A) The Council shall promptly—“(i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for the space systems and programs of the armed forces under section 9016(b)(6)(B)(i) of this title, including the requirements for operating such space systems or programs; and “(ii) either—“(I) if the Council finds such a determination to be warranted, certify the determination; or “(II) if the Council finds such a determination not to be warranted, decline to certify the determination. “(B) Deadline.Not later than 10 business days after the date on which the Council makes a finding with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the finding, including a detailed justification for the finding. “(C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 30 days has elapsed following the date on which the Council submits the notification under subparagraph (B). “(D)(i) The Secretary of Defense may waive subparagraph
(C)in the event of an urgent national security requirement. “(ii) Notification.The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under clause (i), including a justification for the waiver.” ".135 STAT. 2077
(2)Department of defense space systems and programs.—Clause
(i)of [section 9016(b)(6)(B) of title 10, United States Code](/us/usc/t10/s9016/b/6/B), is amended to read as follows:"“(i) Be responsible for and oversee all architecture and integration with respect to the acquisition of the space systems and programs of the armed forces, including in support of the Chief of Space Operations under section 9082 of this title.” ".
(3)Transfer of acquisition projects for space systems and programs.—Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1566](/us/stat/133/1566); [10 U.S.C. 9016 note](/us/usc/t10/s9016)) is amended by striking “of the Air Force” and inserting “of the Armed Forces”.
(4)Designation of force design architect for department of defense space systems.—Not Deadline.[10 USC 9082 note](/us/usc/t10/s9082).later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall—(A) designate the Chief of Space Operations the force design architect for space systems of the Armed Forces; and
(B)submit to the congressional defense committees a certification of such designation. SEC. 1603. DELEGATION OF AUTHORITIES TO SPACE DEVELOPMENT AGENCY. [Section 9086 of title 10, United States Code](/us/usc/t10/s9086), as redesignated by section 1081, is amended by adding at the end the following new subsection:"“(d) Delegation of Authorities.—(1) With respect to tranche 0 capabilities and tranche 1 capabilities, to the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space Systems and Programs, shall ensure the delegation to the Agency of—“(A) head of contracting authority; and “(B) milestone decision authority for the middle tier of acquisition programs. “(2)(A) The Service Acquisition Executive for Space Systems and Programs may rescind the delegation of authority under paragraph
(1)for cause or on a case-by-case basis. “(B) Deadline.Notification.Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission. “(3) In this subsection:“(A) The term ‘**tranche 0 capabilities**’ means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2022. “(B) The term ‘**tranche 1 capabilities**’ means capabilities relating to transport, battle management, tracking, custody, navigation, deterrence, and support, that are intended to be achieved by September 30, 2024.” ". SEC. 1604. EXTENSION AND MODIFICATION OF COUNCIL ON OVERSIGHT OF THE DEPARTMENT OF DEFENSE POSITIONING, NAVIGATION, AND TIMING ENTERPRISE. [Section 2279b of title 10, United States Code](/us/usc/t10/s2279b), is amended—(1) in subsection (d)(2)—(A) by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; and135 STAT. 2078
(B)by inserting after subparagraph
(C)the following new subparagraph (D):"“(D) Alternative methods to perform position navigation and timing.” "; and
(2)in subsection (h), by striking “National Defense Authorization Act for Fiscal Year 2016” and inserting “National Defense Authorization Act for Fiscal Year 2022”. SEC. 1605. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE LAUNCH PROGRAM. Section 1609 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283); [134 Stat. 4048](/us/stat/134/4048)) is amended—(1) by striking “The Secretary” and inserting “(a) Program.—The Secretary”; and
(2)by adding at the end the following new subsection:"“(b) Support.—“(1) Consultation.Elements.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall support the tactically responsive launch program under subsection
(a)during the period covered by the future-years defense program submitted to Congress under [section 221 of title 10, United States Code](/us/usc/t10/s221), in 2022 to ensure that the program addresses the following:“(A) The ability to rapidly place on-orbit systems to respond to urgent needs of the commanders of the combatant commands or to reconstitute space assets and capabilities to support national security priorities if such assets and capabilities are degraded, attacked, or otherwise impaired, including such assets and capabilities relating to protected communications and intelligence, surveillance, and reconnaissance. “(B) The entire launch process, including with respect to launch services, satellite bus and payload availability, and operations and sustainment on-orbit. “(2) Consultation.Plan.—As a part of the defense budget materials (as defined in [section 239 of title 10, United States Code](/us/usc/t10/s239)) for fiscal year 2023, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to Congress a plan for the tactically responsive launch program to address the elements under paragraph (1). Such plan shall include the following:“(A) Lessons learned from the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force, and how to incorporate such lessons into future efforts regarding tactically responsive launches. “(B) How to achieve responsive acquisition timelines within the adaptive acquisition framework for space acquisition pursuant to section 807. “(C) Plans to address supply chain issues and leverage commercial capabilities to support future reconstitution and urgent space requirements leveraging the tactically responsive launch program under subsection (a).” ".135 STAT. 2079 SEC. 1606. CLARIFICATION OF DOMESTIC SERVICES AND CAPABILITIES IN LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING. Section 1612(c) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283); [10 U.S.C. 441 note](/us/usc/t10/s441)) is amended—(1) by redesignating paragraph
(4)as paragraph (5); and
(2)by inserting after paragraph
(3)the following new paragraph (4):"“(4) The term ‘**domestic**’ includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs.” ". SEC. 1607. PROGRAMS OF RECORD OF SPACE FORCE AND COMMERCIAL CAPABILITIES.(a) Service Acquisition Executive for Space Systems and Programs.—Section 957(c) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [10 U.S.C. 9016 note](/us/usc/t10/s9016)) is amended by adding at the end the following new paragraph:"“(5) Programs of record and commercial capabilities.—Prior to establishing a program of record, the Service Acquisition Executive for Space Systems and Programs shall determine whether existing or planned commercially available capabilities could meet all or a portion of the requirements for that proposed program. Not later than 30 days after the date on which the Service Acquisition Executive makes such a positive determination, the Service Acquisition Executive shall submit to the congressional defense committees a notification of the results of the determination.” ".
(b)[10 USC 2271 note](/us/usc/t10/s2271).Limitation.—(1) In general.—Except as provided by paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out operational requirements, including command and control requirements, targeting requirements, or other requirements that are necessary to execute strategic and tactical operations.
(2)Mitigation measures.—The Secretary may rely solely on the use of commercial satellite services and associated systems to carry out an operational requirement described in paragraph
(1)if the Secretary has taken measures to mitigate the vulnerability of any such requirement.
(c)Briefings.—(1) Time period.Requirement.—Not less frequently than quarterly through fiscal year 2025, the Secretary shall provide to the congressional defense committees a briefing on the use and extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department.
(2)Elements.—Each briefing under paragraph
(1)shall include the following for the preceding quarter:135 STAT. 2080(A) A summary of commercial data and services used to fulfill requirements of the Department or to augment the systems and capabilities of the Department.
(B)Assessment.An assessment of any reliance on, and the resulting vulnerabilities of, such data and services.
(C)An analysis of potential measures to mitigate such vulnerabilities.
(D)A description of mitigation measures taken by the Secretary under subsection (b)(2).
(d)Study.—The Secretary of the Air Force shall seek to enter into an agreement with a federally funded research and development center that is not closely affiliated with the Air Force or the Space Force to conduct a study on—(1) the extent of commercial support of, and integration into, the space operations of the Armed Forces; and
(2)measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict. SEC. 1608. EXTENSION AND MODIFICATION OF CERTIFICATIONS REGARDING INTEGRATED TACTICAL WARNING AND ATTACK ASSESSMENT MISSION OF THE AIR FORCE. Section 1666 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [113 Stat. 2617](/us/stat/113/2617)), as amended by section 1604 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)), is further amended—(1) in the section heading, by striking “the air force” and inserting “the department of the air force”;
(2)in subsection (a)—(A) in the matter preceding paragraph (1)—(i) by striking “each year thereafter through 2020” and inserting “each year thereafter through 2026”; and
(ii)by inserting “, in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command,” after “the Commander of the United States Space Command”;
(B)in paragraph (1)—(i) by striking “the Air Force is” and inserting “the Department of the Air Force is”; and
(ii)by inserting “and the Space Force” after “to the Air Force”; and
(C)in paragraph (2), by striking “the Air Force” and inserting “the Department of the Air Force”; and
(3)in subsection (b)—(A) by inserting “of the United States Space Command” after “Commander”;
(B)by striking “system of the Air Force” and inserting “system of the Department of the Air Force”;
(C)by striking “command of the Air Force” and inserting “command of the Department of the Air Force”; and
(D)by striking “aspects of the Air Force” and inserting “aspects of the Department of the Air Force”.135 STAT. 2081 SEC. 1609. [10 USC 2271 note](/us/usc/t10/s2271).CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE FORCE.(a) Deadline.Classification Review.—The Secretary of Defense shall—(1) not later than 120 days after the date of the enactment of this Act, conduct a review of each classified program managed under the authority of the Space Force to determine whether—(A) the level of classification of the program could be changed to a lower level; or
(B)the program could be declassified; and
(2)Deadline.not later than 90 days after the date on which the Secretary completes such review, commence the change to the classification level or the declassification as determined in such review.
(b)Determination.Coordination.—The Secretary shall carry out the review under subsection (a)(1) in coordination with the Assistant Secretary of Defense for Space Policy and, as the Secretary determines appropriate, the heads of other elements of the Department of Defense.
(c)Report.—Not later than 60 days after the date on which the Secretary completes the review under subsection (a)(1), the Secretary, in coordination with the Assistant Secretary of Defense for Space Policy, shall submit to the congressional defense committees a report identifying each program managed under the authority of the Space Force covered by a determination regarding changing the classification level of the program or declassifying the program, including—(1) the timeline for implementing such change or declassification; and
(2)any risks that exist in implementing such change or declassification. SEC. 1610. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE SPACE FORCE. Not later than 90 days after the date of the enactment of this Act, the Chief of Space Operations shall submit to the congressional defense committees a report containing the following:(1) Plan.A detailed plan to carry out the Space Force “Range of the Future” initiative, including the estimated funding required to implement the plan.
(2)Identification of any specific authorities the Chief determines need to be modified by law to improve the ability of the Space Force to address long-term challenges to the physical infrastructure at the launch ranges of the Space Force, and an explanation for why such modified authorities are needed.
(3)Any additional proposals that would support improved infrastructure at the launch ranges of the Space Force, including recommendations for legislative action to carry out such proposals. SEC. 1611. SPACE POLICY REVIEW.(a) Consultation.In General.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall carry out a review of the space policy of the Department of Defense.
(b)Assessments.Elements.—The review under subsection
(a)shall include the following:(1) Time period.With respect to the five-year period following the date of the review, an assessment of the threat to the space operations of the United States and the allies of the United States.135 STAT. 2082
(2)An assessment of the national security objectives of the Department relating to space.
(3)An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year period.
(4)An assessment of the policy of the Department with respect to deterring, responding to, and countering threats to the space operations of the United States and the allies of the United States.
(5)An analysis of such policy with respect to normative behaviors in space, including the commercial use of space.
(6)An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including reviews regarding nuclear, missile defense, and cyber operations.
(7)A description of the organization and space doctrine of the Department to carry out the space policy of the Department.
(8)An assessment of the space systems and architectures to implement such space policy.
(9)Any other matters the Secretary considers appropriate.
(c)Report.—(1) Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report on the results of the review under subsection (a).
(2)Annual updates.—Concurrent with the submission to Congress of the budget of the President for each of fiscal years 2024 through 2026 pursuant to [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a), and more frequently during such period as the Secretary determines appropriate, the Secretary, in consultation with the Director, shall submit to the appropriate congressional committees a report describing any update to the assessments, analyses, and evaluations carried out pursuant to such review.
(3)Form.—Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means the following:(1) The congressional defense committees.
(2)The Committee on Science, Space, and Technology and the Permanent Select Committee on Intelligence of the House of Representatives.
(3)The Committee on Commerce, Science, and Transportation and the Select Committee on Intelligence of the Senate. SEC. 1612. ANNUAL BRIEFING ON THREATS TO SPACE OPERATIONS.(a) Deadline.Requirement.—Not later than February 28 each year through 2026, the Chief of Space Operations, in consultation with the Commander of the United States Space Command and the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the threats to the space operations of the United States posed by Russia, China, and any other country relevant to the conduct of such operations.
(b)Elements.—Each briefing under subsection
(a)shall include the following:135 STAT. 2083(1) A review of the current posture of threats described in such subsection and anticipated advances in such threats over the subsequent five-year period.
(2)A description of potential measures to counter such threats.
(c)Distribution of Briefing.—On or about the same day as the Chief of Space Operations provides to the appropriate congressional committees a briefing under subsection (a), the Chief shall also provide to the National Space Council, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration the briefing at the highest level of classification possible.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committees on Armed Services, Energy and Commerce, Transportation and Infrastructure, and Science, Space, and Technology, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2)the Committees on Armed Services and Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate. SEC. 1613. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL HARMFUL INTERFERENCE TO GLOBAL POSITIONING SYSTEM.(a) Deadline.Requirement.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the National Security Council, the Secretary of Commerce, and the Commissioners of the Federal Communications Commission a briefing at the highest level of classification on the current assessment of the Department of Defense, as of the date of the briefing, regarding the potential for harmful interference to the Global Positioning System, mobile satellite services, or other tactical or strategic systems of the Department of Defense, from commercial terrestrial operations and mobile satellite services using the 1525–1559 megahertz band and the 1626.5–1660.5 megahertz band.
(b)Matters Included.—The briefing under subsection
(a)shall include—(1) potential operational impacts that have been studied within the megahertz bands specified in such subsection; and
(2)impacts that could be mitigated, if any, including how such mitigations could be implemented.
(c)Deadline.Congressional Briefing.—Not later than seven days after the date on which the Secretary provides the briefing under subsection (a), the Secretary shall provide to the appropriate congressional committees such briefing.
(d)Independent Technical Review.—The Secretary shall carry out subsections
(a)and
(c)regardless of whether the independent technical review conducted pursuant to section 1663 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) has been completed.
(e)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the congressional defense committees; and135 STAT. 2084
(2)the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 1614. NON-GEOSTATIONARY ORBIT SATELLITE CONSTELLATIONS.(a) Consultation.Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of the Defense Agencies, shall submit to the congressional defense committees a report on current commercial satellite communication initiatives, including with respect to new non-geostationary orbit satellite technologies that the Department of Defense has employed to increase satellite communication throughput to existing platforms of the military departments currently constrained by legacy capabilities.
(b)Matters Included.—The report under subsection
(a)shall include the following:(1) A potential investment strategy concerning how to operationalize commercial satellite communication capabilities using non-geostationary orbit satellites across each of the military departments, including—(A) requisite funding required to adequately prioritize and accelerate the integration of such capabilities into the warfighting systems of the departments; and
(B)future-year spending projections for such efforts that align with other satellite communication investments of the Department of Defense.
(2)An integrated satellite communications reference architecture roadmap for the Department of Defense to achieve a resilient, secure network for operationalizing commercial satellite communication capabilities, including through the use of non-geostationary orbit satellites, across the Department that is capable of leveraging multi-band and multi-orbit architectures, including requirements that enable maximum use of commercially available technologies. SEC. 1615. BRIEFING ON PROTOTYPE PROGRAM FOR MULTIGLOBAL NAVIGATION SATELLITE SYSTEM RECEIVER DEVELOPMENT. Deadline.Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the implementation of the program required under section 1607 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1724](/us/stat/133/1724)), including with respect to addressing each element specified in subsection
(b)of such section. Subtitle B—Defense Intelligence and Intelligence-Related Activities SEC. 1621. [10 USC note](/us/usc/t10)prec. 421.NOTIFICATION OF CERTAIN THREATS TO UNITED STATES ARMED FORCES BY FOREIGN GOVERNMENTS.(a) Determination That Foreign Government Intends to Cause the Death of or Serious Bodily Injury to Members of the Armed Forces.—The Consultation.Secretary of Defense shall carry out the notification requirement under subsection
(b)whenever the 135 STAT. 2085 Secretary, in consultation with the Director of National Intelligence, determines with high confidence that, on or after the date of the enactment of this Act, an official of a foreign government has taken a substantial step that is intended to cause the death of, or serious bodily injury to, any member of the United States Armed Forces, whether through direct means or indirect means, including through a promise or agreement by the foreign government to pay anything of pecuniary value to an individual or organization in exchange for causing such death or serious bodily injury.
(b)Notice to Congress.—(1) Deadline.Determination.Assessments.Notification.—Except as provided by paragraph (2), not later than 14 days after making a determination under subsection (a), the Secretary shall notify the congressional defense committees of such determination. Such notification shall include, at a minimum, the following:(A) A description of the nature and extent of the effort by the foreign government to target members of the United States Armed Forces.
(B)An assessment of what specific officials, agents, entities, and departments within the foreign government authorized the effort.
(C)An assessment of the motivations of the foreign government for undertaking such an effort.
(D)An assessment of whether the effort of the foreign government was a substantial factor in the death or serious bodily injury of any member of the United States Armed Forces.
(E)Determination.Any other information the Secretary determines appropriate.
(2)Waiver.—On a case-by-case basis, the Secretary may waive the notification requirement under paragraph
(1)if the Secretary—(A) determines that the waiver is in the national security interests of the United States; and
(B)Determination.submits to the congressional defense committees a written justification of such determination.
(c)Definitions.—In this section:(1) The term “**anything of pecuniary value**” has the meaning given that term in [section 1958(b)(1) of title 18, United States Code](/us/usc/t18/s1958/b/1).
(2)The term “**determines with high confidence**”—(A) means that the official making the determination—(i) has concluded that the judgments in the determination are based on sound analytic argumentation and high-quality, consistent reporting from multiple sources, including through clandestinely obtained documents, clandestine and open source reporting, and in-depth expertise;
(ii)with respect to such judgments, has concluded that the intelligence community has few intelligence gaps and few assumptions underlying the analytic line and that the intelligence community has concluded that the potential for deception is low; and
(iii)has examined long-standing analytic judgments and considered alternatives in making the determination; but135 STAT. 2086
(B)does not mean that the official making the determination has concluded that the judgments in the determination are fact or certainty.
(3)The term “**direct means**” means without the use of intermediaries.
(4)The term “**foreign government**” means the government of a foreign country with which the United States is at peace.
(5)The term “**indirect means**” means through, or with the assistance of, intermediaries. SEC. 1622. [10 USC note](/us/usc/t10)prec. 421.STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE INTELLIGENCE REFORMS.(a) Strategy and Plan.—The Secretary of Defense, in coordination with the Director of National Intelligence, shall develop and implement a strategy and plan to enable the Defense Intelligence Enterprise to more effectively fulfill the intelligence and information requirements of the commanders of the combatant commands with respect to efforts by the combatant commands to expose and counter foreign malign influence, coercion, and subversion activities undertaken by, or at the direction, on behalf, or with substantial support of the governments of, covered foreign countries.
(b)Matters Included in Plan.—The plan under subsection
(a)shall include the following:(1) A plan to improve policies and procedures of the Defense Intelligence Enterprise to assemble and release facts about the foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection in a timely way and in forms that allow for greater distribution and release.
(2)A plan to develop and publish validated priority intelligence requirements of the commanders of the combatant commands.
(3)A plan to better leverage open-source and commercially available information and independent analyses to support the efforts by the combatant commands described in such subsection.
(4)A review by each element of the Defense Intelligence Enterprise of the approaches used by that element—(A) with respect to intelligence that has not been processed or analyzed, to separate out data from the sources and methods by which the data is obtained (commonly known as “tearlining”); and
(B)with respect to finished intelligence products that relate to foreign malign influence, coercion, and subversion activities of a covered foreign country described in such subsection, to downgrade the classification level of the product.
(6)An identification of any additional resources or legislative authority necessary to better meet the intelligence and information requirements described in such subsection.
(7)An assignment of responsibilities and timelines for the implementation of the plans described in paragraphs (1), (2), and (3).
(8)Any other matters the Secretary determines relevant.
(c)Deadline.Submission.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall submit to the 135 STAT. 2087 appropriate congressional committees and the Comptroller General of the United States the plan developed under subsection (a).
(d)Comptroller General Review.—(1) Requirement.—The Comptroller General shall conduct a review of—(A) the plan submitted under subsection (c); and
(B)the activities and future plans of the Defense Intelligence Enterprise for meeting the intelligence and information requirements described in subsection (a).
(2)Elements.—The review under paragraph
(1)shall include the following:(A) The extent to which the plan submitted under subsection
(c)includes the elements identified in subsection (b).
(B)The extent to which the Defense Intelligence Enterprise has clearly assigned roles, responsibilities, and processes for fulfilling the intelligence and information requirements described in subsection (a).
(C)The extent to which the Defense Intelligence Enterprise is planning to obtain additional capabilities and resources to improve the quality and timeliness of intelligence and information provided to the commanders of the combatant commands to aid in the efforts described in subsection (a).
(D)The extent to which the Defense Intelligence Enterprise is identifying, obtaining, and using commercial and publicly available information to aid in such efforts.
(E)Any other related issues that the Comptroller General determines appropriate.
(3)Briefing and report.—Not later than 120 days after the date on which the Comptroller General receives the plan under subsection (c), the Comptroller General shall provide to the appropriate congressional committees a briefing on any initial findings about the plan. After such briefing, the Comptroller General shall submit to the committees a report on the plan at a date mutually agreed upon by the Comptroller General and the committees.
(e)Deadline.Congressional Briefing.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter through December 31, 2026, the Secretary, in coordination with the Director of National Intelligence, shall provide to the appropriate congressional committees a briefing on the strategy and plan under subsection (a).
(f)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means the following:(A) The congressional defense committees.
(B)The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2)The term “**covered foreign country**” means any of the following:(A) The People’s Republic of China.
(B)The Russian Federation.
(C)The Islamic Republic of Iran.
(D)The Democratic People’s Republic of Korea.135 STAT. 2088
(E)Any other foreign country the Secretary of Defense and the Director of National Intelligence determine appropriate.
(3)The term “**Defense Intelligence Enterprise**” has the meaning given that term in [section 426(b)(4) of title 10, United States Code](/us/usc/t10/s426/b/4). SEC. 1623. ANNUAL BRIEFING BY DIRECTOR OF THE DEFENSE INTELLIGENCE AGENCY ON ELECTRONIC WARFARE THREAT TO OPERATIONS OF THE DEPARTMENT OF DEFENSE.(a) Deadline.Requirement.—Not later than March 31, 2022, and annually thereafter through 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of the Department of Defense by Russia, China, and other countries relevant to the conduct of such operations.
(b)Contents.—Each briefing provided under subsection
(a)shall include a review of the following:(1) Current electronic warfare capabilities of the armed forces of Russia, the armed forces of China, and the armed forces of such other countries as the Director considers appropriate.
(2)With respect to the five-year period beginning after the date of the briefing, an estimate of—(A) advances in electronic warfare threats to the operations of the Department from the countries referred to in paragraph (1); and
(B)the order of battle for Russia, China, and each other country the Secretary considers appropriate. SEC. 1624. REPORT ON EXPLOSIVE ORDNANCE INTELLIGENCE MATTERS. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability of—(1) designating the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence; and
(2)including in the responsibilities of the Director of the Defense Intelligence Agency pursuant to section 105 of the National Security Act of 1947 ([50 U.S.C. 3038](/us/usc/t50/s3038)) explosive ordnance intelligence, including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.135 STAT. 2089 Subtitle C—Nuclear Forces SEC. 1631. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND STRATEGIC DETERRENCE EXERCISES. [Chapter 24 of title 10, United States Code](/us/usc/t10/ch24)[10 USC ](/us/usc/t10)prec. 491., is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly):"“SEC. 499b. PARTICIPATION IN UNITED STATES STRATEGIC COMMAND STRATEGIC DETERRENCE EXERCISES.“(a) [10 USC 499b](/us/usc/t10/s499b).Participation.—In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032—“(1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; “(2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; “(3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; “(4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; “(5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; “(6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and “(7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise:“(A) The Commander. “(B) The Deputy Commander. “(C) The Director of the Joint Staff for Operations. “(D) The Director of the Joint Staff for Strategic Plans and Policy. “(b) Time period.Briefing.—Not fewer than once every four years (or more frequently if appropriate) during the period specified in subsection (a), the President shall be provided a briefing on the annual strategic deterrence exercise held by the United States Strategic Command during the year in which the briefing is provided, including the principal findings resulting from the exercise. “(c) Reports.—(1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following:135 STAT. 2090“(A) A description of the purpose and scope of the exercise. “(B) An identification of the principal personnel participating in the exercise. “(C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. “(D) Whether the President was briefed on the exercise and the principal findings resulting from the exercise. “(2) Deadline.Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall submit to the congressional defense committees—“(A) an unedited copy of the report of the Commander submitted under paragraph (1); and “(B) any additional recommendations or other matters the Secretary considers appropriate.” ". SEC. 1632. MODIFICATION TO REQUIREMENTS RELATING TO NUCLEAR FORCE REDUCTIONS. [Section 494(c) of title 10, United States Code](/us/usc/t10/s494/c), is amended—(1) by striking “December 31, 2011” each place it appears and inserting “December 31, 2021”; and
(2)in paragraph (3), by striking “December 31, 2017” and inserting “February 1, 2025”. SEC. 1633. MODIFICATIONS TO REQUIREMENTS RELATING TO UNILATERAL CHANGES IN NUCLEAR WEAPONS STOCKPILE OF THE UNITED STATES. [Section 498 of title 10, United States Code](/us/usc/t10/s498), is amended—(1) by striking subsection
(a)and inserting the following new subsection (a):"“(a) In General.—Other than pursuant to a treaty to which the Senate has provided advice and consent pursuant to [section 2 of article II of the Constitution of the United States](/us/cons/aII/s2), if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 20 percent, prior to doing so the President shall initiate a Nuclear Posture Review.” ";
(2)in subsection (c), by striking “in the nuclear weapons stockpile by more than 25 percent” and inserting “described in subsection (a)”;
(3)in subsection (d), by striking “treaty obligations” and inserting “obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to [section 2 of article II of the Constitution](/us/cons/aII/s2)”; and
(4)by adding at the end the following:"“(f) New START Treaty Defined.—In this section, the term ‘**New START Treaty**’ means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011.” ".135 STAT. 2091 SEC. 1634. DEADLINE FOR REPORTS ON MODIFICATION OF FORCE STRUCTURE FOR STRATEGIC NUCLEAR WEAPONS DELIVERY SYSTEMS. [Section 493 of title 10, United States Code](/us/usc/t10/s493), is amended in the first sentence by inserting after “report on the modification” the following: “not less than 180 days before the intended effective date of the modification”. SEC. 1635. MODIFICATION OF DEADLINE FOR NOTIFICATIONS RELATING TO REDUCTION, CONSOLIDATION, OR WITHDRAWAL OF NUCLEAR FORCES BASED IN EUROPE. [Section 497(b) of title 10, United States Code](/us/usc/t10/s497/b), is amended by striking “60 days” and inserting “120 days”. SEC. 1636. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF THE GROUND-BASED STRATEGIC DETERRENT CRYPTOGRAPHIC DEVICE.(a) In General.—The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based strategic deterrent program.
(b)Availability of Funds.—Notwithstanding [section 1502(a) of title 31, United States Code](/us/usc/t31/s1502/a), of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for missile procurement, Air Force, as specified in the corresponding funding table in section 4101, $10,900,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a).
(c)Covered Parts Defined.—In this section, the term “**covered parts**” means commercially available off-the-shelf items as defined in [section 104 of title 41, United States Code](/us/usc/t41/s104). SEC. 1637. CAPABILITY OF B–21 BOMBER AIRCRAFT WITH LONG-RANGE STANDOFF WEAPON. The Secretary of the Air Force shall ensure that the B–21 bomber aircraft is capable of employing the long-range standoff weapon. SEC. 1638. Deadlines.MISSION-DESIGN SERIES POPULAR NAME FOR GROUND-BASED STRATEGIC DETERRENT.(a) Requirement.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall establish a mission-design series popular name for the ground-based strategic deterrent, consistent with the procedures set forth in Department of Defense Directive 4120.15 (relating to designating and naming military aerospace vehicles).
(b)Notification.—Not later than 10 days after completing the requirement under subsection (a), the Secretary of the Air Force shall notify the congressional defense committees of the completion of the requirement. SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC MISSILES OF THE UNITED STATES.(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense 135 STAT. 2092 may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:(1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
(2)Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
(b)Exception.—The prohibition in subsection
(a)shall not apply to any of the following activities:(1) The maintenance or sustainment of intercontinental ballistic missiles.
(2)Ensuring the safety, security, or reliability of intercontinental ballistic missiles. SEC. 1640. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION OF INFORMATION RELATING TO PROPOSED BUDGET FOR NUCLEAR-ARMED SEA-LAUNCHED CRUISE MISSILE. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of the Navy, not more than 75 percent may be obligated or expended until the Secretary of the Navy submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by [section 231(f) of title 10, United States Code](/us/usc/t10/s231/f)) relating to the Navy for fiscal year 2023. SEC. 1641. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL SUBMISSION OF INFORMATION RELATING TO NUCLEAR-ARMED SEA-LAUNCHED CRUISE MISSILE. Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for travel by any personnel of the Office of the Secretary of Defense (other than travel by the Secretary of Defense or the Deputy Secretary of Defense), not more than 75 percent may be obligated or expended until the Secretary—(1) submits to the congressional defense committees the analysis of alternatives for the nuclear-armed sea-launched cruise missile; and
(2)provides to such committees a briefing on such analysis of alternatives. SEC. 1642. Deadline.Termination date.ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILES. Not later than March 1, 2022, and annually thereafter until the date on which the ground-based strategic deterrent weapon achieves initial operating capability, the Chairman of the Joint Chiefs of Staff shall certify to the congressional defense committees whether the state of the readiness of Minuteman III intercontinental ballistic missiles requires placing heavy bombers equipped with nuclear gravity bombs or air-launched nuclear cruise missiles, and associated refueling tanker aircraft, on alert status.135 STAT. 2093 SEC. 1643. REVISED NUCLEAR POSTURE REVIEW.(a) Requirement for Comprehensive Review.—In order to clarify the nuclear deterrence policy and strategy of the United States for the near term, the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Vice Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of the nuclear posture of the United States for the five- and 10-year periods following the date of the review.Consultation. The Secretary shall conduct the review in consultation with the Secretary of Energy, the Secretary of State, and the Director of National Intelligence.
(b)Elements of Review.—The nuclear posture review under subsection
(a)shall include the following elements:(1) Assessment.An assessment of the current and projected nuclear capabilities of Russia and China, and such other potential threats as the Secretary considers appropriate.
(2)The role of nuclear forces in military strategy, planning, and programming of the United States.
(3)The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture.
(4)The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives.
(5)The role that missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces.
(6)The levels and composition of the nuclear delivery systems that will be required for implementing the national and military strategy of the United States, including ongoing plans for replacing existing systems.
(7)The nuclear weapons complex that will be required for implementing such national and military strategy, including ongoing plans to modernize the complex.
(8)The active and inactive nuclear weapons stockpile that will be required for implementing the such national and military strategy, including ongoing plans for replacing or modifying warheads.
(c)Report.—Concurrent with the national defense strategy required to be submitted under [section 113(g) of title 10, United States Code](/us/usc/t10/s113/g), in 2022, the Secretary shall submit to the congressional defense committees a report on the results of the nuclear posture review conducted under subsection (a). The report shall be submitted in unclassified and classified forms as necessary. SEC. 1644. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF NUCLEAR WEAPONS AND RELATED SYSTEMS.(a) Findings.—Congress finds the following:(1) On December 20, 1990, Secretary of Defense Cheney chartered a five-person independent committee known as the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction to assess the capability of the nuclear weapon command and control system to meet the dual requirements of assurance against unauthorized use of nuclear weapons and assurance of timely, reliable execution when authorized, and to identify opportunities for positive measures to enhance failsafe features.
(2)The Federal Advisory Committee, chaired by Ambassador Jeane J. Kirkpatrick, recommended changes in the 135 STAT. 2094 nuclear enterprise, as well as policy proposals to reduce the risks posed by unauthorized launches and miscalculation.
(3)The Federal Advisory Committee found, unambiguously, that “failsafe and oversight enhancements are possible”.
(4)Since 1990, new threats to the nuclear enterprise have arisen in the cyber, space, and information warfare domains.
(5)Ensuring the continued assurance of the nuclear command, control, and communications infrastructure is essential to the national security of the United States.
(b)Review.—The Secretary of Defense shall provide for the conduct of an independent review of the safety, security, and reliability of covered nuclear systems. The Secretary shall ensure that such review is conducted in a manner similar to the review conducted by the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction.
(c)Recommenda-tions.Matters Included.—The review conducted pursuant to subsection
(b)shall include the following:(1) Plans for modernizing the covered nuclear systems, including options and recommendations for technical, procedural, and policy measures that could strengthen safeguards, improve the security and reliability of digital technologies, and prevent cyber-related and other risks that could lead to the unauthorized or inadvertent use of nuclear weapons as the result of an accident, misinterpretation, miscalculation, terrorism, unexpected technological breakthrough, or deliberate act.
(2)Options and recommendations for nuclear risk reduction measures, focusing on confidence building and predictability, that the United States could carry out alone or with near-peer adversaries to strengthen safeguards against the unauthorized or inadvertent use of a nuclear weapon and to reduce nuclear risks.
(d)Deadline.Submission.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the review conducted pursuant to subsection (b).
(e)Reports.Previous Review.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the final report of the Federal Advisory Committee on Nuclear Failsafe and Risk Reduction.
(f)Covered Nuclear Systems Defined.—In this section, the term “**covered nuclear systems**” means the following systems of the United States:(1) The nuclear weapons systems.
(2)The nuclear command, control, and communications system.
(3)The integrated tactical warning/attack assessment system. SEC. 1645. LONG-RANGE STANDOFF WEAPON.(a) Requirement.—In addition to the requirements under [section 2366c of title 10, United States Code](/us/usc/t10/s2366c), prior to awarding a procurement contract for the long-range standoff weapon, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees each of the following:135 STAT. 2095(1) A certification that the future-years defense program submitted to Congress under [section 221 of title 10, United States Code](/us/usc/t10/s221), includes, or will include, estimated funding for the program in the amounts specified in the independent estimated cost submitted to the congressional defense committees under subsection (a)(2) of such section 2366c.
(2)A copy of the justification and approval documentation regarding the determination by the Secretary to award a sole-source contract for the program, including with respect to how the Secretary will manage the cost of the program in the absence of competition.
(b)Deadline.Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the execution of the engineering and manufacturing development contract for the long-range standoff weapon, including with respect to—(1) how the timely development of the long-range standoff weapon may serve as a hedge to delays in other nuclear modernization efforts;
(2)the effects of potential delays in the W80–4 warhead program on the ability of the long-range standoff weapon to achieve the initial operational capability schedule under section 217 of the National Defense Authorization Act for Fiscal Year 2014 ([Public Law 113–66](/us/pl/113/66); [127 Stat. 706](/us/stat/127/706)), as most recently amended by section 1668 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1774](/us/stat/133/1774));
(3)options to adjust the budget profile of the long-range standoff weapon program to ensure the program remains on schedule; and
(4)a plan to ensure best value to the United States once the programs enter into procurement. SEC. 1646. GROUND-BASED STRATEGIC DETERRENT DEVELOPMENT PROGRAM ACCOUNTABILITY MATRICES.(a) In General.—Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a), the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection
(b)relating to the ground-based strategic deterrent weapon system.
(b)Matrices Described.—The matrices described in this subsection are the following:(1) Engineering and manufacturing development goals.—A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the engineering and manufacturing development phase of the ground-based strategic deterrent weapon system, which shall be subdivided, at a minimum, according to the following:(A) Technology maturity, including technology readiness levels of major components and key demonstration events leading to technology readiness level 7 full maturity.
(B)Design maturity for the missile, weapon system command and control, and ground systems.
(C)Software maturity, including key events and metrics.135 STAT. 2096
(D)Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events.
(E)The schedule with respect to the following:(i) Ground-based strategic deterrent weapon system level critical path events and margins.
(ii)Separate individual critical path events and margins for each of the following major events:(I) First flight.
(II)First functional test.
(III)Weapon system qualification.
(IV)Combined certifications.
(V)Operational weapon system article.
(VI)Initial operational capability.
(VII)Wing A completion.
(F)Personnel, including planned and actual staffing for the program office and for contractor and supporting organizations, including for testing, nuclear certification, and civil engineering by the Air Force.
(G)Reliability, including growth plans and key milestones.
(2)Cost.—(A) In general.—The following matrices relating to the cost of the ground-based strategic deterrent weapon system:(i) A matrix expressing, in six-month increments, the total cost for the engineering and manufacturing development phase and low-rate initial production lots of the ground-based strategic deterrent weapon system.
(ii)A matrix expressing the total cost for the prime contractor’s estimate for the engineering and manufacturing development phase and production lots.
(B)Phasing and subdivision of matrices.—The matrices described in clauses
(i)and
(ii)of subparagraph
(A)shall be—(i) phased over the entire engineering and manufacturing development period; and
(ii)subdivided according to the costs of the primary subsystems in the ground-based strategic deterrent weapon system work breakdown structure.
(c)Deadline.Semi-annual Updates of Matrices.—Not later than 180 days after the date on which the Secretary submits the matrices described in subsection
(b)for a year as required by subsection (a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices.
(d)Treatment of the First Matrices as Baseline.—(1) In general.—The first set of matrices submitted under subsection
(a)shall be treated as the baseline for the full engineering and manufacturing development phase and low-rate initial production of the ground-based strategic deterrent weapon system program for purposes of updates submitted under subsection
(c)and subsequent matrices submitted under subsection (a).
(2)Elements.—After the submission of the first set of matrices required by subsection (a), each update submitted under subsection
(c)and each subsequent set of matrices submitted under subsection
(a)shall—135 STAT. 2097(A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices; and
(B)provide updated cost estimates.
(e)Assessment by Comptroller General of the United States.—Not Deadline.later than 60 days after receiving the matrices described in subsection
(b)for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the ground-based strategic deterrent weapon system and brief the congressional defense committees on the results of that assessment.
(f)Termination.—The requirements of this section shall terminate on the date that is one year after the ground-based strategic deterrent weapon system achieves initial operational capability. SEC. 1647. INFORMATION REGARDING REVIEW OF MINUTEMAN III SERVICE LIFE EXTENSION PROGRAM OR OPTIONS FOR THE FUTURE OF THE INTERCONTINENTAL BALLISTIC MISSILE FORCE.(a) Requirement.—The Secretary of Defense shall submit to the congressional defense committees all—(1) scoping documents relating to any covered review; and
(2)Reports.reports or other documents relating to any such review.
(b)Deadlines.Timing.—The Secretary shall submit the documents and reports under subsection
(a)by the date that is the later of the following:(1) 15 days after the date on which the documents or reports are produced.
(2)15 days after the date of the enactment of this Act.
(c)Definition.Covered Review.—In this section, the term “**covered review**” means any review initiated in 2021 or 2022 by any entity pursuant to an agreement or contract with the Federal Government regarding—(1) a service life extension program for Minuteman III intercontinental ballistic missiles; or
(2)the future of the intercontinental ballistic missile force. SEC. 1648. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC MISSILES OF CHINA.(a) Requirement.—If the Commander of the United States Strategic Command determines that the number of intercontinental ballistic missiles in the active inventory of China exceeds the number of intercontinental ballistic missiles in the active inventory of the United States, the number of nuclear warheads equipped on such missiles of China exceeds the number of nuclear warheads equipped on such missiles of the United States, or the number of intercontinental ballistic missile launchers in China exceeds the number of intercontinental ballistic missile launchers in the United States, the Commander shall submit to the congressional defense committees—(1) a notification of such determination;
(2)Assessment.an assessment of the composition of the intercontinental ballistic missiles of China, including the types of nuclear warheads equipped on such missiles; and
(3)a strategy for deterring China.
(b)Form.—The notification under paragraph
(1)of subsection
(a)shall be submitted in unclassified form, and the assessment 135 STAT. 2098 and strategy under paragraphs
(2)and
(3)of such subsection may be submitted in classified form.
(c)Termination.—The requirement under subsection
(a)shall terminate on the date that is four years after the date of the enactment of this Act. SEC. 1649. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.(a) Deadline.Review.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a review of the current plans, policies, and programs of the nuclear command, control, and communications system of the Department of Defense, and such plans, policies, and programs that are planned for the 10- and 30-year periods following such date of enactment.
(b)Matters Included.—The review under subsection
(a)shall include a review of each of the following:(1) The plans, policies, and programs described in such subsection.
(2)The operational, organizational, programmatic, and acquisition challenges and risks with respect to—(A) maintaining the existing nuclear command, control, and communications system; and
(B)the nuclear command, control, and communications system to be fielded during the 10-year period following the date of the enactment of this Act.
(3)Emerging technologies and how such technologies may be applied to the next generation of the nuclear command, control, and communications system during the 30-year period following the date of the enactment of this Act to ensure—(A) the survivability of the system; and
(B)the capability of the system with respect to—(i) decisionmaking;
(ii)situation monitoring;
(iii)planning;
(iv)force direction; and
(v)force management.
(4)The security and surety of the nuclear command, control, and communications system.
(5)Threats to the nuclear command, control, and communications system that may occur and the ability to detect and mitigate such threats during the 10- and 30-year periods following the date of the enactment of this Act.
(c)Deadline.Briefing.—Not later than September 1, 2022, the federally funded research and development center that conducts the review under subsection
(a)shall provide the congressional defense committees an interim briefing on the review under subsection (a).
(d)Report.—Not later than March 1, 2023, the federally funded research and development center that conducts the review under subsection
(a)shall submit to the Secretary and the congressional defense committees a report containing the review under such subsection. SEC. 1650. REVIEW OF ENGINEERING AND MANUFACTURING DEVELOPMENT CONTRACT FOR GROUND-BASED STRATEGIC DETERRENT PROGRAM.(a) Review.—135 STAT. 2099
(1)Deadline.Requirement.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center to conduct a review of the implementation and the execution of the engineering and manufacturing development phase for the ground-based strategic deterrent program.
(2)Matters included.—The review under paragraph
(1)shall include the following:(A) Analysis.An analysis of the ability of the Air Force to implement industry best practices regarding digital engineering during the engineering and manufacturing development phase of the ground-based strategic deterrent program.
(B)Assessment.An assessment of the opportunities offered by the adoption by the Air Force of digital engineering processes and of the challenges the Air Force faces in implementing such industry best practices.
(C)A review of the ability of the Air Force to leverage digital engineering during such engineering and manufacturing development phase.
(D)A review of any options that may be available to the Air Force during the engineering and manufacturing development phase of the ground-based strategic deterrent program to—(i) reduce cost and introduce long-term sustainment efficiencies; and
(ii)stimulate competition within the operations and maintenance phase of the program.
(E)Recommenda-tions.Recommendations to improve the cost, schedule, and program management of the engineering and manufacturing development phase for the ground-based strategic deterrent program.
(3)Provision of information.—The Secretary shall provide to the individuals conducting the review under paragraph
(1)all information necessary for the review.
(4)Security clearances.—The Secretary shall ensure that each individual who conducts the review under paragraph
(1)holds a security clearance at the appropriate level for such review.
(b)Report.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the review under subsection (a)(1). The report shall be submitted in unclassified form and shall include a classified annex.
(c)Deadline.Recommenda-tions.Briefing.—Not later than 90 days after the date on which the Secretary submits the report under subsection (b), the Secretary shall provide to the congressional defense committees a briefing on—(1) plans of the Air Force for implementing any of the recommendations contained in the review under subsection (a)(1); and
(2)an explanation for rejecting any recommendations contained in the review that the Secretary elects not to implement.135 STAT. 2100 SEC. 1651. REPORT ON RE-ALERTING LONG-RANGE BOMBERS. Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report containing—(1) Estimate.a cost estimate with respect to re-alerting long-range bombers and air refueling tanker aircraft in the absence of a ground-based leg of the nuclear triad; and
(2)Assessment.an assessment of the impact of such re-alerting on force readiness. SEC. 1652. COMPTROLLER GENERAL STUDY AND UPDATED REPORT ON NUCLEAR WEAPONS CAPABILITIES AND FORCE STRUCTURE REQUIREMENTS.(a) Comptroller General Study Required.—The Comptroller General of the United States shall conduct a study on the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of the Department of Defense.
(b)Matters Covered.—The study conducted under subsection
(a)shall, at minimum, consist of an update to the report of the Comptroller General titled “Strategic Weapons: Changes in the Nuclear Weapons Targeting Process Since 1991” (GAO–12–786R) and dated July 31, 2012, including covering any changes to—(1) how the Department of Defense has assessed threats and modified its nuclear deterrence policy;
(2)targeting and employment guidance from the President, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Strategic Command;
(3)nuclear weapons planning and targeting, including categories and types of targets;
(4)strategic nuclear forces, including the stockpile, force posture, and modernization;
(5)the level of civilian oversight;
(6)the relationship between targeting and requirements; and
(7)any other matters considered appropriate by the Comptroller General.
(c)Reporting.—(1) Deadline.Briefing on preliminary findings.—Not later than March 31, 2022, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a).
(2)Final report.—The Comptroller General shall submit to the congressional defense committees a final report on the findings of the study conducted under subsection
(a)at a time agreed to by the Comptroller General and the congressional defense committees at the briefing required by paragraph (1).
(3)Form.—The briefing required by paragraph
(1)may be provided, and the report required by paragraph
(2)may be submitted, in classified form.
(d)Cooperation.—The Secretary of Defense and the Secretary of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection (a).135 STAT. 2101 SEC. 1653. BRIEFING ON CONSULTATIONS WITH UNITED STATES ALLIES REGARDING NUCLEAR POSTURE REVIEW.(a) Deadline.In General.—Not later than the date on which the Secretary of Defense issues the first Nuclear Posture Review after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives a briefing on all consultations with allies of the United States regarding the Nuclear Posture Review.
(b)Elements.—The briefing required by subsection
(a)shall include the following:(1) List.A listing of all countries consulted with respect to the Nuclear Posture Review, including the dates and circumstances of each such consultation and the countries present.
(2)An overview of the topics and concepts discussed with each such country during such consultations, including any discussion of potential changes to the nuclear declaratory policy of the United States.
(3)An opportunity for the committees and officials referred to in subsection
(a)to view documents relating to such consultations.
(4)A summary of any feedback provided during such consultations.
(c)Form.—The briefing required by subsection
(a)shall be conducted in both in an unclassified and classified format.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2)the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. Subtitle D—Missile Defense Programs SEC. 1661. NOTIFICATION OF CHANGES TO NON-STANDARD ACQUISITION AND REQUIREMENTS PROCESSES AND RESPONSIBILITIES OF MISSILE DEFENSE AGENCY.(a) Notice and Wait Requirement.—[Section 205 of title 10, United States Code](/us/usc/t10/s205), is amended—(1) by striking “The Director” and inserting “(a) Appointment of Director.—The Director”; and
(2)by adding at the end the following new subsection:"“(b) Notification of Changes to Non-standard Acquisition and Requirements Processes and Responsibilities.—(1) The Secretary of Defense may not make any changes to the missile defense non-standard acquisition and requirements processes and responsibilities unless, with respect to those proposed changes—“(A) the Secretary, without delegation, has taken each of the actions specified in paragraph (2); and “(B) Time period.Reports.a period of 120 days has elapsed following the date on which the Secretary submits the report under subparagraph
(C)of such paragraph.135 STAT. 2102 “(2) If the Secretary proposes to make changes to the missile defense non-standard acquisition and requirements processes and responsibilities, the Secretary shall—“(A) Consultation.consult with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Policy, the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, the Commander of the United States Strategic Command, the Commander of the United States Northern Command, and the Director of the Missile Defense Agency, regarding the changes; “(B) Certification.certify to the congressional defense committees that the Secretary has coordinated the changes with, and received the views of, the individuals referred to in subparagraph (A); “(C) Reports.submit to the congressional defense committees a report that contains—“(i) a description of the changes, the rationale for the changes, and the views of the individuals referred to in subparagraph
(A)with respect to the changes; “(ii) a certification that the changes will not impair the missile defense capabilities of the United States nor degrade the unique special acquisition authorities of the Missile Defense Agency; and “(iii) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, a final draft of the proposed modified directive, both in an electronic format and in a hard copy format; and “(D) with respect to any such changes to Department of Defense Directive 5134.09, or successor directive issued in accordance with this subsection, provide to such committees a briefing on the proposed modified directive described in subparagraph (C)(iii). “(3) In this subsection, the term ‘**non-standard acquisition and requirements processes and responsibilities**’ means the processes and responsibilities described in—“(A) the memorandum of the Secretary of Defense titled ‘Missile Defense Program Direction’ signed on January 2, 2002, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor memorandum issued in accordance with this subsection; “(B) Department of Defense Directive 5134.09, as in effect on the date of the enactment of this subsection (without regard to any modifications described in Directive-type Memorandum 20–002 of the Deputy Secretary of Defense, or any amendments or extensions thereto made before the date of such enactment), or as modified in accordance with this subsection, or any successor directive issued in accordance with this subsection; and “(C) United States Strategic Command Instruction 538–3 titled ‘MD Warfighter Involvement Process’, as in effect on the date of the enactment of this subsection or as modified in accordance with this subsection, or any successor instruction issued in accordance with this subsection.” ".
(b)Conforming Amendments.—(1) FY20 ndaa.—Section 1688 of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [133 Stat. 1787](/us/stat/133/1787)) is amended—135 STAT. 2103(A) by striking subsection (b); and
(B)by redesignating subsection
(c)as subsection (b).
(2)FY21 ndaa.—Section 1641 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283); [134 Stat. 4061](/us/stat/134/4061)) is amended—(A) by striking subsection (c); and
(B)by redesignating subsection
(d)as subsection (c). SEC. 1662. LIMITATION ON MISSILE DEFENSE AGENCY PRODUCTION OF SATELLITES AND GROUND SYSTEMS ASSOCIATED WITH OPERATION OF SUCH SATELLITES.(a) [10 USC 4022 note](/us/usc/t10/s4022).Limitation.—(1) Production of satellites and ground systems.—The Director of the Missile Defense Agency may not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites.
(2)Prototype satellites.—(A) Authority.—The Director, with the concurrence of the Space Acquisition Council established by [section 9021 of title 10, United States Code](/us/usc/t10/s9021), may authorize the production of one or more prototype satellites, consistent with the requirements of the Missile Defense Agency.
(B)Report.—Not later than 30 days after the date on which the Space Acquisition Council concurs with the Director with respect to authorizing the production of a prototype satellite under subparagraph (A), the chair of the Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence.
(C)Obligation of funds.—The Director may not obligate funds for the production of a prototype satellite under subparagraph
(A)before the date on which the Space Acquisition Council submits the report for such prototype satellite under subparagraph (B).
(b)Hypersonic and Ballistic Missile Tracking Space Sensor.—Section 1645 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended—(1) by redesignating subsections
(f)and
(g)as subsections
(g)and (h), respectively; and
(2)by inserting after subsection
(e)the following new subsection (f):"“(f) Waiver of Certain Limitation.—The Assistant Secretary of the Air Force for Space Acquisition and Integration, acting as the chair of the Space Acquisition Council, may waive the limitation in section 1662 of the National Defense Authorization Act for Fiscal Year 2022, with respect to the hypersonic and ballistic missile tracking space sensor program if the Assistant Secretary—“(1) Determination.determines that such limitation would delay the delivery of an operational hypersonic and ballistic missile tracking space sensor because of technical, cost, or schedule factors; and “(2) submits to the congressional defense committees—“(A) the technical, schedule, or cost rationale for the waiver;135 STAT. 2104 “(B) an acquisition strategy for the hypersonic and ballistic missile tracking space sensor program that is signed by both the Director and the Assistant Secretary; and “(C) a lead service agreement entered into by the Director and the Chief of Space Operations regarding the operation and sustainment of the hypersonic and ballistic missile tracking space sensor and the integration of the sensor into the architecture of the Space Force.” ". SEC. 1663. EXTENSION OF PERIOD FOR TRANSITION OF BALLISTIC MISSILE DEFENSE PROGRAMS TO MILITARY DEPARTMENTS. Section 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2431 note](/us/usc/t10/s2431)) is amended by striking “the date on which the budget of the President for fiscal year 2023 is submitted under [section 1105 of title 31, United States Code](/us/usc/t31/s1105),” and inserting, “October 1, 2023,”. SEC. 1664. [10 USC 205 note](/us/usc/t10/s205).DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND HYPERSONIC MISSILE DEFENSE.(a) Authority of the Missile Defense Agency.—The Secretary of Defense shall delegate to the Director of the Missile Defense Agency the authority to budget for, direct, and manage directed energy programs applicable for ballistic and hypersonic missile defense missions, in coordination with other directed energy efforts of the Department of Defense.
(b)Prioritization.—In budgeting for and directing directed energy programs applicable for ballistic and hypersonic defensive missions pursuant to subsection (a), the Director of the Missile Defense Agency shall—(1) prioritize the early research and development of technologies; and
(2)address the transition of such technologies to industry to support future operationally relevant capabilities. SEC. 1665. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM.(a) Time period.Architecture and Acquisition.—The Secretary of Defense, acting through the Director of the Missile Defense Agency, and in coordination with the Commander of the United States Indo-Pacific Command, shall identify the architecture and acquisition approach for implementing a 360-degree integrated air and missile defense capability to defend the people, infrastructure, and territory of Guam from the scope and scale of advanced cruise, ballistic, and hypersonic missile threats that are expected to be fielded during the 10-year period beginning on the date of the enactment of this Act.
(b)Requirements.—The architecture identified under subsection
(a)shall have the ability to—(1) integrate, while maintaining high kill chain performance against advanced threats, all applicable—(A) multi-domain sensors that contribute substantively to track quality and track custody;
(B)interceptors; and
(C)command and control systems;
(2)address robust discrimination and electromagnetic compatibility with other sensors;135 STAT. 2105
(3)engage directly, or coordinate engagements with other integrated air and missile defense systems, to defeat the spectrum of cruise, ballistic, and hypersonic threats expected to be fielded during the 10-year period beginning on the date of the enactment of this Act;
(4)leverage existing programs of record to expedite the development and deployment of the architecture during the five-year period beginning on the date of the enactment of this Act, with an objective of achieving initial operating capability in 2025, including with respect to—(A) the Aegis ballistic missile defense system;
(B)standard missile–3 and –6 variants;
(C)the terminal high altitude area defense system;
(D)the Patriot air and missile defense system;
(E)the integrated battle control system; and
(F)the lower tier air and missile defense sensor and other lower tier capabilities, as applicable;
(5)integrate future systems and interceptors, including directed energy-based kill systems, that will also have the capability to detect, track, and defeat hypersonic missiles in the glide and terminal phases, including integration of passive measures to protect assets in Guam; and
(6)incentivize competition within the acquisition of the architecture and rapid procurement and deployment wherever possible.
(c)Report.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the architecture and acquisition approach identified under subsection (a), including—(1) Assessment.an assessment of the development and implementation risks associated with each of the elements identified under subsection (b); and
(2)a plan for expending funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for such architecture.
(d)Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Department of Defense for the Office of Cost Assessment and Program Evaluation, not more than 80 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report under subsection (c). SEC. 1666. MISSILE DEFENSE RADAR IN HAWAII. Certification.As a part of the defense budget materials (as defined in [section 239 of title 10, United States Code](/us/usc/t10/s239)) for fiscal year 2023, the Director of the Missile Defense Agency shall certify to the congressional defense committees that—(1) the future-years defense program submitted to Congress under [section 221 of title 10, United States Code](/us/usc/t10/s221), in 2022 includes adequate amounts of estimated funding to develop, construct, test, and integrate into the missile defense system the discrimination radar for homeland defense planned to be located in Hawaii; and
(2)Deadline.such radar and associated in-flight interceptor communications system data terminal will be operational by not later than December 31, 2028.135 STAT. 2106 SEC. 1667. [10 USC 130h note](/us/usc/t10/s130h).CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO TOUR CERTAIN MISSILE DEFENSE SITES.(a) Determination.Certification.—Before the Secretary of Defense makes a determination with respect to allowing a foreign national of Russia or China to tour a covered site, the Secretary shall submit to the congressional defense committees a certification that—(1) the Secretary has determined that such tour is in the national security interest of the United States, including the justifications for such determination; and
(2)the Secretary will not share any technical data relating to the covered site with the foreign nationals.
(b)Deadline.Timing.—The Secretary may not conduct a tour described in subsection
(a)until a period of 45 days has elapsed following the date on which the Secretary submits the certification for that tour under such subsection.
(c)Construction With Other Requirements.—Nothing in this section shall be construed to supersede or otherwise affect [section 130h of title 10, United States Code](/us/usc/t10/s130h).
(d)Covered Site.—In this section, the term “**covered site**” means any of the following:(1) The combat information center of a naval ship equipped with the Aegis ballistic missile defense system.
(2)An Aegis Ashore site.
(3)A terminal high altitude area defense battery.
(4)A ground-based midcourse defense interceptor silo. SEC. 1668. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE OF THE UNITED STATES HOMELAND.(a) Funding Plan.—The Director of the Missile Defense Agency shall develop a funding plan that includes funding lines across the future-years defense program under [section 221 of title 10, United States Code](/us/usc/t10/s221), for the next generation interceptor that—(1) Recommenda-tions.while applying lessons learned from the redesigned kill vehicle program, incorporating recommendations from the Comptroller General of the United States, and implementing “fly-before-you-buy” principles, produces and begins deployment of the next generation interceptor as early as practicable;
(2)includes acquiring at least 20 operational next generation interceptors; and
(3)includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the end of the useful lifecycle of the boosters.
(b)Report on Funding Profile.—The Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2023 (as submitted with the budget of the President under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a)) a report on the funding profile necessary for the next generation interceptor program through the date on which the program achieves full operational capability.
(c)Congressional Notification of Cancellation Requirement.—Not Deadline.later than 30 days prior to any final decision to cancel the next generation interceptor program, the Director shall provide to the congressional defense committees a briefing on such decision, including—(1) a justification for the decision; and135 STAT. 2107
(2)an analysis of the national security risk that the Director accepts by reason of cancelling such program.
(d)Inclusion in Required Flight Tests.—Section 1689(a) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [10 U.S.C. 2431 note](/us/usc/t10/s2431)) is amended by adding after the period at the end the following new sentence: “Beginning not later than five years after the date on which the next generation interceptor achieves initial operational capability, the Director shall ensure that such flight tests include the next generation interceptor.”.
(e)Report.—Not later than the date of on which the Director approves the next generation interceptor program to enter the initial production phase of the acquisition process, the Director shall submit to the congressional defense committees a report outlining estimated annual costs for conducting annual, operationally relevant flight testing to evaluate the reliability of the system developed under such program, including associated production costs for procuring sufficient flight systems to support such testing for the projected life of the system.
(f)Program Accountability Matrices.—(1) Requirement.—Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a), the Director shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in paragraph
(2)relating to the next generation interceptor program.
(2)Matrices described.—The matrices described in this subsection are the following:(A) Technology and product development goals.—A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the technology development phase of the next generation interceptor program, which shall be subdivided, at a minimum, according to the following:(i) Technology maturity, including technology readiness levels of major interceptor components and key demonstration events leading to full maturity.
(ii)Design maturity, including key events and metrics, at the interceptor all up round level and major interceptor component level.
(iii)Parts testing, including key events and metrics for vetting parts and components through a parts, materials, and processes mission assurance plan.
(iv)Software maturity, including key events and metrics, at the all up round level and major interceptor component level for the interceptor.
(v)Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events.
(vi)Schedule, with respect to key program milestones, critical path events, and margins.
(vii)Reliability, including growth plans and key milestones.
(viii)Developmental testing and cybersecurity.
(ix)Any other technology and product development goals the Director determines to be appropriate.135 STAT. 2108
(B)Cost.—(i) In general.—The following matrices relating to the cost of the next generation interceptor program:(I) A matrix expressing, in six-month increments, the total cost for the technology development phase.
(II)A matrix expressing the total cost for each of the contractors’ estimates for the technology development phase.
(ii)Phasing and subdivision of matrices.—The matrices described in clauses
(i)and
(ii)of subparagraph
(B)shall be—(I) phased over the entire technology development phase; and
(II)subdivided according to the costs major interceptor component of each next generation interceptor configuration.
(C)Stakeholder and independent reviews.—A matrix that identifies, in six-month increments, plans and status for coordinating products and obtaining independent reviews for the next generation interceptor program for the technology development phase, which shall be subdivided according to the following:(i) Performance requirements, including coordinating, updating, and obtaining approval of the top-level requirements document.
(ii)Intelligence inputs, processes, and products, including—(I) coordinating, updating, and validating the homeland ballistic missile defense validated online lifecycle threat with the Director of the Defense Intelligence Agency; and
(II)coordinating and obtaining approval of a lifecycle mission data plan.
(iii)Independent assessments, including obtaining an initial and updated—(I) technical risk assessment; and
(II)cost estimate.
(iv)Models and simulations, including—(I) obtaining accreditation of interceptor models and simulations at both the all up round level and subsystem level from the Ballistic Missile Defense Operational Test Agency;
(II)obtaining certification of threat models used for interceptor ground test from the Ballistic Missile Defense Operational Test Agency; and
(III)obtaining accreditation from the Director of the Defense Intelligence Agency on all threat models, simulations, and associated data used to support interceptor development.
(v)Sustainability and obsolescence, including coordinating and obtaining approval of a lifecycle sustainment plan.
(vi)Cybersecurity, including coordinating and obtaining approval of a cybersecurity strategy.135 STAT. 2109
(3)Form.—The matrices submitted under paragraph
(2)shall be in unclassified form, but may contain a classified annex.
(4)Deadline.Semiannual updates of matrices.—Not later than 180 days after the date on which the Director submits the matrices described in paragraph
(2)for a year as required by paragraph (1), the Director shall submit to the congressional defense committees and the Comptroller General updates to the matrices.
(5)Treatment of the first matrices as baseline.—(A) In general.—The first set of matrices submitted under paragraph
(1)shall be treated as the baseline for the technology development phase of the next generation interceptor program for purposes of updates submitted under subsection
(i)and subsequent matrices submitted under paragraph (1).
(B)Elements.—After the submission of the first set of matrices required by paragraph (1), each update submitted under paragraph
(4)and each subsequent set of matrices submitted under paragraph
(1)shall—(i) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices under subparagraph
(A)of paragraph (2);
(ii)provide updated cost estimates under subparagraph
(B)of such paragraph; and
(iii)provide updated plans and status under subparagraph
(C)of such paragraph.
(6)Assessment by comptroller general of the united states.—Not Deadline.Time period.later than 60 days after receiving the matrices described in paragraph
(2)for a year as required by paragraph (1), the Comptroller General shall—(A) assess the acquisition progress made with respect to the next generation interceptor program; and
(B)provide to the congressional defense committees a briefing on the results of that assessment.
(7)Termination.—The requirements of this subsection shall terminate on the date that is one year after the date on which the next generation interceptor program is approved to enter the product development phase. SEC. 1669. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.(a) Iron Dome Short-range Rocket Defense System.—(1) Availability of funds.—Of the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States.
(2)Conditions.—(A) Agreement.—Funds described in paragraph
(1)for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the 135 STAT. 2110 United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors.
(B)Deadline.Certification.—Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—(i) a certification that the amended bilateral international agreement specified in subparagraph
(A)is being implemented as provided in such agreement;
(ii)Assessment.an assessment detailing any risks relating to the implementation of such agreement; and
(iii)for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended.
(b)Israeli Cooperative Missile Defense Program, David’s Sling Weapon System Co-production.—(1) In general.—Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $30,000,000 may be provided to the Government of Israel to procure the David’s Sling Weapon System, including for co-production of parts and components in the United States by United States industry.
(2)Agreement.—Provision of funds specified in paragraph
(1)shall be subject to the terms and conditions in the bilateral co-production agreement, including—(A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and
(B)co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David’s Sling Weapon System is not less than 50 percent.
(3)Certification and assessment.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—(A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System; and
(B)an assessment detailing any risks relating to the implementation of such agreement.
(c)Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier Interceptor Program Co-production.—135 STAT. 2111
(1)In general.—Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry.
(2)Certification.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that—(A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program;
(B)funds specified in paragraph
(1)will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel);
(C)the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds—(i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production;
(ii)complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel;
(iii)technical milestones for co-production of parts and components and procurement;
(iv)a joint affordability working group to consider cost reduction initiatives; and
(v)joint approval processes for third-party sales; and
(D)the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.
(d)Number.—In carrying out paragraph
(2)of subsection
(b)and paragraph
(2)of subsection (c), the Under Secretary may submit—(1) one certification covering both the David’s Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or
(2)separate certifications for each respective system.
(e)Deadline.Timing.—The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph
(1)of subsections
(b)and
(c)for the respective system covered by the certification are provided to the Government of Israel.
(f)Workshare for Iron Dome Replenishment Efforts.—135 STAT. 2112
(1)Time period.Maintenance of agreement.—With respect to replenishment efforts for the Iron Dome short-range rocket defense system carried out during fiscal year 2022, the Secretary of Defense may seek to maintain a workshare agreement for the United States production of systems that are covered, as of the date of the enactment of this Act, under the memorandum of understanding regarding United States and Israeli cooperation on missile defense.
(2)Briefing.—The Secretary of Defense shall provide to the appropriate congressional committees a briefing detailing the terms of any workshare agreements described by paragraph (1).
(g)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means the following:(1) The congressional defense committees.
(2)The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. SEC. 1670. UPDATE OF STUDY ON DISCRIMINATION CAPABILITIES OF THE BALLISTIC MISSILE DEFENSE SYSTEM.(a) Update.—The Secretary of Defense shall enter into an arrangement with the private scientific advisory group known as JASON under which JASON shall carry out an update to the study conducted pursuant to section 237 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [123 Stat. 2236](/us/stat/123/2236)) on the discrimination capabilities and limitations of the missile defense system of the United States, including such discrimination capabilities that exist or are planned as of the date of the update.
(b)Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study.
(c)Form.—The report under subsection
(b)may be submitted in classified form, but shall contain an unclassified summary. SEC. 1671. SEMIANNUAL UPDATES ON MEETINGS HELD BY THE MISSILE DEFENSE EXECUTIVE BOARD.(a) Deadlines.[10 USC 133a note](/us/usc/t10/s133a).Semiannual Updates.—Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairs of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 2162](/us/stat/132/2162)), shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update—(1) the dates on which the Board met; and
(2)except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions.
(b)Exception for Certain Budgetary Matters.—The co-chairs shall not be required to include in a semiannual update under subsection
(a)the matters described in paragraph
(2)of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget 135 STAT. 2113 for that fiscal year has not been submitted to Congress under [section 1105 of title 31, United States Code](/us/usc/t31/s1105), as of the date of the semiannual update.
(c)Form of Update.—The co-chairs may provide a semiannual update under subsection
(a)either in the form of a briefing or a written report.
(d)Technical Amendments.—(1) FY18 ndaa.—Section 1676(c)(3)(B) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 205 note](/us/usc/t10/s205)) is amended by striking “chairman” and inserting “chair”.
(2)FY19 ndaa.—Section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [132 Stat. 2162](/us/stat/132/2162)) is amended—(A) in the matter preceding paragraph (1), by striking “chairman” and inserting “chair”; and
(B)in paragraph (2), by striking “co-chairman” and inserting “co-chair”. SEC. 1672. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW.(a) Reports.—Not later than 30 days after the date on which the Integrated Deterrence Review that commenced during 2021 is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees the following:(1) Each final report, assessment, and guidance document produced by the Department of Defense pursuant to the Integrated Deterrence Review or during subsequent actions taken to implement the conclusions of the Integrated Deterrence Review, including with respect to each covered review.
(2)A report explaining how each such covered review differs from the previous such review.
(b)Deadline.Certifications.—Not later than 30 days after the date on which a covered review is submitted to the congressional defense committees, the Chairman of the Joint Chiefs of Staff, the Vice Chairman of the Joint Chiefs of Staff, and the Commander of the United States Strategic Command shall each directly submit to such committees—(1) a certification regarding whether the Chairman, Vice Chairman, or Commander, as the case may be, had the opportunity to provide input into the covered review; and
(2)a description of the degree to which the covered reviews differ from the military advice contained in such input (or, if there was no opportunity to provide such input, would have been contained in the input if so provided).
(c)Covered Review Defined.—In this section, the term “**covered review**” means—(1) the Missile Defense Review that commenced during 2021; and
(2)the Nuclear Posture Review that commenced during 2021. SEC. 1673. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE DEFENSE TESTS AND COSTS.(a) Semiannual Notifications Required.—For each period described in subsection (b), the Director of the Missile Defense Agency shall submit to the congressional defense committees a notification of all—135 STAT. 2114(1) flight tests (intercept and non-intercept) planned to occur during the period covered by the notification based on the Integrated Master Test Plan the Director used to support the President’s budget submission under [section 1105 of title 31, United States Code](/us/usc/t31/s1105), for the fiscal year of the period covered; and
(2)ground tests planned to occur during such period based on such plan.
(b)Periods Described.—The periods described in this subsection are—(1) the first 180-calendar-day period beginning on the date that is 90 days after the date of the enactment of this Act; and
(2)Termination date.each subsequent, sequential 180-calendar-day period beginning thereafter until the date that is five years and 90 calendar days after the date of the enactment of this Act.
(c)Timing of Notification.—Each notification submitted under subsection
(a)for a period described in subsection
(b)shall be submitted—(1) not earlier than 30 calendar days before the last day of the period; and
(2)not later than the last day of the period.
(d)Contents.—Each notification submitted under subsection
(a)shall include the following:(1) For the period covered by the notification:(A) With respect to each flight test described in subsection (a)(1), the following:(i) The entity responsible for leading the flight test (such as the Missile Defense Agency, the Army, or the Navy) and the classification level of the flight test.
(ii)The planned cost (the most recent flight test cost estimate, including interceptors and targets), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures.
(iii)All funding (including any appropriated, transferred, or reprogrammed funding) the Agency has received to-date for the flight test.
(iv)All changes made to the scope and objectives of the flight test and an explanation for such changes.
(v)The status of the flight test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled.
(vi)In the event of a flight test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled—(I) the reasons the flight test did not succeed or occur;
(II)in the event of a flight test status of failure or no-test, the plan and cost estimate to retest, if necessary, and any contractor liability, if appropriate;
(III)in the event of a flight test delay, the fiscal year and quarter the objectives were first planned to be met, the names of the flight tests the objectives have been moved to, the aggregate 135 STAT. 2115 duration of the delay to-date, and, if applicable, any risks to the warfighter from the delay; and
(IV)in the event of a flight test cancellation, the fiscal year and quarter the objectives were first planned to be met, whether the objectives from the canceled test were met by other means, moved to a different flight test, or removed, a revised spend plan for the remaining funding the agency received for the flight test to-date, and, if applicable, any risks to the warfighter from the cancellation; and
(vii)the status of any decisions reached by failure review boards open or completed during the period covered by the notification.
(B)With respect to each ground test described in subsection (a)(2), the following:(i) The planned cost (the most recent ground test cost estimate), the actual costs and expenditures to-date, and an estimate of any remaining costs and expenditures.
(ii)The designation of the ground test, whether developmental, operational, or both.
(iii)All changes made to the scope and objectives of the ground test and an explanation for such changes.
(iv)The status of the ground test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled.
(v)In the case of a ground test status of conducted-objectives not achieved (failure or no-test), delayed, or canceled—(I) the reasons the ground test did not succeed or occur; and
(II)if applicable, any risks to the warfighter from the ground test not succeeding or occurring;
(vi)The participating system and element models used for conducting ground tests and the accreditation status of the participating system and element models.
(vii)Identification of any cybersecurity tests conducted or planned to be conducted as part of the ground test.
(viii)For each cybersecurity test identified under subparagraph (G), the status of the cybersecurity test, such as conducted-objectives achieved, conducted-objectives not achieved (failure or no-test), delayed, or canceled.
(ix)In the case of a cybersecurity test identified under subparagraph
(G)with a status of conducted-objectives, not achieved, delayed, or canceled—(I) the reasons for such status; and
(II)any risks, if applicable, to the warfighter from the cybersecurity test not succeeding or occurring.
(2)To the degree applicable and known, the matters covered by paragraph
(1)but for the period subsequent to the covered period.
(e)Events Spanning Multiple Notification Periods.—Events that span from one period described in subsection
(b)into 135 STAT. 2116 another period described in such subsection, such as a the case of a failure review board convening in one period and reaching a decision in the following period, shall be covered by notifications under subsection
(a)for both periods.
(f)Form.—Each notification submitted under subsection
(a)shall be submitted in unclassified form, but may include a classified annex. SEC. 1674. REPORT ON SENIOR LEADERSHIP OF MISSILE DEFENSE AGENCY. Not later than 60 days after the date of the enactment of this Act, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report detailing the following:(1) The responsibilities of the positions of the Director, Sea-based Weapons Systems, and the Deputy Director of the Missile Defense Agency.
(2)The role of the officials who occupy these positions with respect to the functional combatant commands with missile defense requirements.
(3)The rationale and benefit of having an official in these positions who is a general officer or flag officer versus a civilian. SEC. 1675. INDEPENDENT STUDY OF ROLES AND RESPONSIBILITIES OF DEPARTMENT OF DEFENSE COMPONENTS RELATING TO MISSILE DEFENSE.(a) Independent Study and Report.—(1) Contract.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Public Administration (in this section referred to as the “Academy”) for the Academy to perform the services covered by this subsection.
(2)Study and report.—(A) Roles and responsibilities.—Under an agreement between the Secretary and the Academy under this subsection, the Academy shall carry out an study regarding the roles and responsibilities of the various components of the Department of Defense as they pertain to missile defense.
(B)Matters included.—The study required by subparagraph
(A)shall include the following:(i) Assessment.A comprehensive assessment and analysis of existing Department component roles and responsibilities for the full range of missile defense activities, including establishment of requirements, research and development, system acquisition, and operations.
(ii)Identification of gaps in component capability of each applicability component for performing its assigned missile defense roles and responsibilities.
(iii)Identification of opportunities for deconflicting mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across the full range of missile defense activities.
(iv)Development of a timetable for the implementation of the opportunities identified under clause (iii).135 STAT. 2117
(v)Recommenda-tions.Development of recommendations for such legislative or administrative action as the Academy considers appropriate pursuant to carrying out clauses
(i)through (iv).
(vi)Such other matters as the Secretary may require.
(C)Report.—(i) Requirement.—Not later than one year after the date on which the Secretary and the Academy enter into a contract under paragraph (1), the Academy shall submit to the Secretary and the congressional defense committees a report on the study conducted under subparagraph (A).
(ii)Elements.—The report submitted under clause
(i)shall include the findings of the Academy with respect to the study carried out under subparagraph
(A)and any recommendations the Academy may have for legislative or administrative action pursuant to such study.
(3)Alternate contract organization.—(A) Agreement.—If the Secretary is unable within the time period prescribed in paragraph
(1)to enter into an agreement described in such paragraph with the Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that—(i) is not part of the Government;
(ii)operates as a not-for-profit entity; and
(iii)has expertise and objectivity comparable to that of the Academy.
(B)References.—If the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the Academy shall be treated as a reference to the other organization.
(b)Recommenda-tions.Report by Secretary of Defense.—Not later than 120 days after the date on which the report is submitted pursuant to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations as the Secretary may have for changes in the structure, functions, responsibilities, and authorities of the Department. Subtitle E—Other Matters SEC. 1681. COOPERATIVE THREAT REDUCTION FUNDS.(a) Funding Allocation.—Of the $344,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ([50 U.S.C. 3711](/us/usc/t50/s3711)), the following amounts may be obligated for the purposes specified:(1) For strategic offensive arms elimination, $2,997,000.
(2)For chemical weapons destruction, $13,250,000.135 STAT. 2118
(3)For global nuclear security, $17,767,000.
(4)For cooperative biological engagement, $229,022,000.
(5)For proliferation prevention, $58,754,000.
(6)For activities designated as Other Assessments/Administrative Costs, $23,059,000.
(b)Specification of Cooperative Threat Reduction Funds.—Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024. SEC. 1682. MODIFICATION TO ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION ORDER 20–48. Section 1664 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)) is amended—(1) in subsection (a), in the matter preceding paragraph (1), by inserting “or any subsequent fiscal year” after “fiscal year 2021”; and
(2)by adding at the end the following new subsections:"“(d) Distribution of Estimate.—As soon as practicable after submitting an estimate as described in paragraph
(1)of subsection
(a)and making the certification described in paragraph
(2)of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. “(e) Authority of Secretary of Defense to Seek Recovery of Costs.—The Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection
(a)to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. “(f) Reimbursement.—“(1) In general.—The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection
(a)to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. “(2) Use of funds.—The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection
(b)and the range of eligible reimbursable costs identified under subsection (a)(1). “(3) Report.—Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.” ". SEC. 1683. [50 USC 3373](/us/usc/t50/s3373).ESTABLISHMENT OF OFFICE, ORGANIZATIONAL STRUCTURE, AND AUTHORITIES TO ADDRESS UNIDENTIFIED AERIAL PHENOMENA.(a) Deadline.Establishment of Office.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall 135 STAT. 2119 establish an office within a component of the Office of the Secretary of Defense, or within a joint organization of the Department of Defense and the Office of the Director of National Intelligence, to carry out the duties of the Unidentified Aerial Phenomena Task Force, as in effect on the day before the date of enactment of this Act, and such other duties as are required by this section.
(b)Duties.—The duties of the Office established under subsection
(a)shall include the following:(1) Developing procedures to synchronize and standardize the collection, reporting, and analysis of incidents, including adverse physiological effects, regarding unidentified aerial phenomena across the Department of Defense and the intelligence community.
(2)Developing processes and procedures to ensure that such incidents from each component of the Department and each element of the intelligence community are reported and incorporated in a centralized repository.
(3)Establishing procedures to require the timely and consistent reporting of such incidents.
(4)Evaluating links between unidentified aerial phenomena and adversarial foreign governments, other foreign governments, or nonstate actors.
(5)Evaluating the threat that such incidents present to the United States.
(6)Coordinating with other departments and agencies of the Federal Government, as appropriate, including the Federal Aviation Administration, the National Aeronautics and Space Administration, the Department of Homeland Security, the National Oceanic and Atmospheric Administration, and the Department of Energy.
(7)Coordinating with allies and partners of the United States, as appropriate, to better assess the nature and extent of unidentified aerial phenomena.
(8)Preparing reports for Congress, in both classified and unclassified form, including under subsection (i).
(c)Response to and Field Investigations of Unidentified Aerial Phenomena.—(1) Designation.—The Secretary, in coordination with the Director, shall designate one or more line organizations within the Department of Defense and the intelligence community that possess appropriate expertise, authorities, accesses, data, systems, platforms, and capabilities to rapidly respond to, and conduct field investigations of, incidents involving unidentified aerial phenomena under the direction of the head of the Office established under subsection (a).
(2)Ability to respond.—The Secretary, in coordination with the Director, shall ensure that each line organization designated under paragraph
(1)has adequate personnel with the requisite expertise, equipment, transportation, and other resources necessary to respond rapidly to incidents or patterns of observations involving unidentified aerial phenomena of which the Office becomes aware.
(d)Scientific, Technological, and Operational Analyses of Data on Unidentified Aerial Phenomena.—(1) Designation.—The Secretary, in coordination with the Director, shall designate one or more line organizations that 135 STAT. 2120 will be primarily responsible for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection
(c)and data from other sources, including with respect to the testing of materials, medical studies, and development of theoretical models, to better understand and explain unidentified aerial phenomena.
(2)Authority.—The Secretary and the Director shall each issue such directives as are necessary to ensure that the each line organization designated under paragraph
(1)has authority to draw on the special expertise of persons outside the Federal Government with appropriate security clearances.
(e)Data; Intelligence Collection.—(1) Availability of data and reporting on unidentified aerial phenomena.—The Director and the Secretary shall each, in coordination with one another, ensure that—(A) each element of the intelligence community with data relating to unidentified aerial phenomena makes such data available immediately to the Office established under subsection
(a)or to an entity designated by the Secretary and the Director to receive such data; and
(B)military and civilian personnel of the Department of Defense or an element of the intelligence community, and contractor personnel of the Department or such an element, have access to procedures by which the personnel shall report incidents or information, including adverse physiological effects, involving or associated with unidentified aerial phenomena directly to the Office or to an entity designated by the Secretary and the Director to receive such information.
(2)Intelligence collection and analysis plan.—The head of the Office established under subsection (a), acting on behalf of the Secretary of Defense and the Director of National Intelligence, shall supervise the development and execution of an intelligence collection and analysis plan to gain as much knowledge as possible regarding the technical and operational characteristics, origins, and intentions of unidentified aerial phenomena, including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize unidentified aerial phenomena.
(3)Use of resources and capabilities.—In developing the plan under paragraph (2), the head of the Office established under subsection
(a)shall consider and propose, as the head determines appropriate, the use of any resource, capability, asset, or process of the Department and the intelligence community.
(f)Science Plan.—The head of the Office established under subsection (a), on behalf of the Secretary and the Director, shall supervise the development and execution of a science plan to develop and test, as practicable, scientific theories to—(1) account for characteristics and performance of unidentified aerial phenomena that exceed the known state of the art in science or technology, including in the areas of propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and power generation; and135 STAT. 2121
(2)provide the foundation for potential future investments to replicate any such advanced characteristics and performance.
(g)Consultation.Assignment of Priority.—The Director, in consultation with, and with the recommendation of the Secretary, shall assign an appropriate level of priority within the National Intelligence Priorities Framework to the requirement to understand, characterize, and respond to unidentified aerial phenomena.
(h)Annual Report.—(1) Termination date.Requirement.—Not later than October 31, 2022, and annually thereafter until October 31, 2026, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report on unidentified aerial phenomena.
(2)Elements.—Each report under paragraph
(1)shall include, with respect to the year covered by the report, the following information:(A) All reported unidentified aerial phenomena-related events that occurred during the one-year period.
(B)All reported unidentified aerial phenomena-related events that occurred during a period other than that one-year period but were not included in an earlier report.
(C)Data.An analysis of data and intelligence received through each reported unidentified aerial phenomena-related event.
(D)Data.An analysis of data relating to unidentified aerial phenomena collected through—(i) geospatial intelligence;
(ii)signals intelligence;
(iii)human intelligence; and
(iv)measurement and signature intelligence.
(E)The number of reported incidents of unidentified aerial phenomena over restricted air space of the United States during the one-year period.
(F)An analysis of such incidents identified under subparagraph (E).
(G)Identification of potential aerospace or other threats posed by unidentified aerial phenomena to the national security of the United States.
(H)Assessment.An assessment of any activity regarding unidentified aerial phenomena that can be attributed to one or more adversarial foreign governments.
(I)Identification of any incidents or patterns regarding unidentified aerial phenomena that indicate a potential adversarial foreign government may have achieved a breakthrough aerospace capability.
(J)An update on the coordination by the United States with allies and partners on efforts to track, understand, and address unidentified aerial phenomena.
(K)An update on any efforts underway on the ability to capture or exploit discovered unidentified aerial phenomena.
(L)Assessment.An assessment of any health-related effects for individuals that have encountered unidentified aerial phenomena.
(M)The number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with 135 STAT. 2122 military nuclear assets, including strategic nuclear weapons and nuclear-powered ships and submarines.
(N)Consultation.In consultation with the Administrator for Nuclear Security, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena associated with facilities or assets associated with the production, transportation, or storage of nuclear weapons or components thereof.
(O)Consultation.In consultation with the Chairman of the Nuclear Regulatory Commission, the number of reported incidents, and descriptions thereof, of unidentified aerial phenomena or drones of unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites or facilities regulated by the Nuclear Regulatory Commission.
(P)The names of the line organizations that have been designated to perform the specific functions under subsections
(c)and (d), and the specific functions for which each such line organization has been assigned primary responsibility.
(3)Form.—Each report submitted under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex.
(i)Semiannual Briefings.—(1) Deadline.Termination date.Requirement.—Not later than 90 days after the date of the enactment of this Act and not less frequently than semiannually thereafter until December 31, 2026, the head of the Office established under subsection
(a)shall provide to the congressional committees specified in subparagraphs (A), (B), and
(D)of subsection (l)(1) classified briefings on unidentified aerial phenomena.
(2)First briefing.—The first briefing provided under paragraph
(1)shall include all incidents involving unidentified aerial phenomena that were reported to the Unidentified Aerial Phenomena Task Force or to the Office established under subsection
(a)after June 24, 2021, regardless of the date of occurrence of the incident.
(3)Subsequent briefings.—Each briefing provided subsequent to the first briefing described in paragraph
(2)shall include, at a minimum, all events relating to unidentified aerial phenomena that occurred during the previous 180 days, and events relating to unidentified aerial phenomena that were not included in an earlier briefing.
(4)Instances in which data was not shared.—For each briefing period, the head of the Office established under subsection
(a)shall jointly provide to the chairman and the ranking minority member or vice chairman of the congressional committees specified in subparagraphs
(A)and
(D)of subsection (k)(1) an enumeration of any instances in which data relating to unidentified aerial phenomena was not provided to the Office because of classification restrictions on that data or for any other reason.
(j)Authorization of Appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out the work of the Office established under subsection (a), including with respect to—135 STAT. 2123(1) general intelligence gathering and intelligence analysis; and
(2)strategic defense, space defense, defense of controlled air space, defense of ground, air, or naval assets, and related purposes.
(k)Deadline.Task Force Termination.—Not later than the date on which the Secretary establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial Phenomenon Task Force.
(l)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means the following:(A) The Committees on Armed Services of the House of Representatives and the Senate.
(B)The Committees on Appropriations of the House of Representatives and the Senate.
(C)The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(D)The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2)The term “**intelligence community**” has the meaning given such term in section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](/us/usc/t50/s3003)).
(3)The term “**line organization**” means, with respect to a department or agency of the Federal Government, an organization that executes programs and activities to directly advance the core functions and missions of the department or agency to which the organization is subordinate, but, with respect to the Department of Defense, does not include a component of the Office of the Secretary of Defense.
(4)The term “**transmedium objects or devices**” means objects or devices that are observed to transition between space and the atmosphere, or between the atmosphere and bodies of water, that are not immediately identifiable.
(5)The term “**unidentified aerial phenomena**” means—(A) airborne objects that are not immediately identifiable;
(B)transmedium objects or devices; and
(C)submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices may be related to the objects or devices described in subparagraph
(A)or (B). SEC. 1684. DETERMINATION ON CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.(a) Time periods.Report Required.—For fiscal years 2022 and 2023, the Secretary concerned shall prepare a report for each indemnification request made by a covered contractor with respect to a contract. Such report shall include the following elements:(1) A determination of whether the performance of the contract includes an unusually hazardous risk (as defined in this section).
(2)An estimate of the maximum probable loss for claims or losses arising out of the contract.135 STAT. 2124
(3)Consideration of requiring the covered contractor to obtain liability insurance to compensate for claims or losses to the extent such insurance is available under commercially reasonable terms and pricing, including any limits, sub-limits, exclusions and other coverage restrictions.
(4)Consideration of not requiring a covered contractor to obtain liability insurance in amounts greater than amounts available under commercially reasonable terms and pricing or the maximum probable loss, whichever is less.
(b)Deadline.Submission to Congress.—Not later than 90 days after the date on which the Secretary concerned receives an indemnification request by a covered contractor during the period beginning on the date of the enactment of this Act and ending on September 30, 2023, the Secretary concerned shall submit to the congressional defense committees the report required under subsection (a).
(c)Review.—(1) Deadline.Requirement.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a review of the implementation by the Department of Defense of [section 2354 of title 10, United States Code](/us/usc/t10/s2354), and Executive Order 10789, as amended, pursuant to [Public Law 85–804](/us/pl/85/804) ([50 U.S.C. 1431 et seq.](/us/usc/t50/s1431/etseq)) with regard to indemnifying a contractor for the performance of a contract that includes unusually hazardous risk.
(2)Matters included.—The review required under paragraph
(1)shall include the following:(A) A determination of the extent to which each Secretary concerned is implementing such section 2354 and such Executive Order 10789 consistently.
(B)Identification of discrepancies and potential remedies in the military departments with respect to such implementation.
(3)Deadline.Briefing.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the findings of the review under paragraph (1).
(d)Definitions.—In this section:(1) The term “**covered contractor**” means a current or prospective prime contractor of the Department of Defense.
(2)The term “**military department**” has the meaning given in [section 101 of title 10, United States Code](/us/usc/t10/s101).
(3)The term “**indemnification request**” means a request for indemnification made by a covered contractor under [section 2354 of title 10, United States Code](/us/usc/t10/s2354), or Executive Order 10789, as amended, pursuant to [public Law 85–804](/us/pl/85/804) ([50 U.S.C. 1431 et seq.](/us/usc/t50/s1431/etseq)) that includes sufficient supporting justification to support a determination as required under those provisions.
(4)The term “**Secretary concerned**” means—(A) the Secretary of the Army, with respect to matters concerning the Army;
(B)the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy; and
(C)the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force.135 STAT. 2125
(5)The term “**unusually hazardous risk**” means risk of burning, explosion, detonation, flight or surface impact, or toxic or hazardous material release associated with one or more of the following products or programs:(A) Products or programs relating to any hypersonic weapon system, including boost glide vehicles and air-breathing propulsion systems.
(B)Products or programs relating to rocket propulsion systems, including, at a minimum, with respect to rockets, missiles, launch vehicles, rocket engines or motors or hypersonic weapons systems using either a solid or liquid high energy propellant inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT.
(C)Products or programs relating to the introduction, fielding or incorporating of any item containing high energy propellants, inclusive of any warhead, if any, in excess of 1000 pounds of the chemical equivalent of TNT into any ship, vessel, submarine, aircraft, or spacecraft.
(D)Products or programs relating to a classified program where insurance is not available due to the prohibition of disclosure of classified information to commercial insurance providers, and without such disclosure access to insurance is not possible.
(E)Any other product or program for which the contract under which the product or program is carried out includes a risk that the contract defines as unusually hazardous. SEC. 1685. STUDY BY PUBLIC INTEREST DECLASSIFICATION BOARD RELATING TO CERTAIN TESTS IN THE MARSHALL ISLANDS.(a) Study.—The Public Interest Declassification Board established by section 703 of the Public Interest Declassification Act of 2000 ([50 U.S.C. 3355a](/us/usc/t50/s3355a)) shall conduct a study on the feasibility of carrying out a declassification review relating to nuclear weapons, chemical weapons, or ballistic missile tests conducted by the United States in the Marshall Islands, including with respect to cleanup activities and the storage of waste relating to such tests.
(b)Report.—Not later than 90 days after the date of the enactment of this Act, the Board shall submit to the Secretary of Defense, the Secretary of Energy, and the congressional defense committees a report containing the findings of the study conducted under subsection (a). The report shall include the following:(1) The feasibility of carrying out the declassification review described in such subsection.
(2)The resources required to carry out the declassification review.
(3)Timeline.A timeline to complete such the declassification review.
(4)Any other issues the Board determines relevant.
(c)Comments.—The Secretary of Defense and the Secretary of Energy may submit to the congressional defense committees any comments the respective Secretary determines relevant with respect to the report submitted under subsection (b).
(d)Assistance.—The Secretary of Defense and Secretary of Energy shall each provide to the Board such assistance as the Board requests in conducting the study under subsection (a).135 STAT. 2126 SEC. 1686. [10 USC 196 note](/us/usc/t10/s196).PROTECTION OF MAJOR RANGE AND TEST FACILITY BASE. The Secretary of Defense may authorize, consistent with the authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation of the Major Range and Test Facility Base (as defined in [section 196(i) of title 10, United States Code](/us/usc/t10/s196/i)). SEC. 1687. CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE OF THE UNITED STATES.(a) Recommenda-tions.Establishment.—There is established in the legislative branch a commission to be known as the “Congressional Commission on the Strategic Posture of the United States” (in this section referred to as the “Commission”). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States.
(b)Composition.—(1) Membership.—The Commission shall be composed of 12 members appointed as follows:(A) One by the Speaker of the House of Representatives.
(B)One by the minority leader of the House of Representatives.
(C)One by the majority leader of the Senate.
(D)One by the minority leader of the Senate.
(E)Two by the chairperson of the Committee on Armed Services of the House of Representatives.
(F)Two by the ranking minority member of the Committee on Armed Services of the House of Representatives.
(G)Two by the chairperson of the Committee on Armed Services of the Senate.
(H)Two by the ranking minority member of the Committee on Armed Services of the Senate.
(2)Qualifications.—(A) In general.—The members appointed under paragraph
(1)shall be from among individuals who—(i) are United States citizens;
(ii)are not officers or employees of the Federal Government or any State or local government; and
(iii)have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs.
(B)Political party affiliation.—Not more than six members of the Commission may be appointed from the same political party.
(3)Deadline for appointment.—(A) In general.—All members of the Commission shall be appointed under paragraph
(1)not later than 45 days after the date of the enactment of this Act.
(B)Effect of lack of appointments by appointment date.—If one or more appointments under paragraph
(1)is not made by the date specified in subparagraph (A)—(i) Expiration date.the authority to make such appointment or appointments shall expire; and135 STAT. 2127
(ii)the number of members of the Commission shall be reduced by the number of appointments not made by that date.
(4)Chairperson; vice chairperson.—(A) Chairperson.—The chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission.
(B)Vice chairperson.—The ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission.
(5)Activation.—(A) In general.—The Commission—(i) may begin operations under this section on the date on which not less than ⅔ of the members of the Commission have been appointed under paragraph (1); and
(ii)shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i).
(B)Subsequent meetings.—After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members.
(6)Quorum.—Eight members of the Commission shall constitute a quorum.
(7)Period of appointment; vacancies.—Members of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made.
(8)Removal of members.—(A) In general.—A member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by ¾ of the members of the Commission.
(B)Vacancies.—A vacancy created by the removal of a member of the Commission under subparagraph
(A)does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made.
(c)Duties.—(1) Review.—The Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States.
(2)Assessment and recommendations.—(A) Assessment.—The Commission shall assess—(i) the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States;135 STAT. 2128
(ii)factors affecting strategic stability that relate to the strategic posture; and
(iii)lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 ([Public Law 110–181](/us/pl/110/181); [122 Stat. 319](/us/stat/122/319)) and other previous commissions and previous Nuclear Posture Reviews.
(B)Recommendations.—The Commission shall make recommendations with respect to—(i) the most appropriate strategic posture;
(ii)the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and
(iii)the most effective nuclear weapons strategy for strategic posture and stability.
(d)Report and Briefing Required.—(1) In general.—Not later than December 31, 2022, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations.
(2)Assessments.Elements.—The report required by paragraph
(1)shall include—(A) the recommendations required by subsection (c)(2)(B);
(B)a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability;
(C)a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise;
(D)an assessment of the role of missile defenses in the strategy;
(E)an assessment of the role of cyber defense capabilities in the strategy;
(F)an assessment of the role of space systems in the strategy;
(G)an assessment of the role of nonproliferation programs in the strategy;
(H)an assessment of the role of nuclear arms control in the strategy;
(I)an assessment of the political and military implications of the strategy for the United States and its allies; and
(J)any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate.
(3)Deadline.Interim briefing.—Not later than 180 days after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the 135 STAT. 2129 House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations.
(e)Information From Federal Agencies.—(1) Estimates.Statistics.In general.—The Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by—(A) the chairperson of the Commission;
(B)the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or
(C)any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph.
(2)Receipt, handling, storage, and dissemination.—Information, suggestions, estimates, and statistics provided to the Commission under paragraph
(1)may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.
(f)Assistance From Federal Agencies.—In addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law.
(g)Compensation and Travel Expenses.—(1) Status as federal employees.—Notwithstanding the requirements of [section 2105 of title 5, United States Code](/us/usc/t5/s2105), including the requirements relating to supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.
(2)Compensation.—Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315), for each day during which that member is engaged in the actual performance of the duties of the Commission.
(3)Travel expenses.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under [section 5703 of title 5, United States Code](/us/usc/t5/s5703).
(h)Staff.—(1) Appointment.Executive director.—The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(2)Pay.—The Executive Director appointed under paragraph
(1)may, with the approval of the Commission, appoint and fix the rate of basic pay for additional personnel as staff 135 STAT. 2130 of the Commission in accordance with [section 3161(d) of title 5, United States Code](/us/usc/t5/s3161/d).
(i)Personal Services.—(1) Authority to procure.—The Commission may—(A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of [section 3109 of title 5, United States Code](/us/usc/t5/s3109); and
(B)pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations.
(2)Maximum daily pay rates.—The daily rate paid an expert or consultant procured pursuant to paragraph
(1)may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315).
(j)Contracting Authority.—The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available.
(k)Authority to Accept Gifts.—(1) In general.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money.
(2)Documentation; conflicts of interest.—The Commission shall document gifts accepted under the authority provided by paragraph
(1)and shall avoid conflicts of interest or the appearance of conflicts of interest.
(3)Compliance with congressional ethics rules.—Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively.
(l)Postal Services.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
(m)Deadline.Contracts.Commission Support.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission.
(n)Expedition of Security Clearances.—The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees.
(o)Legislative Advisory Committee.—The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ([5 U.S.C. ](/us/usc/t5)App) or section 552b, United States Code (commonly known as the “Government in the Sunshine Act”).135 STAT. 2131
(p)Funding.—Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended.
(q)Termination.—(1) In general.—The Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d).
(2)Testimony.Administrative actions before termination.—The Commission may use the 90-day period described in paragraph
(1)for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d). TITLE XVII—TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES Sec. 1701. Technical, conforming, and clerical amendments related to title XVIII of the Fiscal Year 2021 NDAA. Sec. 1702. Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes. SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS RELATED TO TITLE XVIII OF THE FISCAL YEAR 2021 NDAA.(a) [10 USC note](/us/usc/t10)prec. 3001.Definitions; Effective Date; Applicability.—(1) Definitions.—In this section, the terms “FY2021 NDAA” and “such Act” mean the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(2)Amendments to apply pre-transfer of defense acquisition statutes.—The amendments made by subsections (b), (i), and
(j)through
(v)shall apply as if included in the enactment of title XVIII of the FY2021 NDAA as enacted.
(3)Amendments to take effect post-transfer of defense acquisition statutes.—The amendments made by subsections
(c)through
(h)and
(w)shall take effect immediately after the amendments made by title XVIII of the FY2021 NDAA have taken effect.Applicability. Sections 1883 through 1885 of the FY2021 NDAA shall apply with respect to the transfers, redesignations, and amendments made under such subsections as if such transfers, redesignations, and amendments were made under title XVIII of the FY2021 NDAA.
(4)Reorganization regulation update notice.—Section 1801(d)(3)(B)(i) of FY2021 NDAA[10 USC note](/us/usc/t10)prec. 3001. is amended by inserting “and provides public notice that such authorities have been revised and modified pursuant to such paragraph” after “paragraph (2)”.
(5)Savings provision relating to transfer and reorganization of defense acquisition statutes.Effective date.—If this Act is enacted after December 31, 2021, notwithstanding section 1801(d)(1) of the FY2021 NDAA, the amendments made by 135 STAT. 2132 title XVIII of the FY2021 NDAA shall take effect immediately after the enactment of this Act.
(b)Technical Corrections to Title XVIII of FY2021 NDAA.—Title XVIII of the FY2021 NDAA is amended as follows:(1) Section 1806(a)[10 USC 2545](/us/usc/t10/s2545), 3001. is amended in paragraph
(4)by striking “Transfer” and all that follows through “and amended” and inserting the following: “Restatement of section 2545(1).—Section 3001 of such title, as added by paragraph (1), is further amended by inserting after subsection (b), as transferred and redesignated by paragraph (3), a new subsection
(c)having the text of paragraph
(1)of section 2545 of such title, as in effect on the day before the date of the enactment of this Act, revised”.
(2)Section 1807 is amended—(A) in subsection (b)(1)[10 USC 3062](/us/usc/t10/s3062)., by striking “new sections” and inserting “new section”;
(B)[10 USC 3064](/us/usc/t10/s3064).in subsection (c)(3)(A)—(i) by striking the semicolon and close quotation marks at the end of clause
(i)and inserting close quotation marks and a semicolon; and
(ii)by striking “by any” in the matter to be inserted by clause (ii); and
(C)in subsection (e)—(i) by striking “of this title” in the matter to be inserted by paragraph (2)(B)[10 USC 3068](/us/usc/t10/s3068).; and
(ii)by striking “Sections” in the quoted matter before the period at the end of paragraph (3)[10 USC 2315](/us/usc/t10/s2315), 3068. and inserting “For purposes of”.
(3)Section 1809(e)[10 USC 3134](/us/usc/t10/s3134). is amended by striking subparagraph
(B)of paragraph
(2)(including the amendment made by that subparagraph).
(4)Section 1811[10 USC 3201](/us/usc/t10/s3201). is amended—(A) in subsection (c)(2)—(i) in subparagraph (B), by striking the comma before the close quotation marks in both the matter to be stricken and the matter to be inserted; and
(ii)in subparagraph (D), by inserting a comma after “3901” in the matter to be inserted;
(B)in subsection (d)(3)(B)—[10 USC 3204](/us/usc/t10/s3204).(i) by striking the dash after “mobilization” in the matter to be inserted by clause
(ii)and inserting a semicolon; and
(ii)by striking the dash after “center” in the matter to be inserted by clause
(iv)and inserting “; or”;
(C)in subsection (d)(4)(D), by striking “this” in the matter to be stricken by clause
(ii)and inserting “This”;
(D)in subsection (d)(5)(A), by striking “inserting” and all that follows through “; and” and inserting “inserting ‘Offer requests to potential sources.—’ before ‘The head of an agency’; and”;
(E)in subsection (d)(6)(A), in the matter to be inserted—(i) by striking the close quotation marks after “Procedures.—”; and
(ii)by striking the comma after “(7)”; and135 STAT. 2133
(F)in subparagraphs (C)(ii) and (E)(ii) of subsection (e)(3), by striking[10 USC 3206](/us/usc/t10/s3206). “and (ii)” each place it appears and inserting “and (iii)”.
(5)[10 USC 3242](/us/usc/t10/s3242).Section 1813 is amended in subsection (c)(1)(D) by inserting “and inserting” after the first close quotation marks.
(6)[10 USC 3303](/us/usc/t10/s3303).Section 1816(c) is amended—(A) in paragraph (5)—(i) in subparagraph (C)—(I) by striking “the second sentence” and inserting “the second and third sentences”; and
(II)by striking “subsection (d)” and inserting “subsections
(d)and (e), respectively”; and
(ii)by striking subparagraph
(G)and inserting the following:"“(G) in subsection (d), as so designated, by inserting ‘Notice of Award.—’ before ‘The head of’; and “(H) in subsection (e), as so designated, by striking ‘This subparagraph does not’ and inserting ‘Exception for Perishable Subsistence Items.—Subsections
(c)and
(d)do not’.” "; and
(B)[10 USC 3305](/us/usc/t10/s3305).in paragraph (7)(J)(ii), in the matter to be inserted, by inserting “under” before “this section”.
(7)[10 USC 2316](/us/usc/t10/s2316), 3344.Section 1818 is amended by striking the close quotation marks and second period at the end of subsection (b).
(8)Section 1820 is amended—(A) [10 USC ](/us/usc/t10)prec. 3401.in subsection (a), in the matter to be inserted, by striking the item relating to section 3404 and inserting the following new item:" “3404. **[**Reserved**]**.”; "
(B)[10 USC 3403](/us/usc/t10/s3403).in subsection (c)(3)(A), by striking “section” in the matter to be stricken; and
(C)[10 USC 3405](/us/usc/t10/s3405).in subsection (d)(4)(B), by inserting “section” before “3403(b)” in the matter to be inserted.
(9)[10 USC 3456](/us/usc/t10/s3456).Section 1821 is amended in subsection (b)(5) by striking “subsection (b)(2)(B)(i)” and inserting “subsection (c)(2)(B)(i)”.
(10)Section 1831 is amended—(A) [10 USC 2306a](/us/usc/t10/s2306a), 3701.in subsection (b), by striking “redesignated as subsection (a), and” and inserting “amended by striking the subsection designation and subsection heading, and further”;
(B)[10 USC 3702](/us/usc/t10/s3702).in subsection (c)(2)(A), in the matter to be stricken, by striking “the” and inserting “The”;
(C)in subsection (c)(2)(D)—(i) by striking clauses
(ii)through (v); and
(ii)in the matter preceding clause (i), by striking “as so redesignated” and all that follows through “by inserting” and inserting “as so redesignated, by inserting”;
(D)in subsection (c)(2)(E)—(i) by striking clauses
(ii)through (v); and
(ii)in the matter preceding clause (i), by striking “as so redesignated” and all that follows through “by inserting” and inserting “as so redesignated, by inserting”; and
(iii)by inserting “and” after the semicolon at the end;
(E)in subsection (c)(2)(F)—135 STAT. 2134
(i)by striking clauses
(ii)through (v); and
(ii)in the matter preceding clause (i), by striking “as so redesignated” and all that follows through “by inserting” and inserting “as so redesignated, by inserting”; and
(iii)by striking the semicolon at the end and inserting a period;
(F)in subsection (c)(4)(A), by striking the matter proposed to be inserted and inserting “Certification.—”;
(G)in subsection (c)(8)—(i) by striking subparagraph (C); and
(ii)in subparagraph (B), by adding “and” at the end;
(H)[10 USC 3707](/us/usc/t10/s3707).in subsection (h), by striking “such section 3706” in paragraphs
(2)and
(3)and inserting “such section 3707”; and
(I)in subsection (j)—(i) [10 USC 2343](/us/usc/t10/s2343).in paragraph (3), in the matter to be inserted, by striking “3701–3708” and inserting “3701 through 3708”; and
(ii)[10 USC 2379](/us/usc/t10/s2379), 2380.[10 USC 3750](/us/usc/t10/s3750).by striking paragraphs
(4)and (5).
(11)Section 1832(i)(7)(F)—(A) in clause (iv), by striking “and” at the end;
(B)in clause (v), by striking the period at the end and inserting “; and”; and
(C)by adding at the end the following new clause:"“(vi) in subparagraph
(B)(as so redesignated), by striking ‘paragraph (1)’ and inserting ‘subsection (b)’.” ".
(12)Section 1833 is amended—(A) [10 USC ](/us/usc/t10)prec. 3791.in subsection (n), in the section heading for section 3791, by striking “department of defense” and inserting “department of defense”; and
(B)[10 USC 2328](/us/usc/t10/s2328), 2386, 3793, 3794.in subsection (o)(2), by striking “Section” and “as section” and inserting “Sections” and “as sections”, respectively.
(13)[10 USC 3807](/us/usc/t10/s3807).Section 1834(h)(2) is amended by striking “section 3801(1)” in the matter to be inserted and inserting “section 3801(a)”.
(14)[10 USC 171a](/us/usc/t10/s171a).Section 1845(c)(2) is amended by striking “section” in the matter to be stricken and inserting “sections”.
(15)Section 1846 is amended—(A) [10 USC 4204](/us/usc/t10/s4204).in subsection (f)(6)(A), in the matter to be inserted, by inserting a period after “Oversight”;
(B)[10 USC 1706](/us/usc/t10/s1706).in subsection (i)(3), by striking “Section 1706(c)(1)” and inserting “Section 1706(a)”; and
(C)by adding at the end the following:"“(j) Further Cross-reference Amendment.—[Section 1706(a) of title 10, United States Code](/us/usc/t10/s1706/a), is further amended by striking ‘section 2430(a)(1)(B)’ and inserting ‘section 4201(a)(2)’.” ".
(16)Section 1847 is amended—(A) in the table of subchapters to be inserted by subsection (a),[10 USC ](/us/usc/t10)prec. 4211. by striking the item relating to the second subchapter III (relating to contractors) and inserting the following:" “V. Contractors 4291”; and "
(B)[10 USC 4273](/us/usc/t10/s4273).in subsection (e)(3)(A), by inserting “section” before “4376(a)(1)” in the matter to be inserted.135 STAT. 2135
(17)[10 USC 4324](/us/usc/t10/s4324).Section 1848(d) is amended by striking paragraph (2).
(18)[10 USC 4372](/us/usc/t10/s4372).Section 1850(e)(2) is amended by inserting “transferred and” before “redesignated”.
(19)Section 1856 is amended—(A) [10 USC 4502](/us/usc/t10/s4502).in subection (f)(5)(A), in the matter to be inserted, by striking the comma at the end; and
(B)[10 USC 4505](/us/usc/t10/s4505).in subsection (h), by striking “subsection (d)” and inserting “subsection (g)”.
(20)[10 USC 4658](/us/usc/t10/s4658).Section 1862(c)(2) is amended by striking “section 4657” and inserting “section 4658”.
(21)Section 1866 is amended—(A) [10 USC 4801](/us/usc/t10/s4801).in subsection (c)—(i) in paragraph (1), by inserting “and” at the end;
(ii)in paragraph (2), by striking “; and” at the end and inserting a period; and
(iii)by striking paragraph
(3)(including the amendment made by that paragraph); and
(B)[10 USC 2501 note](/us/usc/t10/s2501).in subsection (d), by striking “4817” in the matter to be inserted by paragraph (4)(A)(ii) and inserting “4818”.
(22)Section 1867(d) is amended—(A) [10 USC 4814](/us/usc/t10/s4814).in paragraph (3), by striking “Section 4814” and inserting “Section 4814(a)”;
(B)[10 USC 4818](/us/usc/t10/s4818).by amending paragraph
(5)to read as follows:"“(5) Section 4818 is amended in subsection (a)—“(A) by striking ‘of this chapter’ and inserting ‘of chapters 381 through 385 and chapter 389’; and “(B) by striking ‘under this chapter’ and inserting ‘under such chapters’.” "; and
(C)by adding at the end the following new paragraph:"“(7) Section 4817(d)(1) is amended by striking ‘this chapter’ and inserting ‘chapters 381 through 385 and chapter 389’.” ".
(23)[10 USC 4864](/us/usc/t10/s4864).Section 1870(c)(3) is amended—(A) by inserting after subparagraph
(A)the following new subparagraph:"“(B) in each of paragraphs
(4)and
(5)of subsection (d), by striking ‘section 2500(1)’ and inserting ‘section 4801(1)’;” ";
(B)by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), respectively; and
(C)in subparagraph
(D)(as so redeisgnated), by striking “of the first subsection
(k)(relating to ‘Limitation on certain procurements application process’),” and inserting “of subsection (j),”.
(24)10 USC2413–2419,4952–4957, 4959.Section 1872(a) is amended in each of paragraphs
(5)through
(11)by striking “chapter 385 of such title, as amended” and inserting “chapter 388 of such title, as added”.
(c)Conforming Amendments to Provisions of [Title 10, United States Code](/us/usc/t10), That Are Transferred and Redesignated by Title XVIII of the FY2021 NDAA.—[Title 10, United States Code](/us/usc/t10), as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows:(1) [Section 3221 of title 10, United States Code](/us/usc/t10/s3221), as added by subsection
(a)and amended by subsection
(b)of section 1812 of such Act, is amended in subsection
(c)by striking “under this section” and inserting “under this chapter”.135 STAT. 2136
(2)Section 3223 of such title, as added by subsection
(a)and amended by subsection
(d)of section 1812 of such Act, is amended by striking “under this section” in paragraph
(2)and inserting “under this chapter”.
(3)Section 3702 of such title, as added and amended by section 1831 of such Act, is amended—(A) in subsection (a)(3) by striking “under this section” in the matter preceding subparagraph
(A)and inserting “under this chapter”; and
(B)in subsection (d), by striking “this section” and inserting “this chapter”.
(4)Section 4375 of such title, as added by subsection
(a)and amended by subsection
(i)of section 1850 of such Act, is amended in subsection (d)(7)—(A) by striking “under the program
(i)expressed as” and inserting "“under the program—“(A) expressed as” "; and
(B)by striking “or subprogram, and
(ii)expressed as” and inserting "“or subprogram; and“(B) expressed as” ".
(d)Cross-reference Amendments Within Transferred Sections.—[Title 10, United States Code](/us/usc/t10), as transferred and redesignated by title XVIII of the FY2021 NDAA, is amended as follows:(1) [Section 3131 of title 10, United States Code](/us/usc/t10/s3131), as transferred and redesignated by section 1809(b) of such Act, is amended in subsection (b)(1) by striking “section 2353” and inserting “section 4141”.
(2)Section 3137 of such title, as transferred and redesignated by section 1809(h)(1) of such Act, is amended in subsection (b)(2) by striking “section 2330a” and inserting “section 4505”.
(3)Section 3203 of such title, as added by paragraph
(1)and amended by paragraph
(2)of section 1811(d)(2) of such Act, is amended in subsection
(c)by striking “paragraphs
(1)and (2)” and inserting “subsections (a)(1) and (b)”.
(4)Section 3206 of such title, as added by paragraph
(1)and amended by paragraphs
(2)and
(3)of section 1811(e)(2) of such Act, is amended in subsection (a)(3) by striking “subparagraphs
(A)and (B)” in the matter preceding subparagraph
(A)and inserting “paragraphs
(1)and (2)”.
(5)Section 3221 of such title, as added by subsection
(a)and amended by subsection
(b)of section 1812 of such Act, is amended in subsection (b)(2) by striking “chapter 144” before “of this title” and inserting “chapters 321, 324, and 325, subchapter I of chapter 322, and sections 3042, 4232, 4273, 4293, 4321, 4323, and 4328”.
(6)Section 3862 of such title, as transferred and redesignated by section 1836(b) of such Act, is amended in subsection
(b)by striking “section 2303(a)” and inserting “section 3063”.
(7)Section 4008 of such title, as transferred and redesignated by section 1841(c) of such Act, is amended by striking “section 2303(a)” in subsections
(a)and
(d)and inserting “section 3063”.
(8)Section 4061 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended in subsection (b)(5) by striking “section 2302e” and inserting “section 4004”.135 STAT. 2137
(9)Section 4062 of such title, as transferred and redesignated by section 1842(b) of such Act, is amended—(A) in subsection (c)(4)(A)—(i) in clause (i), by striking “section 2433(d)” and inserting “section 4374”; and
(ii)in clause (ii), by striking “section 2433(e)(2)(A)” and inserting “section 4375(b)”;
(B)in subsection (j), by striking “chapter 137” and inserting “sections 3201 through 3205”; and
(C)in subsection (k)(2), by striking “(as defined in section 2302(5) of this title)”.
(10)Section 4171 of such title, as transferred and redesignated by section 1845(b) of such Act, is amended in subsection (a)(2)—(A) in subparagraph (A), by striking “within the meaning” and all that follows through “this title”; and
(B)in subparagraph (B), by striking “under” and all that follows through “this title” and inserting “under section 4203(a)(1) of this title”.
(11)Section 4324 of such title, as amended by section 802(a) and transferred and redesignated by section 1848(d)(1) of such Act, is amended in subsection (d)—(A) in paragraph (5), by striking “section 2430” in subparagraph
(A)and “section 2430(a)(1)(B)” in subparagraph
(B)and inserting “section 4201” and “section 4201(a)(2) of this title”, respectively;
(B)in paragraph (6), by striking “section 2366(e)(7)” and inserting “section 4172(e)(7)”; and
(C)in paragraph (7), by striking “section 2431a(e)(5)” and inserting “section 4211(e)(3)”.
(12)Section 4375 of such title, as added by subsection
(a)and amended by subsection
(h)section 1850), is amended in subsection (c)(2)—(A) in subparagraph (A), by striking “or (b)(2)”; and
(B)in subparagraph (B)—(i) by striking “or (b)(2)” ; and
(ii)by striking “subsection (b)(1)” and inserting “section 4376”.
(13)Section 4505 of such title, as transferred and redesignated by section 1856(g) of such Act, is amended by striking “section 2383(b)(3)” in subsection (h)(2) and inserting “section 4508(b)(3)”.
(14)Section 4660 of such title, as transferred and redesignated by section 1862(b) of such Act, is amended by striking “section 2324” in subsection (c)(2) and inserting “subchapter I of chapter 273”.
(15)Section 4814 of such title, as transferred and redesignated by section 1867(b) of such Act, is amended by striking “subchapter V of chapter 148” in paragraph
(5)of subsection (a), as added by section 842(a)(2) of such Act, and inserting “chapter 385”.
(16)Section 4819 of such title, as transferred and redesignated by section 1867(b) of such Act and amended by section 843 of such Act, is amended in subsection (b)(2)—(A) in subparagraph (C)(xi), by striking “section 2339a” and inserting “section 3252”; and
(B)in subparagraph (E)—135 STAT. 2138(i) in clause (i), by striking “(as defined in section 2500(1) of this title)”;
(ii)in clause (ii), by striking “section 2533a” and inserting “section 4862”; and
(iii)in clause (v), by striking “section 2521” and inserting “sections 4841 and 4842”.
(17)Section 4862 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended by striking “section 2304(c)(2)” in subsection (d)(4) and inserting “section 3204(a)(2)”.
(18)Section 4863 of such title, as transferred and redesignated by section 1870(c)(2) of such Act, is amended—(A) in subsection (c)(2), by striking “section 2304(c)(2)” and inserting “section 3204(a)(2)”; and
(B)in subsection (f), by striking “section 2304(g)” and inserting “section 3205”.
(19)Section 4981 of such title, as transferred by subsection
(b)and redesignated by subsection
(c)of section 1873 of such Act, is amended by striking “section 2501(a)” in subsection
(a)and inserting “section 4811(a)”.
(e)Disposition of New Title 10 Acquisition Provisions Added by the FY2021 NDAA.—(1) Transfer of new section 2339c.—(A) Transfer.—[Section 2339c of title 10, United States Code](/us/usc/t10/s2339c), as added by section 803 of the FY2021 NDAA, is transferred to chapter 873 of such title, inserted after section 8754, and redesignated as section 8755, and amended in subsection (d)(3) by striking “section 2430” and inserting “section 4201”.
(B)Clerical amendment.—The table of sections at the beginning of such chapter10 USCprec. 8751. is amended by adding at the end the following new item:" “8755. Disclosures for offerors for certain shipbuilding major defense acquisition program contracts.”. "
(2)Transfer of new section 2533d.—(A) Transfer.—[Section 2533d of title 10, United States Code](/us/usc/t10/s2533d), as added by section 841(a) of the FY2021 NDAA, is transferred to chapter 385 of such title, inserted after section 4872 of subchapter III of such chapter, redesignated as section 4873, and amended in subsection (a)(2) by striking “section 2338” and inserting “section 3573”.
(B)Clerical amendment.—The table of sections at the beginning of such chapter10 USCprec. 4871. is amended by inserting after the item relating to section 4872 the following new item:" “4873. Additional requirements pertaining to printed circuit boards.”. "
(3)Transfer of new section 2358c.—(A) Transfer.—[Section 2358c of title 10, United States Code](/us/usc/t10/s2358c), as added by section 1115(a) of the FY2021 NDAA, is transferred to subchapter II of chapter 303 of such title, as added by section 1842(a) of the FY2021 NDAA, inserted after section 4093, as transferred and redesignated by section 1843(a) (as amended by this section), and redesignated as section 4094.
(B)Clerical amendments.—The table of sections at the beginning of such chapter, as added by section 1842(a) 135 STAT. 2139 of the FY2021 NDAA (as amended by this section),10 USCprec. 4061. is amended by inserting after the item relating to section 4093 the following new item:" “4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.”. "
(4)Transfer of new section 2374b.—(A) Transfer.—[Section 2374b of title 10, United States Code](/us/usc/t10/s2374b), as added by section 212(a)(1) of the FY2021 NDAA, is transferred to subchapter II of chapter 301 of such title, added at the end of such subchapter, and redesignated as section 4027.
(B)Clerical amendment.—The table of sections at the beginning of such chapter10 USCprec. 4001. is amended by adding at the end the following new item:" “4027. Disclosure requirements for recipients of research and development funds.”. "
(f)Amendments to Tables of Sections.—[Title 10, United States Code](/us/usc/t10), is amended as follows:(1) 10 USCprec. 2281.The table of sections at the beginning of chapter 136 is amended by striking the item relating to section 2283.
(2)10 USCprec. 2771.The table of sections at the beginning of chapter 165 is amended by striking the item relating to section 2784.
(3)The table of sections at the beginning of chapter 203, as added by section 1807(a) of the FY2021 NDAA,10 USCprec. 3062. is amended in the item relating to section 3064 by inserting “of” after “Applicability”.
(4)The table of sections at the beginning of chapter 223, as added by section 1813(a) of such Act,10 USCprec. 3241. is amended by striking the item relating to section 3248 and inserting the following new item:" “3248. **[**Reserved**]**.”. "
(5)The table of sections at the beginning of subchapter II of chapter 273, as added by section 1832(j)10 USCprec. 3761. of such Act, is amended by striking the items relating to sections 3764 and 3765.
(6)The table of sections at the beginning of subchapter III of chapter 275, as added by section 1833(n)10 USCprec. 3791. of such Act, is amended by striking the item relating to section 3792 and inserting the following new item:" “3792. **[**Reserved**]**.”. "
(7)The table of sections at the beginning of subchapter I of chapter 322, as added by section 1847(a),10 USCprec. 4211. is amended by striking the item relating to section 4212 and inserting the following new item:" “4212. Risk management and mitigation in major defense acquisition programs and major systems.”. "
(8)The table of sections at the beginning of subchapter II of chapter 322, as added by section 1847(a),10 USCprec. 4231. is amended 135 STAT. 2140 by striking the item relating to section 4232 and inserting the following new item:" “4232. Prohibition on use of lowest price technically acceptable source selection process.”. "
(9)The table of sections at the beginning of chapter 323, as added by section 1848(a),10 USCprec. 4321. is amended by striking the item relating to section 4324 and inserting the following new item:" “4324. Life-cycle management and product support.”. "
(10)The table of sections at the beginning of chapter 382, as added by section 1867(a) of such Act,10 USCprec. 4811. is amended by striking the item relating to section 4814 and inserting the following new item:" “4814. National technology and industrial base: annual report and quarterly briefings.”. "
(g)Amendments to Tables of Chapters.—The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of [title 10, United States Code](/us/usc/t10),[10 USC ](/us/usc/t10)prec. 101, prec. 3001. are amended—(1) in the items for chapters 203, 205, and 207, by striking the section number at the end of each item and inserting “3061”, “3101”, and “3131”, respectively;
(2)by striking the item for chapter 247 and inserting the following:" “247. Procurement of Commercial Products and Commercial Services 3451”; "
(3)in the item for chapter 251, by striking the section number at the end and inserting “3571”;
(4)by striking the item for chapter 257 and inserting the following:" “257. Contracts for Long-Term Lease or Charter of Vessels, Aircraft, and Combat Vehicles 3671 “258. Other Types of Contracts Used for Procurements for Particular Purposes 3681”; and "
(5)by striking the last word in the item for the heading for subpart D and inserting “Provisions”.
(h)Amendments to Headings.—Subtitle A of [title 10, United States Code](/us/usc/t10), is amended as follows:(1) The heading of subpart D of part V is amended to read as follows:"“Subpart D—General Contracting Provisions” "**.**
(2)The heading of subchapter II of chapter 273, as added by section 1832(j) of the FY2021 NDAA, is amended to read as follows:"“Subchapter II—Other Allowable Cost Provisions” "**.**
(i)Amendments to Delete Headings From Sections Specified as “Reserved”.—Title XVIII of the FY2021 NDAA is amended as follows:(1) Chapter 201.—The matter inserted by section 1806(a)(1) is amended—(A) in each of the items relating to sections 3003 and 3005 in the table of sections at the beginning of subchapter I, by striking[10 USC ](/us/usc/t10)prec. 3001. the text after the section designation and inserting “**[**Reserved**]**.”;
(B)by striking section 3003 and inserting the following:135 STAT. 2141 "“§ 3003. **[**Reserved**]**” "; and
(C)by striking section 3005 and inserting the following:"“§ 3005. **[**Reserved**]**” ".
(2)Chapter 209.—(A) In the table of contents for chapter 209 inserted by section 1810(a),[10 USC ](/us/usc/t10)prec. 3151. by striking the text after the subchapter II designation and inserting “**[**Reserved**]**”.
(B)[10 USC ](/us/usc/t10)prec. 3171.Section 1810(d) is amended to read as follows:"“(d) Additional Subchapter.—[Chapter 209 of title 10, United States Code](/us/usc/t10/ch209), is amended by adding at the end the following new subchapter:"“ ‘SUBCHAPTER II—[RESERVED] “ ‘Sec. “ ‘3171. **[**Reserved**]**. “ ‘3172. **[**Reserved**]**. “ ‘§ 3171. **[**Reserved**]** “ ‘§ 3172. **[**Reserved**]**’.” ". "
(3)10 USCprec. 3301.Chapter 225.—The matter inserted by section 1813(h) is amended by striking the text after the chapter designation and inserting “**[**Reserved**]**”.
(4)Chapter 242.—The matter inserted by section 1817(a) is amended—(A) in the item relating to section 3324 in the table of sections,10 USCprec. 3321. by striking the text after the section designation and inserting “**[**Reserved**]**.”; and
(B)by striking section 3324 and inserting the following:"“§ 3324. **[**Reserved**]**” ".
(5)Chapter 253.—(A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of [title 10, United States Code](/us/usc/t10),10 USCprec. 101,prec. 3001. are amended by striking the text after the chapter designation for chapter 253 in each place and inserting “**[**Reserved**]**”.
(B)Section 1824 is amended—(i) [10 USC ](/us/usc/t10)prec. 3671.in the matter inserted by subsection (a), by striking the text after the chapter designation and inserting “**[**Reserved**]**”; and
(ii)10 USCprec. 101,prec. 3001.in the matter inserted by subsection (b), by striking the text after the chapter designation and inserting “**[**Reserved**]**”.
(6)Chapter 272.—The matter inserted by section 1831(k) is amended—(A) [10 USC ](/us/usc/t10)prec. 3721.by striking the text after the chapter designation and inserting “**[**Reserved**]**”; and
(B)[10 USC ](/us/usc/t10)prec. 3721.by striking all after the chapter heading and inserting the following:" “Sec. “3721. **[**Reserved**]**. “3722. **[**Reserved**]**. “3723. **[**Reserved**]**. “3724. **[**Reserved**]**. 135 STAT. 2142 “§ 3721. **[**Reserved**]** “§ 3722. **[**Reserved**]** “§ 3723. **[**Reserved**]** “§ 3724. **[**Reserved**]**” ".
(7)Chapter 279.—(A) 10 USCprec. 3841.The matter inserted by section 1835(a) is amended in the table of sections by striking the text after the section designation in each of the items relating to sections 3843, 3844, and 3846 and inserting “**[**Reserved**]**.”.
(B)Section 1835(e) is amended—(i) by striking the matter inserted by paragraph
(1)and inserting the following:"“§ 3843. **[**Reserved**]** “§ 3844. **[**Reserved**]**” "; and
(ii)by striking matter inserted by paragraph
(2)and inserting the following:"“§ 3846. **[**Reserved**]**” ".
(8)Chapter 283.—(A) The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of [title 10, United States Code](/us/usc/t10),10 USCprec. 101,prec. 3001. are amended by striking the text after the chapter designation for chapter 283 in each place and inserting “**[**Reserved**]**”.
(B)10 USCprec. 2327,prec. 3901.Section 1837 is amended to read as follows:"“SEC. 1837. RESERVATION OF CHAPTER 283. "“Part V of subtitle A of [title 10, United States Code](/us/usc/t10), as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115](/us/pl/115)– 232), is amended by striking chapter 283 and inserting the following:“ ‘CHAPTER 283—[RESERVED]’.” ". "
(9)Chapter 343.—Section 1856 is amended—(A) 10 USCprec. 101,prec. 3001.in the matter to be inserted by subsection (a), by striking the text following the designation of chapter 343 and inserting “**[**Reserved**]**”; and
(B)by amending the matter to be inserted by subsection (j)[10 USC ](/us/usc/t10)prec. 4751. to read as follows:"“CHAPTER 343—[RESERVED] “Subchapter Sec. “I. **[**Reserved**]** 4541 “II. **[**Reserved**]** 4551 “SUBCHAPTER I—[RESERVED] “Sec. “4541. **[**Reserved**]**. “SUBCHAPTER II—[RESERVED] “Sec. “4551. **[**Reserved**]**.”. "135 STAT. 2143
(10)Chapter 387.—Section 1871 is amended by amending the matter to be inserted by subsection (a)(2)—(A) by inserting after the item relating to subchapter I the following[10 USC ](/us/usc/t10)prec. 4901. new item:" “II. **[**Reserved**]** 4991”; and "
(B)10 USCprec. 4951.by inserting after the item relating to section 4901 the following new item:"“SUBCHAPTER II—[RESERVED] “Sec. “4911. **[**Reserved**]**.”. "
(j)Revised Section Relating to Regulations.—Section 1807(b) of the FY2021 NDAA[10 USC 3062](/us/usc/t10/s3062). is amended in the matter to be inserted by paragraph (1), by striking “shall prescribe” and inserting “is required by section 2202 of this title to prescribe”.
(k)Revised Transfer of Sections Relating to Multiyear Contracts for Acquisition of Property.—Section 1822 of the FY2021 NDAA is amended as follows:(1) Revised sections.—In the matter to be inserted by subsection (a)—(A) [10 USC ](/us/usc/t10)prec. 3501.in the table of sections for subchapter I, by striking the items relating to sections 3501 through 3511 and inserting the following:" “3501. Multiyear contracts: acquisition of property.”; and "
(B)by striking the section headings for sections 3501 through 3511 and inserting the following:"“§ 3501.[10 USC 3501](/us/usc/t10/s3501). Multiyear contracts: acquisition of property” ".
(2)Transfer of section 2306b.—Such section is further amended—(A) [10 USC 2396b](/us/usc/t10/s2396b), 3501–3511.by striking subsections
(b)through (l); and
(B)by inserting after subsection
(a)the following new section:"“(b) Transfer of Section 2306b.—[Section 2306b of title 10, United States Code](/us/usc/t10/s2306b), is transferred to section 3501 of such title, as added by subsection (a).” ".
(3)Transfer of section 2306c.—Such section is further amended—(A) in the matter to be inserted by subsection (m)—(i) 10 USCprec. 3531.in the table of sections, by striking the items relating to sections 3531 through 3535 and inserting the following:" “3531. Multiyear contracts: acquisition of services.”; and "
(ii)by striking the section headings for sections 3531 through 3535 and inserting the following:"“§ 3531.[10 USC 3531](/us/usc/t10/s3531). Multiyear contracts: acquisition of services” ";
(B)10 USCprec. 3531,2531–3535.by redesignating such subsection
(m)as subsection (c);
(C)[10 USC 2396c](/us/usc/t10/s2396c), 3531–3535.by striking subsections
(n)through (s);
(D)by adding after subsection
(c)(as so redesignated) the following new subsection:"“(d) Transfer of Section 2306c.—[Section 2306c of title 10, United States Code](/us/usc/t10/s2306c), is transferred to section 3531 of such title, as added by subsection (c).” ".135 STAT. 2144
(4)[10 USC 2410o](/us/usc/t10/s2410o),prec. 3551, 3551.Conforming redesignation.—Such section is further amended by redesignating subsection
(t)as subsection (e).
(l)Renaming of Chapter 287.—(1) Renaming of chapter.—Section 1838 of the FY2021 NDAA is amended—(A) in the section heading, by striking the penultimate word in the heading and inserting “other contracting”; and
(B)by striking the penultimate word in the chapter heading in the matter[10 USC ](/us/usc/t10)prec. 3901. inserted by subsection
(a)and inserting “**OTHER CONTRACTING**”.
(2)Tables of chapters.—The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of [title 10, United States Code](/us/usc/t10),[10 USC ](/us/usc/t10)prec. 101,prec. 3001. are amended by striking the item relating to chapter 287 and inserting the following new item:" “287. Other Contracting Programs 3961”. "
(m)Revised Transfer of Sections Within Chapter 388.—(1) Transfer.—Section 1872(a) of title XVIII of the FY2021 NDAA, as amended by this section, is further amended—(A) by amending paragraph
(2)to read as follows:"“(2) Transfer.—The text of [section 2411 of title 10, United States Code](/us/usc/t10/s2411), is transferred to section 4951 of such title, as added by paragraph (1).” ";
(B)[10 USC 2411](/us/usc/t10/s2411), 2412, 4951, 4952.by amending paragraph
(3)to read as follows:"“(3) Transfer of section 2412.—The text of [section 2412 of title 10, United States Code](/us/usc/t10/s2412), is transferred to section 4952 of such title, as added by paragraph (1).” "; and
(C)by amending paragraph
(4)to read as follows:"“(4) Transfer of section 2420.—The text of [section 2420 of title 10, United States Code](/us/usc/t10/s2420), is transferred to section 4953 of such title, as added by paragraph (1).” ".
(2)Conforming amendments.—Such section 1872(a) is further amended—(A) [10 USC 2414](/us/usc/t10/s2414), 4855.in paragraph (5)—(i) by striking “inserted after section 4951, redesignated as section 4952” and inserting “inserted after section 4953, redesignated as section 4954”;
(ii)in the matter to be inserted by subparagraph (B)(ii), by striking “section 4957(b)” and inserting “section 4959(b)”;
(B)in paragraph (6)—(i) by striking “section 4952” and inserting “section 4954”;
(ii)by striking “section 4953” and inserting “section 4955”;
(iii)in the matter to be inserted by subparagraph (B), by striking “section 4951(b)(1)(D)” and inserting “section 4951(1)(D)”; and
(iv)in the matter to be inserted by subparagraph (C), by striking “section 4957(b)” and inserting “section 4959(b)”;
(C)[10 USC 2415](/us/usc/t10/s2415), 4956.in paragraph (7)—(i) by striking “section 4953” and inserting “section 4955”;
(ii)by striking “section 4954” and inserting “section 4956”;135 STAT. 2145
(D)[10 USC 2416](/us/usc/t10/s2416), 4957.in paragraph (8)—(i) by striking “section 4954” and inserting “section 4956”;
(ii)by striking “section 4955” and inserting “section 4957”;
(E)[10 USC 2418](/us/usc/t10/s2418), 4958.in paragraph (9)—(i) by striking “section 4955” and inserting “section 4957”;
(ii)by striking “section 4956” and inserting “section 4958”;
(F)[10 USC 2419](/us/usc/t10/s2419), 4959.in paragraph (10)—(i) by striking “section 4956” and inserting “section 4958”;
(ii)by striking “section 4957” and inserting “section 4959”;
(G)[10 USC 2417](/us/usc/t10/s2417), 4961.in paragraph (11)—(i) by striking “inserted after section 4957, as added by paragraph (10),” and inserting “added at the end of such chapter”; and
(ii)by striking “section 4959” and inserting “section 4961”.
(3)Table of sections.—Section 1872(a)(B) of the FY2021 NDAA is amended by striking the matter to be inserted and inserting the following:"“CHAPTER 388—PROCUREMENT[10 USC ](/us/usc/t10)prec. 4951. TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM “4951. Definitions. “4952. Purposes. “4953. Regulations. “4954. Cooperative agreements. “4955. Funding. “4956. Distribution. “4957. Subcontractor information. “4958. Authority to provide certain types of technical assistance. “4959. Advancing small business growth. “4960. [Reserved]. “4961. Administrative and other costs. “SEC. 4951. [10 USC 4951](/us/usc/t10/s4951).DEFINITIONS. “SEC. 4952. [10 USC 4952](/us/usc/t10/s4952).PURPOSES. “SEC. 4953. [10 USC 4953](/us/usc/t10/s4953).REGULATIONS.” "**.**
(n)Revised Section Relating to Navy Contract Financing.—Title XVIII of the FY2021 NDAA is amended as follows:(1) Revised placement.—The matter to be inserted by section 1834(a) is amended—(A) [10 USC ](/us/usc/t10)prec. 3801.in the table of sections, by adding at the following new item:" “3808. Certain Navy contracts.”; and "
(B)by adding after the heading for section 3807 the following:"“§ 3808.[10 USC 3808](/us/usc/t10/s3808). Certain Navy contracts” ".
(2)[10 USC 2307](/us/usc/t10/s2307), 3808.Transfer of section 2307(g).—Section 1834 is further amended by adding at the end the following new subsection:"“(i) Transfer of Subsection
(g)of Section 2307.—135 STAT. 2146 “(1) Transfer.—Subsection
(g)of [section 2307 of title 10, United States Code](/us/usc/t10/s2307), is transferred to section 3808 of such title, as added by subsection (a), inserted after the section heading, and amended—“(A) by striking the subsection designation and subsection heading; and “(B) by redesignating paragraphs (1), (2), and
(3)as subsections (a), (b), and (c), respectively. “(2) Revisions to new 3808(a).—Subsection
(a)of such section 3808, as so transferred and redesignated, is amended—“(A) by inserting ‘Repair, Maintenance, or Overhaul of Naval Vessels: Rate for Progress Payments.—’ before ‘The Secretary of the Navy’; and “(B) by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. “(3) Revisions to new 3808(b).—Subsection
(b)of such section 3808, as so transferred and redesignated, is amended—“(A) by inserting ‘Authority to Advance Funds for Immediate Salvage Operations.—’ before ‘The Secretary of the Navy’; and “(B) by striking ‘this paragraph’ in the second sentence and inserting ‘this subsection’. “(4) Revisions to new 3808(c).—Subsection
(c)of such section 3808, as so transferred and redesignated, is amended by inserting ‘Security for Construction and Conversion of Naval Vessels.—’ before ‘The Secretary of the Navy’. “(5) Conforming amendment.—Section 8702(c) is amended by striking ‘section 2307(g)(2)’ and inserting ‘section 3808(b)’.’ ” "’.
(3)[10 USC 2307](/us/usc/t10/s2307),prec. 8661, 8702.Repeal of prior transfer.—Section 1876 is repealed.
(o)Revised Transfer Relating to Selected Acquisition Reports.—(1) Transfer as single section.—(A) [10 USC ](/us/usc/t10)prec. 4350,prec. 4351.Subsection
(a)section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking all after the chapter heading and inserting the following:" “Sec. “4351. Selected Acquisition Reports.”. "
(B)[10 USC 2432](/us/usc/t10/s2432), 4350.Subsection
(b)of such section 1849 is amended to read as follows:"“(b) Transfer of Section 2432.—[Section 2432 of title 10, United States Code](/us/usc/t10/s2432), is transferred to chapter 324 of such title, as added by subsection (a), and redesignated as section 4351.” ".
(2)Conforming amendments.—(A) The section heading for section 1849 of the FY2021 NDAA is amended[10 USC 4350](/us/usc/t10/s4350),prec. 4351. to read as follows:"“SEC. 1849. SELECTED ACQUISITION REPORTS.” "**.**
(B)[10 USC ](/us/usc/t10)prec. 4350,prec. 4351.Section 1849 of the FY2021 NDAA is amended in the matter to be inserted by striking the text after the chapter designation and inserting “**SELECTED ACQUISITION REPORTS**”.
(3)Cross-reference amendments in section 4351(c).—Subsection
(c)of such section 1849 is amended to read as follows:"“(c) Cross-reference Amendments in New Section 4351(c).—Subsection (c)(1) of such section, as so transferred and redesignated, is amended—135 STAT. 2147“(1) by striking ‘section 2431’ in subparagraph
(A)and inserting ‘section 4205’; “(2) by striking ‘section 2433(a)(2)’ in subparagraph (B)(i) and inserting ‘section 4371(a)(4)’; “(3) by striking ‘section 2435(d)(1)’ in subparagraph (B)(ii) and inserting ‘section 4214(d)(1)’; “(4) by striking ‘section 2435(d)(2)’ in subparagraph (B)(iii) and inserting ‘section 4214(d)(2)’; “(5) by striking ‘section 2432(e)(4)’ in subparagraph (B)(iv) and inserting ‘section 4355(4)’; and “(6) by striking ‘section 2446a’ in subparagraph
(G)and inserting ‘section 4401’.’ ” "’.
(4)Cross-reference amendment in section 4351(h).—Subsection
(d)of such section 1849[10 USC 2432](/us/usc/t10/s2432), 4351, 4352. is amended to read as follows:"“(d) Cross-reference Amendment in New Section 4351(h).—Subsection (h)(2)(A) of such section, as so transferred and redesignated, is amended by striking ‘section 2431’ and inserting ‘section 4205’.’ ” "’.
(5)Deletion of superseded amendments.—Such section 1849 is further amended—(A) [10 USC 2432](/us/usc/t10/s2432), 4353–4358.[10 USC 1734](/us/usc/t10/s1734), 2432, 8671.by striking subsections
(e)through (k); and
(B)redesignating subsections
(l)and
(m)as subsections
(e)and (f), respectively.
(6)Conforming cross-reference amendments.—Title XVIII of the FY2021 NDAA is amended—(A) in section 1812—(i) [10 USC 3221](/us/usc/t10/s3221).in subsection (b)(2)(D), by striking “section 4353(a)” in the matter to be inserted and inserting “section 4351(c)(1)”; and
(ii)[10 USC 3225](/us/usc/t10/s3225).in subsection (f)(2)(C), by striking “sections 4351 through 4358” in the matter to be inserted and inserting “section 4351”;
(B)in section 1846—(i) [10 USC 4204](/us/usc/t10/s4204).in subsection (f)(5)(C), by striking “sections 4351 through 4358” in the matter to be inserted and inserting “section 4351”; and
(ii)[10 USC 4203](/us/usc/t10/s4203).in subsection (g)(1), by striking “section 4351” in the matter to be inserted and inserting “section 4351(a)”;
(C)in section 1847—(i) [10 USC 4214](/us/usc/t10/s4214).in subsection (b)(4)(B)(iii), by striking “sections 4351 through 4358” in the matter to be inserted and inserting “section 4351”;
(ii)[10 USC 4231](/us/usc/t10/s4231).in subsection (c)(1)(A)(i), by striking “sections 4351 through 4358” in the matter to be inserted and inserting “section 4351”;
(iii)[10 USC 4252](/us/usc/t10/s4252).in subsection (d)(2)(C)(ii), by striking “sections 4351 through 4358” in the matter to be inserted and inserting “section 4351”; and
(iv)[10 USC 4271](/us/usc/t10/s4271).in subsection (e)(1)(A), by striking “section 4351(2)” in the matter to be inserted and inserting “section 4351(a)(2)”;
(D)[10 USC 1734](/us/usc/t10/s1734), 8671.in section 1849(f) (as so redesignated), by striking “chapter 324” in the matter to be inserted and inserting “section 4351”; and
(E)in section 1850—135 STAT. 2148(i) [10 USC 4371](/us/usc/t10/s4371).in subsection (b)(3)(A)(ii), by striking “section 4351” in the matter to be inserted and inserting “section 4351(a)”;
(ii)in subsection (c)(2), by striking “section 4358” in the matter to be inserted and inserting “section 4351(h)”;
(iii)[10 USC 4372](/us/usc/t10/s4372).in subsection (e)(4)(A), by striking “section 4352(c)” in the matter to be inserted and inserting “section 4351(b)(3)”;
(iv)[10 USC 4375](/us/usc/t10/s4375).in subsection (h)(2)(C)(ii), by striking “and inserting” and all that follows through “respectively” and inserting “and inserting ‘section 4351(e)’ and ‘section 4351(f)’, respectively”;
(v)[10 USC 4376](/us/usc/t10/s4376).in subsection (j)(3)(B)(ii), by striking “section 4356(a)” in the matter to be inserted and inserting “section 4351(f)”;
(vi)[10 USC 4377](/us/usc/t10/s4377).in subsection (k)(4)(D), by striking “section 4352” in the matter to be inserted and inserting “section 4351”; and
(vii)in subsection (k)(6)(D)(i)(II), by striking “section 4356” in the matter to be inserted and inserting “section 4351(f)”.
(p)Transfer of Sections 2196 & 2197 to Chapter 384 (manufacturing Technology).—(1) Transfer.—Section 1869(d) of the FY2021 NDAA is amended—(A) [10 USC 2522](/us/usc/t10/s2522), 4845, 2196, 4843, 2197, 4844.by striking “Section 2522.—[Section 2522 of title 10, United States Code](/us/usc/t10/s2522), is” and inserting "“Sections 2196, 2197, and 2522.—“(1) Transfer.—Sections 2196, 2197, and 2522 of [title 10, United States Code](/us/usc/t10), are” ";
(B)by striking “as section 4843” and inserting “as sections 4843, 4844, and 4845, respectively”; and
(C)by adding at the end the following new paragraph:"“(2) Conforming amendments.—Section 4844, as transferred and redesignated by paragraph (1), is amended in subsection (a)(6), by striking ‘section 2196’ and inserting ‘section 4843’.” ".
(2)Tables of sections.—(A) Chapter 384.—Section 1869(a) of the FY2021 NDAA is amended[10 USC ](/us/usc/t10)prec. 4841. in the matter to be inserted by striking the item relating to section 4843 and inserting the following:" “4843. Manufacturing engineering education program. “4844. Manufacturing experts in the classroom. “4845. Armament retooling and manufacturing.”. "
(B)Chapter 111.—The table of sections at the beginning of [chapter 111 of title 10, United States Code](/us/usc/t10/ch111),[10 USC ](/us/usc/t10)prec. 2191. is amended by striking the items relating to sections 2196 and 2197.
(q)Revised Transfer of Section 2358b.—Title XVIII of the FY2021 NDAA is amended as follows:(1) Deletion of transfer to chapter 303.—Section 1842(b) is[10 USC 2358b](/us/usc/t10/s2358b), 2359a, 2359b, 2361a, 2365, 2374a,4061–4063,4065, 4066. amended—(A) by striking “2358b,”; and
(B)by striking “4064,”.135 STAT. 2149
(2)Transfer to chapter 87.—Subtitle J of title XVIII of the FY2021 NDAA[10 USC ](/us/usc/t10)prec. 1761. is amended by inserting after section 1878 the following new section:"“SEC. 1878A. TRANSFER OF TITLE 10 SECTION RELATING TO JOINT RESERVE DETACHMENT OF DEFENSE INNOVATION UNIT.“(a) Transfer.—[Section 2358b of title 10, United States Code](/us/usc/t10/s2358b), is transferred to subchapter V of chapter 87 of such title, inserted after section 1765, and redesignated as section 1766. “(b) Clerical Amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: “1766. Joint reserve detachment of the Defense Innovation Unit.”. "
(r)Revised Section Relating to Acquisition-related Functions of Chiefs of the Armed Forces.—Title XVIII of the FY2021 NDAA is amended as follows:(1) Deletion of separate section for acquisitions functions of service chiefs.—Section 1847 is amended—(A) 10 USCprec. 4271.in the matter to be inserted by subsection (a), by striking the item relating to section 4274 in the table of sections for subchapter IV and inserting:" “4274. **[**Reserved**]**.”; and "
(B)[10 USC 2547](/us/usc/t10/s2547), 7033, 8033, 8043, 9033.in subsection (e), by striking paragraphs (4), (5), and (6)(B).
(2)Cross-reference amendment.—Section 1808(d) is amended by adding at the end the following new paragraph:"“(3) Sections 7033(d)(5), 8033(d)(5), 8043(e)(5), and 9033(d)(5) of such title are amended by striking ‘and 2547’ and inserting ‘and 3104’.’ ” "’.
(s)Revised Transfer of Section Relating to National Technology and Industrial Base.—Title XVIII of the FY2021 NDAA is amended as follows:(1) Deletion of previous transfer of section 2440.—Section 1847(b)(2) is amended—(A) [10 USC 2440](/us/usc/t10/s2440), 4211.by striking “Transfer of” and all that follow through “(B)”; and
(B)[10 USC 4211](/us/usc/t10/s4211).by striking “paragraph (3)” in the matter to be inserted and inserting “section 4820 of this title”.
(2)Revised transfer.—(A) [Section 2440 of title 10, United States Code](/us/usc/t10/s2440), as amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 4819, and redesignated as section 4820.
(B)The table of sections at the beginning of such chapter is amended10 USCprec. 4811. by adding at the end the following new item:" “4820. National technology and industrial base plans, policy, and guidance.”. "
(C)Such section 4820, as so transferred and redesignated, is amended—(i) in subsection (a), by striking “section 2501” and inserting “section 4811”; and
(ii)in subsection (b), by striking “chapter 148” and inserting “subchapters 381 through 385 and subchapter 389”.
(t)Revision of Subchapter III of Chapter 385.—Section 1870(d) of the FY2021 NDAA is amended—135 STAT. 2150(1) [10 USC ](/us/usc/t10)prec. 4871.in the matter inserted by paragraph (1)—(A) by striking the items relating to sections 4871 and 4872 and inserting the following new items:" “4871. Contracts: consideration of national security objectives. “4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition.”; and "
(B)by adding after the item relating to section 4873, as added by this section, the following new item:" “4874. Award of certain contracts to entities controlled by a foreign government: prohibition.”; "
(2)in paragraph (2)—(A) in the paragraph heading, by striking “sections 2533c and 2536” and inserting “sections 2327, 2533c, and 2536”;
(B)by striking “sections 2533c and 2536 of title 10” and inserting “sections 2327, 2533c, and 2536 of title 10”; and
(C)by striking “sections 4871 and 4872” and inserting “sections 4871, 4872, and 4874”;
(3)in paragraph (3)—(A) in subparagraph (A), by striking “Section 4871” and inserting “Section 4872”; and
(B)in the matter inserted by subparagraph (B), by striking “**4871**” and inserting “**4872**”; and
(4)[10 USC 2572](/us/usc/t10/s2572).in the matter inserted by paragraph (4), by striking “section 4872(c)(1)” and inserting “section 4874(c)(1)”.
(u)Restructuring of Chapters of Subpart E (research & Engineering).—Section 1841 of the FY2021 NDAA is amended as follows:(1) Revised subpart e.—The matter to be inserted by subsection (a)(2)10 USCprec. 101,prec. 3001. is amended to read as follows:"“Subpart E—Research and Engineering “301. Research and Engineering Generally 4001 “303. Research and Engineering Activities 4061 “305. Universities 4131 “307. Test and Evaluation 4171”. "
(2)Revised chapter 301.—Section 1841 of the FY2021 NDAA is further amended as follows:(A) Revised table of sections.—The matter to be inserted by subsection (a)(1)(B)[10 USC ](/us/usc/t10)prec. 4001. is amended—(i) by inserting after the item relating to chapter 301 the following:"“SUBCHAPTER I—GENERAL” ";
(ii)by striking the items relating to sections 4002, 4003, and 4004 and inserting the following:" “4002. **[**Reserved**]**. “4003. **[**Reserved**]**. “4004. Contract authority for development and demonstration of initial or additional prototype units.”; "
(iii)by striking the items relating to sections 4008 and 4009 and inserting the following:" “4008. **[**Reserved**]**. “4009. **[**Reserved**]**.”; and "135 STAT. 2151
(iv)by striking the item relating to section 4015 and inserting the following:"“SUBCHAPTER II—AGREEMENTS “4021. Research projects: transactions other than contracts and grants. “4022. Authority of the Department of Defense to carry out certain prototype projects. “4023. Procurement for experimental purposes. “4024. Merit-based award of grants for research and development. “4025. Prizes for advanced technology achievements. “4026. Cooperative research and development agreements under Stevenson-Wydler Technology.”. "
(B)Revised transfer of title 10 sections.—Subsection (b)(1)[10 USC 4004](/us/usc/t10/s4004),4007, 4021–4026,2358, 2371, 2371b, 2373, 4001, 4002. is amended—(i) by inserting “2302e, 2359,” after “2358,”;
(ii)by striking “and 2373” and inserting “, 2373, 2374, 2374a, and 2371a”;
(iii)by striking “4002, 4003, and”; and
(iv)by inserting “, 4007, 4021, 4022, 4023, 4024, 4025, and 4026” before “, respectively”.
(C)[10 USC 4001](/us/usc/t10/s4001).Technical amendment.—Subsection (b)(2)(A)(i) is amended by striking “by striking” and all that follows through the semicolon at the end and inserting “by striking ‘section 2371 or 2371b’ and inserting ‘section 4021 or 4022’;”.
(D)[10 USC 2357](/us/usc/t10/s2357),2359, 2361, 2374,prec. 4001,prec. 4021.Designation of subchapters.—Subsection
(c)is amended to read as follows:"“(c) Designation of Subchapters.—Chapter 301 of such title, as added by subsection (a), is amended—“(1) by inserting before section 4001, as transferred and redesignated by subsection (b)(1), the following:"“ ‘Subchapter I—General’**; and** " “(2) by inserting before section 4021, as transferred and redesignated by subsection (b)(1), the following:"“ ‘Subchapter II—Agreements’**.”** "**.** "
(E)Revised transfer of section 2364(a).—Subsection (d)(1) is amended[10 USC 2364](/us/usc/t10/s2364), 4014. by striking “section 4009” and inserting “section 4007”.
(F)Revised cross-reference amendments.—(i) Subsection (b)(2) is amended—(I) [10 USC 4001](/us/usc/t10/s4001).in subparagraph (A)(ii), by striking “sections 4004” in the matter to be inserted and inserting “section 4023”;
(II)in subparagraph (A)(iii), by striking “sections 4002 and 4143” in the matter to be inserted and inserting “sections 4021 and 4026”;
(III)in subparagraph (B), by striking “Section 4002” and inserting “Section 4021”;
(IV)in subparagraph (C)—(aa) by striking “Section 4003” and inserting “Section 4022”; and
(bb)by striking “section 4002” in the matter to be inserted and inserting “section 4021”; and135 STAT. 2152
(V)by adding at the end the following new subparagraph:"“(D) Section 4004 of such title, as so transferred and redesignated, is amended by striking ‘section 2302(2)(B)’ in subsection
(a)and inserting ‘section 3012(2)’.” ".
(ii)[10 USC 2501 note](/us/usc/t10/s2501).Subsection (e)(2) is amended by striking “section 4003” in the matter to be inserted and inserting “section 4022”.
(3)Revised chapter 303, subchapter i.—Section 1842 of the FY2021 NDAA is amended as follows:(A) Revised heading and table of sections.—The matter to be inserted by subsection
(a)is amended to read as follows:"“CHAPTER 303—RESEARCH10 USCprec. 4061. AND ENGINEERING ACTIVITIES “Subchapter I— General “Sec. “4061. Defense Research and Development Rapid Innovation Program. “4062. Defense Acquisition Challenge Program. “4063. **[**Reserved**]**. “4064. **[**Reserved**]**. “4065. **[**Reserved**]**. “4066. Global Research Watch Program. “4067. Technology protection features activities. “Subchapter II— Personnel “4091. Authorities for certain positions at science and technology reinvention laboratories. “4092. Personnel management authority to attract experts in science and engineering. “4093. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. “Subchapter III— Research and Development Centers and Facilities “4121. **[**Reserved**]**. “4122. **[**Reserved**]**. “4123. Mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. “4124. Centers for Science, Technology, and Engineering Partnership. “4125. Functions of Defense research facilities. “4126. Use of federally funded research and development centers. “Subchapter I—10 USCprec. 4061.General “Subchapter II—10 USCprec. 4091.Personnel “Subchapter III—[10 USC ](/us/usc/t10)prec. 4123.Research and Development Centers and Facilities” "**.**
(B)Transfer of title 10 sections to subchapter i.—Subsection (b)[10 USC 2357](/us/usc/t10/s2357), 4067, 2358b, 2359a, 2359b, 2361a, 2365, 2374a, 4061, 4062, 4066. is amended—(i) by striking “2361a” and all that follows through “2365” and inserting “2365, and 2357”;
(ii)by striking “after the table of sections” and inserting “after the heading for subchapter I”; and
(iii)by striking “4063” and all that follows through “4066” and inserting “4066, and 4067”.
(C)Revised cross-reference amendment.—Subsection (c)(1) is amended by striking “section 4065” in the matter to be inserted and inserting “section 4025”.135 STAT. 2153
(4)Revised chapter 303, subchapters ii & iii.—(A) [10 USC 4092](/us/usc/t10/s4092), 4093, 4091, 4123, 4126, 4124, 2364, 2358a, 2360, 2363, 4125.In general.—Section 1843 of the FY2021 NDAA is amended by striking the section heading and subsections
(a)and
(b)and inserting the following:"“SEC. 1843. PERSONNEL; RESEARCH AND DEVELOPMENT CENTERS AND FACILITIES.“(a) Transfer of Title 10 Sections to Subchapter Ii.—Sections 2358a, 1599h, and 2192a of [title 10, United States Code](/us/usc/t10), are transferred to subchapter II of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4091, 4092, and 4093, respectively. “(b) Transfer of Title 10 Sections to Subchapter Iii.—“(1) In general.—Sections 2363, 2368, and 2367 of [title 10, United States Code](/us/usc/t10), are transferred to subchapter III of chapter 303 of such title, as added by section 1842(a), inserted (in that order) after the subchapter heading, and redesignated as sections 4123, 4124, and 4126, respectively. “(2) Transfer of section 2364(b) and (c).—“(A) Heading.—Such subchapter III is further amended by inserting after section 4124, as transferred and redesignated by paragraph (1), the following:"“ ‘§ 4125. Functions of Defense research facilities’. " “(B) Text.—Subsections
(b)and
(c)of section 2364 of such title are transferred to such subchapter, inserted after the section heading for section 4125, as added by subparagraph (A), and redesignated as subsections
(a)and (b), respectively.” ".
(B)Revised cross-reference amendment.—Subsection
(c)of such section 1843[10 USC 2805](/us/usc/t10/s2805). is amended by striking “section 4103(a)” in the matter to be inserted and inserting “section 4123(a)”.
(C)Conforming amendments to transferred section.—Such section 1843 is further amended by adding at the end the following new subsection:"“(d) Conforming Amendments to Transferred Section.—Section 4124 of such title, as transferred and redesignated by subsection (b)(1), is amended in subsection (b)(3)(B)(ii), by striking ‘2358, 2371, 2511, 2539b, and 2563’ and inserting ‘2563, 4001, 4021, 4831, and 4062’.” ".
(5)Revised chapter 305.—(A) New chapter 305.—Subsection
(a)of section 1844 of the FY2021 NDAA10 USCprec. 4141. is amended—(i) by striking “chapter 305, as added by the preceding section” and inserting “chapter 303, as added by section 1842”; and
(ii)by striking the matter inserted by that subsection and inserting:"“CHAPTER 305—UNIVERSITIES “Sec. “4141. Award of grants and contracts to colleges and universities: requirement of competition. “4142. Extramural acquisition innovation and research activities. “4143. Research and development laboratories: contracts for services of university students.135 STAT. 2154 “4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education.”. "
(B)Transfer of title 10 sections to new chapter 305.—Such section is[10 USC 114](/us/usc/t10/s114),2224 note, prec. 2350a, 2350*l*,2353, 2364, 2367,2368, 2371a,prec. 2661, 2681. further amended by striking subsections (b), (c), (d), and
(e)and inserting the following:"“(b) Transfer of Title 10 Sections.—Sections 2361, 2361a, 2360, and 2362 of [title 10, United States Code](/us/usc/t10), are transferred to chapter 305 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as section 4141, 4142, 4143, and 4144, respectively.” ".
(6)Revised chapter 307.—(A) Redesignation of chapter 309 as chapter 307.—Subsection
(a)of section 1845 of the FY2021 NDAA10 USCprec. 4171. is amended—(i) by striking “chapter 307, as added by the preceding section” and inserting “chapter 305, as added by section 1844”; and
(ii)by redesignating the chapter added by that section as chapter 307.
(B)Transfer of additional sections to redesignated chapter 307.—Subsection
(b)of such section[10 USC 4174](/us/usc/t10/s4174), 4175, 196, 2366, 2399, 4171–4173. is amended—(i) by striking “and 196” and inserting “196, 2353, and 2681”; and
(ii)by striking “section 4171, 4172, and 4173” and inserting “sections 4171, 4172, 4173, 4174, and 4175”.
(C)Table of sections.—The table of sections inserted by subsection
(a)of such section10 USCprec. 4171. is amended by adding at the end the following new items:" “4174. Contracts: acquisition, construction, or furnishing of test facilities and equipment. “4175. Use of test and evaluation installations by commercial entities.”. "
(v)Conforming Amendments to Delete Conflicting Transfers of Certain Sections.—(1) Deletion of transfer of section 2302e to chapter 243.—Section 1818 of the FY2021 NDAA is amended—(A) [10 USC 2302e](/us/usc/t10/s2302e).by striking subsection (c); and
(B)10 USCprec. 3344.by striking the last item in the table of sections inserted by subsection (a).
(2)Deletion of transfer of section 2362 to chapter 287.—Section 1838 of the FY2021 NDAA is amended—(A) [10 USC 2304e](/us/usc/t10/s2304e), 2323a, 2362, 2410d, 2410n, 3901–3903, 3905.in subsection (b), by striking “2362,” and “3904,”; and
(B)10 USCprec. 3901.by striking the item relating to section 3904 in the table of sections inserted by subsection
(a)and inserting the following new item:" “3904. **[**Reserved**]**.”. "
(w)Amendments to Tables of Sections Not in Part V.—[Title 10, United States Code](/us/usc/t10), is amended as follows:(1) 10 USCprec. 1580.The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 1599h.
(2)10 USCprec. 2191.The table of sections at the beginning of chapter 111 is amended by striking the item relating to section 2192a.
(3)10 USCprec. 2661.The table of sections at the beginning of chapter 159 is amended by striking the item relating to section 2681.135 STAT. 2155 SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES.(a) Amendments to [Title 10, United States Code](/us/usc/t10).—[Title 10, United States Code](/us/usc/t10), is amended as follows:(1) Section 171a(i)(3) is amended by striking “2366a(d)” and inserting “4251(d)”.
(2)Section 181(b)(6) is amended by striking “sections 2366a(b), 2366b(a)(4),” and inserting “sections 4251(b), 4252(a)(4),”.
(3)Section 1734(c)(2) is amended by striking “section 2435(a)” and inserting “section 4214(a)”.
(b)Amendments to Laws Classified as Notes in [Title 10, United States Code](/us/usc/t10).—(1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [10 U.S.C. 2302 note](/us/usc/t10/s2302)) is amended by striking “section 2545” and inserting “section 3001”.
(2)Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ([Public Law 111–383](/us/pl/111/383); [10 U.S.C. 2463 note](/us/usc/t10/s2463)) is amended by striking “section 235, 2330a, or 2463” and inserting “section 2463, 3137, or 4505”.
(3)Section 8065 of the Department of Defense Appropriations Act, 2005 ([Public Law 108–287](/us/pl/108/287); [10 U.S.C. 2540 note](/us/usc/t10/s2540)), is amended—(A) by striking “subchapter VI of chapter 148” both places it appears and inserting “subchapter I of chapter 389”; and
(B)by striking “section 2540c(d)” and inserting “section 4974(d)”.
(c)Amendments to Laws Classified in [Title 6, United States Code](/us/usc/t6) (homeland Security).—(1) Section 831(a)(1) of the Homeland Security Act of 2002 ([6 U.S.C. 391(a)](/us/usc/t6/s391/a)) is amended by striking “section 2371” and inserting “section 4021”.
(2)Section 853(b) of such Act ([6 U.S.C. 423(b)](/us/usc/t6/s423/b)) is amended by striking paragraphs (1), (2), and
(3)and inserting the following:"“(1) [Section 134 of title 41, United States Code](/us/usc/t41/s134). “(2) [Section 153 of title 41, United States Code](/us/usc/t41/s153). “(3) [Section 3015 of title 10, United States Code](/us/usc/t10/s3015).” ".
(3)Section 855 of such Act ([6 U.S.C. 425](/us/usc/t6/s425)) is amended—(A) in subsection (a)(2), by striking subparagraphs (A), (B), and
(C)and inserting the following:"“(A) Sections 1901 and 1906 of [title 41, United States Code](/us/usc/t41). “(B) [Section 3205 of title 10, United States Code](/us/usc/t10/s3205). “(C) [Section 3305 of title 41, United States Code](/us/usc/t41/s3305).” "; and
(B)in subsection (b)(1), by striking “provided in” and all that follows through “shall not” and inserting “provided in [section 1901(a)(2) of title 41, United States Code](/us/usc/t41/s1901/a/2), [section 3205(a)(2) of title 10, United States Code](/us/usc/t10/s3205/a/2), and [section 3305(a)(2) of title 41, United States Code](/us/usc/t41/s3305/a/2), shall not”.
(4)Section 856(a) of such Act ([6 U.S.C. 426(a)](/us/usc/t6/s426/a)) is amended by striking paragraphs (1), (2), and
(3)and inserting the following:135 STAT. 2156 "“(1) Federal property and administrative services act of 1949.—In [division C of subtitle I of title 41, United States Code](/us/usc/t41/stI/dC):“(A) Paragraphs (1), (2), (6), and
(7)of subsection
(a)of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection
(d)of such section). “(B) Section 4106 of such title, relating to orders under task and delivery order contracts. “(2) [Title 10, united states code](/us/usc/t10).—In part V of subtitle A of [title 10, United States Code](/us/usc/t10):“(A) Paragraphs (1), (2), (6), and
(7)of subsection
(a)of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection
(d)of such section). “(B) Section 3406, relating to orders under task and delivery order contracts. “(3) Office of federal procurement policy act.—Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.” ".
(5)Section 604(f) of the American Recovery and Reinvestment Act of 2009 ([6 U.S.C. 453b(f)](/us/usc/t6/s453b/f)) is amended by striking “section 2304(g)” and inserting “section 3205”.
(d)Amendments to [Title 14, United States Code](/us/usc/t14) (coast Guard).—[Title 14, United States Code](/us/usc/t14), is amended as follows:(1) Section 308(c)(10)(B)(ii) is amended by striking “section 2547(c)(1)” and inserting “section 3104(c)(1)”.
(2)Section 1137(b)(4) is amended by striking “section 2306b” and inserting “section 3501”.
(3)Section 1906(b)(2) is amended by striking “chapter 137” and inserting “sections 3201 through 3205”.
(e)Amendments to Laws Classified in [Title 15, United States Code](/us/usc/t15) (commerce).—(1) Section 14(a) of the Metric Conversion Act of 1975 ([15 U.S.C. 205l(a)](/us/usc/t15/s205l/a)) is amended—(A) in the first sentence, by striking “set forth in chapter 137” and all that follows through “et seq.),” and inserting “set forth in the provisions of [title 10, United States Code](/us/usc/t10), referred to in section 3016 of such title as ‘chapter 137 legacy provisions’, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of [subtitle I of title 41, United States Code](/us/usc/t41/stI),”;
(B)in the second sentence, by striking “under section 2377(c)” and all that follows through the period and inserting “under [section 3453(c) of title 10, United States Code](/us/usc/t10/s3453/c), and [section 3307(d) of title 41, United States Code](/us/usc/t41/s3307/d).”; and
(C)in the third sentence, by striking “section 2377” and all that follows through “shall take” and inserting “section 3453 of title 10, United Sates Code, or section 3307(b) to
(d)of [title 41, United States Code](/us/usc/t41), then the provisions of such sections 3453 or 3307(b) to
(d)shall take”.
(2)Section 8 of the Small Business Act ([15 U.S.C. 637](/us/usc/t15/s637)) is amended—135 STAT. 2157(A) in subsection (g)(2), by striking “section 2304(c)” and inserting “section 3204(a)”; and
(B)in subsection (h)—(i) in paragraph (1)(B), by striking “chapter 137” and inserting “sections 3201 through 3205”; and
(ii)in paragraph (2), by striking “section 2304(f)(2)” and “section 2304(f)(1)”, and inserting “paragraphs
(3)and
(4)of section 3204(e)” and “section 3204(e)(1)”, respectively.
(3)Section 9 of the Small Business Act ([15 U.S.C. 638](/us/usc/t15/s638)) is amended in subsection (r)(4)(A) by striking “section 2304” and inserting “sections 3201 through 3205”.
(4)Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 ([Public Law 116–92](/us/pl/116/92); [15 U.S.C. 638 note](/us/usc/t15/s638)) is amended by striking “section 2500” and inserting “section 4801”.
(5)Section 15 of the Small Business Act ([15 U.S.C. 644](/us/usc/t15/s644)) is amended—(A) in subsection (k)—(i) in paragraph (17)(B), by striking “section 2318” and inserting “section 3249”;
(ii)in paragraph (17)(C), by striking “chapter 142” and inserting “chapter 388”; and
(iii)in paragraph (18), by striking “section 2784” and inserting “section 4754”;
(B)in subsection (r)(2), by striking “section 2304c(b)” and inserting “section 3406(c)”; and
(C)in subsections
(u)and (v), by striking “chapter 142” and inserting “chapter 388”.
(6)Section 16 of the Small Business Act ([15 U.S.C. 645](/us/usc/t15/s645)) is amended in subsection (d)(3) by striking “chapter 142” and inserting “chapter 388”.
(7)Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 ([Public Law 100–180](/us/pl/100/180); [15 U.S.C. 4602](/us/usc/t15/s4602)) is amended in subsection
(c)by striking “section 2306a” and inserting “chapter 271”.
(f)Amendments to Titles 32, United States Code (national Guard) and 37, United States Code (pay and Allowances).—(1) [Section 113 of title 32, United States Code](/us/usc/t32/s113), is amended in subsection (b)(1)(B) by striking “section 2304(c)” and inserting “section 3204(a)”.
(2)[Section 418 of title 37, United States Code](/us/usc/t37/s418), is amended in subsection (d)(2)(A)—(A) by striking “section 2533a” and inserting “section 4862”; and
(B)by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.
(g)Amendments to [Title 40, United States Code](/us/usc/t40) (public Buildings).—[Title 40, United States Code](/us/usc/t40), is amended as follows:(1) Section 113(e) is amended—(A) in paragraph (3)—(i) by striking “chapter 137” and inserting “section 3063”; and
(ii)by striking “that chapter;” and inserting “the provisions of that title referred to in section 3016 of such title as ‘chapter 137 legacy provisions’;”; and135 STAT. 2158
(B)in paragraph (5), by striking “section 2535” and inserting “section 4881”.
(2)Section 581(f)(1)(A) is amended by striking “section 2535” and inserting “section 4881”.
(h)Amendments to [Title 41, United States Code](/us/usc/t41) (public Contracts).—[Title 41, United States Code](/us/usc/t41), is amended as follows:(1) Section 1127(b) is amended by striking “section 2324(e)(1)(P)” and inserting “section 3744(a)(16)”.
(2)Section 1303(a)(1) is amended by striking “chapters 4 and 137 of title 10” and inserting “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.
(3)Section 1502(b)(1)(B) is amended by striking “section 2306a(a)(1)(A)(i)” and inserting “section 3702(a)(1)(A)”.
(4)Section 1708(b)(2)(A) is amended by striking “section 2304(c)” and inserting “section 3204(a)”.
(5)Section 1712(b)(2)(B) is amended by striking “section 2304(c)” and inserting “section 3204(a)”.
(6)Section 1901(e)(2) is amended by striking “section 2304(f)” and inserting “section 3204(e)”.
(7)Section 1903 is amended—(A) in subsection (b)(3), by striking “section 2304(g)(1)(B)” and inserting “section 3205(a)(2)”; and
(B)in subsection (c)(2)(B), by striking “section 2306a” and inserting “chapter 271”.
(8)Section 1907(a)(3)(B)(ii) is amended by striking “section 2305(e) and (f)” and inserting “section 3308”.
(9)Section 1909(e) is amended by striking “section 2784” and inserting “section 4754”.
(10)Section 2101(2)(A) is amended by striking “section 2306a(h)” and inserting “section 3701”.
(11)Section 2311 is amended by striking “section 2371” and inserting “section 4021”.
(12)Section 3302 is amended—(A) in subsection (a)(3)—(i) in subparagraph (A), by striking “section 2302(2)(C)” and inserting “section 3012(3)”; and
(ii)in subparagraph (B), by striking “sections 2304a to 2304d of title 10,” and inserting “chapter 245 of title 10”;
(B)in subsection (c)(1)(A)(i), by striking “section 2304c(b)” and inserting “section 3406(c)”; and
(C)in subsection (d)(1)(B), by striking “section 2304(f)(1)” and inserting “section 3204(e)(1)”.
(13)Section 3307(e)(1) is amended by striking “chapter 140” and inserting “chapter 247”.
(14)Section 4104 is amended—(A) in subsection (a), by striking “sections 2304a to 2304d” and inserting “chapter 245”; and
(B)in subsection (b)—(i) in paragraph (1), by striking “sections 2304a to 2304d” and inserting “chapter 245”;
(ii)in paragraph (2)(B), by striking “section 2304c(b)” and inserting “section 3406(c)”; and
(iii)in paragraph (2)(C), by striking “section 2304c(c)” and inserting “section 3406(e)”.135 STAT. 2159
(i)Amendments to Laws Classified as Notes in [Title 41, United States Code](/us/usc/t41).—(1) Section 555 of the FAA Reauthorization Act of 2018 ([Public Law 115–254](/us/pl/115/254); [41 U.S.C. ](/us/usc/t41)preceding 3101 note) is amended by striking “section 2305” in subsections (a)(4) and (c)(1) and inserting “sections 3206 through 3208 and sections 3301 through 3309”.
(2)Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [41 U.S.C. 1901 note](/us/usc/t41/s1901)) is amended by striking “section 2304” and inserting “sections 3201 through 3205”.
(3)Section 811 of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [41 U.S.C. 3304 note](/us/usc/t41/s3304)) is amended—(A) in subsection (a)(3), by striking “sections 2304(f)(1)(C) and 2304(l)” and inserting “sections 3204(e)(1)(C) and 3204(f)”; and
(B)in subsection (c)—(i) in paragraph (1)(A), by striking “section 2304(f)(2)(D)(ii)” and inserting “section 3204(e)(4)(D)(ii)”;
(ii)in paragraph (2)(A), by striking “section 2302(1)” and inserting “section 3004”; and
(iii)in paragraph (3)(A), by striking “section 2304(f)(1)(B)” and inserting “section 3204(e)(1)(B)”.
(j)Amendments to Laws Classified in [Title 42, United States Code](/us/usc/t42).—(1) The Public Health Service Act ([Public Law 78–410](/us/pl/78/410)) is amended—(A) in section 301(a)(7) ([42 U.S.C. 241(a)(7)](/us/usc/t42/s241/a/7)), by striking “sections 2353 and 2354” and inserting “sections 3861 and 4141”; and
(B)in section 405(b)(1) ([42 U.S.C. 284(b)(1)](/us/usc/t42/s284/b/1)), by striking “section 2354” and inserting “section 3861”.
(2)Section 403(a) of the Housing Amendments of 1955 ([42 U.S.C. 1594(a)](/us/usc/t42/s1594/a)) is amended by striking “section 3 of the Armed Services Procurement Act of 1947” and inserting “chapters 221 and 241 of [title 10, United States Code](/us/usc/t10)”.
(3)Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 ([Public Law 99–160](/us/pl/99/160)), is amended by striking “section 2354” in the last proviso in the paragraph under the heading “National Science Foundation—Research and Related Activities” ([42 U.S.C. 1887](/us/usc/t42/s1887)) and inserting “section 3861”.
(4)Section 306(b)(2) of the Disaster Mitigation Act of 2000 ([42 U.S.C. 5206(b)(2)](/us/usc/t42/s5206/b/2)) is amended by striking “section 2393(c)” and inserting “section 4654(c)”.
(5)Section 801(c)(2) of the National Energy Conservation Policy Act ([42 U.S.C. 8287](/us/usc/t42/s8287)) is amended by striking “section 2304c(d)” and all that follows and inserting “[section 3406(d) of title 10, United States Code](/us/usc/t10/s3406/d), and [section 4106(d) of title 41, United States Code](/us/usc/t41/s4106/d).”.
(6)Section 3021(a) of the Energy Policy Act of 1992 ([42 U.S.C. 13556](/us/usc/t42/s13556)) is amended by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10, United States Code](/us/usc/t10/s3016))”.135 STAT. 2160
(k)Amendments to Laws Classified in [Title 50, United States Code](/us/usc/t50).—(1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ([Public Law 107–314](/us/pl/107/314); [50 U.S.C. 1521a(a)](/us/usc/t50/s1521a/a)) is amended by striking “section 2430” and inserting “section 4201”.
(2)Section 502(a) of the National Emergencies Act ([50 U.S.C. 1651(a)](/us/usc/t50/s1651/a)) is amended by striking paragraphs
(1)through
(5)and inserting the following:"“(1) Chapters 1 to 11 of [title 40, United States Code](/us/usc/t40), and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of [subtitle I of title 41, United States Code](/us/usc/t41/stI). “(2) Section 3727(a)–(e)(1) of [title 31, United States Code](/us/usc/t31). “(3) [Section 6305 of title 41, United States Code](/us/usc/t41/s6305). “(4) [Public Law 85–804](/us/pl/85/804) (Act of Aug. 28, 1958, [72 Stat. 972](/us/stat/72/972); [50 U.S.C. 1431 et seq.](/us/usc/t50/s1431/etseq)). “(5) [Section 3201(a) of title 10, United States Code](/us/usc/t10/s3201/a).” ".
(3)The Atomic Energy Defense Act is amended as follows:(A) Sections 4217 and 4311 ([50 U.S.C. 2537](/us/usc/t50/s2537), 2577) are each amended in subsection (a)(2) by striking “section 2432” and inserting “section 4351”.
(B)Section 4813 ([50 U.S.C. 2794](/us/usc/t50/s2794)) is amended by striking “section 2500” in subsection (c)(1)(C) and inserting “section 4801”.
(4)Section 107 of the Defense Production Act ([50 U.S.C. 4517](/us/usc/t50/s4517)) is amended in subsection (b)(2)(B) by striking clauses
(i)and
(ii)and inserting the following:"“(i) section 3203(a)(1)(B) or 3204(a)(3) of [title 10, United States Code](/us/usc/t10); “(ii) section 3303(a)(1)(B) or 3304(a)(3) of [title 41, United States Code](/us/usc/t41); or” ".
(l)Other Amendments.—(1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 ([7 U.S.C. 3319k](/us/usc/t7/s3319k)) is amended by striking “section 2371” in subsections (b)(6)(A) and (d)(1)(B) and inserting “section 4021”.
(2)[Section 1301 of title 17, United States Code](/us/usc/t17/s1301), is amended in subsection (a)(3) by striking “section 2320” and inserting “subchapter I of chapter 275”.
(3)Section 21 of the Arms Export Control Act ([22 U.S.C. 2761](/us/usc/t22/s2761)) is amended by striking “chapter 137” in subsection (l)(4) and subsection (m)(4) and inserting “chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10, United States Code](/us/usc/t10/s3016))”.
(4)Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 ([Public Law 101–533](/us/pl/101/533); [22 U.S.C. 3142](/us/usc/t22/s3142)) is amended in subsection (c)(2) by striking “section 2505” and inserting “section 4816”.
(5)[Section 3553 of title 31, United States Code](/us/usc/t31/s3553), is amended in subsection (d)(4)(B) by striking “section 2305(b)(5)(B)(vii)” and inserting “section 3304(c)(1)(G)”.
(6)Section 226 of the Water Resources Development Act of 1992 ([33 U.S.C. 569f](/us/usc/t33/s569f)) is amended by striking “section 2393(c)” and inserting “section 4654(c)”.
(7)[Section 40728B(e) of title 36, United States Code](/us/usc/t36/s40728B/e), is amended—135 STAT. 2161(A) striking “subsection
(k)of section 2304” and inserting “section 3201(e)”; and
(B)by striking “subsection
(c)of such section” and inserting “section 3204(a)”.
(8)Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 ([Public Law 108–136](/us/pl/108/136); [40 U.S.C. 1103 note](/us/usc/t40/s1103)) is amended by striking “sections 2304a and 2304b” and inserting “sections 3403 and 3405”.
(9)Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [40 U.S.C. 11103 note](/us/usc/t40/s11103)) is amended by striking “section 2366a(d)(7)” and inserting “section 4251(d)(5)”.
(10)Sections 50113(c), 50115(b), and 50132(a) of [title 51, United States Code](/us/usc/t51), are amended by striking “including chapters 137 and 140” and inserting “including applicable provisions of chapters 201 through 285, 341 through 343, and 363”.
(11)Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 ([Public Law 115–10](/us/pl/115/10); [51 U.S.C. ](/us/usc/t51)preceding 30301 note) is amended by striking “section 2319” and inserting “section 3243”. DIVISION B—Military Construction Authorization Act for Fiscal Year 2022.MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries. TITLE XXI— ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. SEC. 2001. SHORT TITLE. This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2022”. SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.(a) Expiration of Authorizations After Three Years.—Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—(1) October 1, 2024; or
(2)the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.
(b)Exception.—Subsection
(a)shall not apply to authorizations for military construction projects, land acquisition, family housing 135 STAT. 2162 projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—(1) October 1, 2024; or
(2)the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. SEC. 2003. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES TO TABLES OF SECTIONS, TABLES OF CONTENTS, AND SIMILAR TABULAR ENTRIES.(a) Effective Date.—Titles XXI through XXVII shall take effect on the later of—(1) October 1, 2021; or
(2)the date of the enactment of this Act.
(b)[10 USC 101 note](/us/usc/t10/s101),prec. 2801,prec. 2851,prec. 2871,prec. 8604.Elimination of Need for Certain Separate Conforming Amendments.—(1) Automatic execution of conforming changes.—When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.
(2)Exceptions.—Paragraph
(1)shall not apply to an amendment described in such paragraph when—(A) the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or
(B)the amendment otherwise expressly exempts itself from the operation of this section.
(3)Covered defense law.—In this subsection, the term “**covered defense law**” means—(A) titles 10, 32, and 37 of the United States Code;
(B)any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and
(C)any other law designated in the text thereof as a covered defense law for purposes of application of this section. TITLE XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing.135 STAT. 2163 Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authority to carry out certain fiscal year 2017 project. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out certain fiscal year 2021 project. Sec. 2107. Additional authorized funding source for certain fiscal year 2022 project. SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: **Army: Inside the United States** **State****Installation or Location****Amount** AlabamaAnniston Army Depot$25,000,000 Fort Rucker$66,000,000 Redstone Arsenal$55,000,000 CaliforniaFort Irwin$52,000,000 GeorgiaFort Stewart$105,000,000 HawaiiWest Loch Naval Magazine Annex$51,000,000 Wheeler Army Airfield$140,000,000 KansasFort Leavenworth$34,000,000 KentuckyFort Knox$27,000,000 LouisianaFort Polk$111,000,000 MarylandFort Detrick$23,981,000 Fort Meade$81,000,000 New MexicoWhite Sands Missile Range$29,000,000 New YorkFort Hamilton$26,000,000 Watervliet Arsenal$20,000,000 PennsylvaniaLetterkenny Army Depot$21,000,000 TexasFort Hood$130,000,000
(b)Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations outside the United States, and in the amounts, set forth in the following table: **Army: Outside the United States** **State****Installation****Amount** BelgiumShape Headquarters$16,000,000 GermanyEast Camp Grafenwoehr$103,000,000 Smith Barracks$33,500,000 Classified LocationClassified Location$31,000,000 SEC. 2102. FAMILY HOUSING.(a) Construction and Acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 135 STAT. 2164 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units or for the purpose, and in the amount set forth in the following table: **Army: Family Housing** **Country****Installation or Location****Units or Purpose****Amount** ItalyVicenzaFamily Housing New Construction$92,304,000
(b)Planning and Design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $22,545,000. SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b)Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by [section 2853 of title 10, United States Code](/us/usc/t10/s2853), and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017 PROJECT.(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 ([division B of Public Law 114–328](/us/pl/114/328/dB); [130 Stat. 2688](/us/stat/130/2688)), the authorization set forth in the table in subsection (b), as provided in section 2101 of that Act ([130 Stat. 2689](/us/stat/130/2689)), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
(b)Table.—The table referred to in subsection
(a)is as follows: 135 STAT. 2165 **Army: Extension of 2017 Project Authorization** **Country****Installation****Project****Original Authorized Amount** GermanyWiesbaden Army AirfieldHazardous Material Storage Building$2,700,000 SEC. 2105. ADDITIONAL AUTHORITY TO CARRY OUT FISCAL YEAR 2018 PROJECT AT FORT BLISS, TEXAS.(a) Project Authorization.—The Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000.
(b)Use of Amounts.—The Secretary of the Army may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 ([title I of division J of Public Law 115–141](/us/pl/115/141/dJ/tI); [132 Stat. 805](/us/stat/132/805)) for the Defense Access Road Program to carry out subsection (a). SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2021 PROJECT.(a) Modification of Project Authority.—In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)) for Fort Wainwright, Alaska, for construction of Unaccompanied Enlisted Personnel Housing, as specified in the funding table in section 4601 of such Public Law, the Secretary of the Army may construct—(1) an Unaccompanied Enlisted Personnel Housing building of 104,300 square feet to incorporate a modified standard design; and
(2)an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the Unaccompanied Enlisted Personnel Housing.
(b)Modification of Project Amounts.—(1) Division b table.—The authorization table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)) is amended in the item relating to Fort Wainwright, Alaska, by striking “$114,000,000” and inserting “$146,000,000” to reflect the project modification made by subsection (a).
(2)Division d table.—The funding table in [section 4601 of Public Law 116–283](/us/pl/116/283/s4601) is amended in the item relating to Fort Wainwright Unaccompanied Enlisted Personnel Housing by striking “$59,000” in the Conference Authorized column and inserting “$91,000” to reflect the project modification made by subsection (a). SEC. 2107. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN FISCAL YEAR 2022 PROJECT. To carry out an unspecified minor military construction project in the amount of $3,600,000 at Aberdeen Proving Ground, Maryland, to construct a 6,000 square foot recycling center to meet 135 STAT. 2166 the requirements of a qualified recycling program at the installation, the Secretary of the Army may use funds available to the Secretary under [section 2667(e)(1)(C) of title 10, United States Code](/us/usc/t10/s2667/e/1/C), in addition to funds appropriated for unspecified minor military construction for the project. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: **Navy: Inside the United States** **State****Installation or Location****Amount** ArizonaMarine Corps Air Station Yuma$29,300,000 CaliforniaMarine Corps Air Station Miramar$240,900,000 Marine Corps Base Camp Pendleton$106,100,000 Marine Corps Reserve Depot San Diego$93,700,000 Naval Base Coronado$63,600,000 Naval Base Ventura County$197,500,000 San Nicolas Island $19,907,000 FloridaMarine Corps Support Facility Blount Island$69,400,000 Naval Undersea Warfare Center Panama City Division$37,980,000 GuamAndersen Air Force Base$50,890,000 Joint Region Marianas$507,527,000 HawaiiMarine Corps Base Kaneohe$165,700,000 Marine Corps Training Area Bellows$6,220,000 North CarolinaMarine Corps Air Station Cherry Point$321,417,000 PennsylvaniaNaval Surface Warfare Center Philadelphia Division$77,290,000 South CarolinaMarine Corps Reserve Depot Parris Island$6,000,000 Marine Corps Air Station Beaufort$130,300,000 VirginiaMarine Corps Base Quantico$42,850,000 Naval Station Norfolk$344,793,000 Naval Weapons Station Yorktown$93,500,000 Portsmouth Naval Shipyard$156,380,000
(b)Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United 135 STAT. 2167 States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: **Navy: Outside the United States** **Country****Installation or Location****Amount** JapanFleet Activities Yokosuka$49,900,000 SpainNaval Station Rota$85,600,000 SEC. 2202. FAMILY HOUSING.(a) Construction and Acquisition.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units or for the purposes, and in the amounts set forth in the following table: **Navy: Family Housing** **Location****Installation****Units or Purpose****Amount** District of ColumbiaMarine Barracks WashingtonFamily housing improvements$10,415,000 JapanFleet Activities YokosukaFamily housing improvements$61,469,000
(b)Improvements to Military Family Housing Units.—Subject to [section 2825 of title 10, United States Code](/us/usc/t10/s2825), and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000.
(c)Planning and Design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,634,000. SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.135 STAT. 2168
(b)Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by [section 2853 of title 10, United States Code](/us/usc/t10/s2853), and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects. Sec. 2305. Modification of authority to carry out military construction projects at Tyndall Air Force Base, Florida. SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: **Air Force: Inside the United States** **State****Installation or Location****Amount** AlaskaEielson Air Force Base$44,850,000 Joint Base Elmendorf-Richardson$251,000,000 ArizonaDavis-Monthan Air Force Base$13,400,000 Luke Air Force Base$49,000,000 CaliforniaVandenberg Space Force Base$67,000,000 ColoradoSchriever Space Force Base$30,000,000 United States Air Force Academy$4,360,000 District of ColumbiaJoint Base Anacostia-Bolling$24,000,000 FloridaEglin Air Force Base$14,000,000 GuamJoint Region Marianas$85,000,000 LouisianaBarksdale Air Force Base$272,000,000 MarylandJoint Base Andrews$26,000,000 MassachusettsHanscom Air Force Base$66,000,000 NevadaCreech Air Force Base$14,200,000 OhioWright-Patterson Air Force Base$24,000,000 OklahomaTinker Air Force Base$160,000,000 South CarolinaJoint Base Charleston$59,000,000 South DakotaEllsworth Air Force Base$242,000,000 TennesseeArnold Air Force Base$14,600,000 TexasJoint Base San Antonio$141,000,000 Joint Base San Antonio-Fort Sam Houston$29,000,000 Joint Base San Antonio-Lackland$29,000,000 Sheppard Air Force Base$20,000,000 VirginiaJoint Base Langley-Eustis$24,000,000 135 STAT. 2169
(b)Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: **Air Force: Outside the United States** **Country****Installation or Location****Amount** AustraliaRoyal Australian Air Force Base Darwin$7,400,000 Royal Australian Air Force Base Tindal$14,400,000 ItalyAviano Air Force Base$10,200,000 JapanKadena Air Base$206,000,000 Misawa Air Base$25,000,000 Yokota Air Base$39,000,000 United KingdomRoyal Air Force Lakenheath$108,500,000 SEC. 2302. FAMILY HOUSING.(a) Improvements to Military Family Housing Units.—Subject to [section 2825 of title 10, United States Code](/us/usc/t10/s2825), and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,528,000.
(b)Planning and Design.—Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000. SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b)Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by [section 2853 of title 10, United States Code](/us/usc/t10/s2853), and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2017 PROJECTS.(a) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B 135 STAT. 2170 of [Public Law 114–328](/us/pl/114/328); [130 Stat. 2688](/us/stat/130/2688)), the authorizations set forth in the table in subsection (b), as provided in sections 2301 and 2902 of that Act ([130 Stat. 2696](/us/stat/130/2696), 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
(b)Table.—The table referred to in subsection
(a)is as follows: **Air Force: Extension of 2017 Project Authorizations** **State or Country****Installation or Location****Project****Original Authorized Amount** GermanyRamstein Air Base37 AS Squadron Operations/Aircraft Maintenance Unit$13,437,000 Spangdahlem Air BaseF/A-22 Low Observable/Composite Repair Facility$12,000,000 Spangdahlem Air BaseUpgrade Hardened Aircraft Shelters for F/A-22$2,700,000 GuamJoint Region MarianasAPR - Munitions Storage Igloos, Phase 2$35,300,000 Joint Region MarianasAPR - SATCOM C4I Facility$14,200,000 JapanKadena Air BaseAPR - Replace Munitions Structures$19,815,000 Yokota Air BaseC-130J Corrosion Control Hangar$23,777,000 Yokota Air BaseConstruct Combat Arms Training and Maintenance Facility$8,243,000 MassachusettsHanscom Air Force BaseVandenberg Gate Complex$10,965,000 United KingdomRoyal Air Force CroughtonMain Gate Complex$16,500,000 135 STAT. 2171 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE BASE, FLORIDA.(a) Fiscal Year 2018 Project.—In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 ([division B of Public Law 115–91](/us/pl/115/91/dB); [131 Stat. 1825](/us/stat/131/1825)) for Tyndall Air Force Base, Florida, for construction of a Fire Station, as specified in the funding table in section 4601 of that Public Law ([131 Stat. 2002](/us/stat/131/2002)), the Secretary of the Air Force may construct a crash rescue/structural fire station encompassing up to 3,588 square meters.
(b)Fiscal Year 2020 Projects.—In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 ([division B of Public Law 116–92](/us/pl/116/92/dB); [133 Stat. 1913](/us/stat/133/1913)) for Tyndall Air Force Base, Florida—(1) for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—(A) up to 3,698 lineal meters of waste water utilities;
(B)up to 6,306 lineal meters of storm water utilities; and
(C)two emergency power backup generators;
(2)for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—(A) up to 4,393 square meters of aircraft support equipment storage yard;
(B)up to 1,535 square meters of tactical missile maintenance facility; and
(C)up to 560 square meters of missile warhead assembly and maintenance shop and storage;
(3)for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—(A) up to 1,693 square meters of aircraft maintenance shop;
(B)up to 1,458 square meters of fuel systems maintenance dock; and
(C)up to 3,471 square meters of group headquarters;
(4)for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility;
(5)for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—(A) up to 557 square meters of base engineer storage shed 6000 area; and
(B)up to 183 square meters of non-Air Force administrative office;
(6)for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—135 STAT. 2172(A) up to 802 square meters of supply administrative headquarters;
(B)up to 528 square meters of vehicle wash rack; and
(C)up to 528 square meters of vehicle service rack;
(7)for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station;
(8)for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct—(A) up to 501 square meters of CE Mat Test Runway Support Building;
(B)up to 1,214 square meters of Robotics Range Control Support Building; and
(C)up to 953 square meters of fire garage;
(9)for construction of Flightline–Munitions Storage, 7000 Area, as specified in the funding table in [section 4603 of Public Law 116–92](/us/pl/116/92/s4603); [133 Stat. 2103](/us/stat/133/2103)), the Secretary of the Air Force may construct—(A) up to 1,861 square meters of above ground magazines; and
(B)up to 530 square meters of air support equipment shop/storage facility pad;
(10)for construction of Site Development, Utilities and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), the Secretary of the Air Force may construct—(A) up to 5,233 lineal meters of storm water utilities;
(B)up to 48,560 square meters of roads;
(C)up to 3,612 lineal meters of gas pipeline; and
(D)up to 993 square meters of water fire pumping station with an emergency backup generator;
(11)for construction of Tyndall AFB Gate Complexes, as specified in such funding table and modified by section 2306(a)(9) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), the Secretary of the Air Force may construct—(A) up to 52,694 square meters of roadway with serpentines; and
(B)up to 20 active/passive barriers;
(12)for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table and modified by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), the Secretary of the Air Force may construct up to 144 square meters of AAFES shoppette;
(13)for construction of Airfield Drainage, as specified in such funding table and modified by section 2306(a)(12) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), the Secretary of the Air Force may construct—(A) up to 37,357 meters of drainage ditch;
(B)up to 18,891 meters of storm drain piping;
(C)up to 19,131 meters of box culvert;135 STAT. 2173
(D)up to 3,704 meters of concrete block swale;
(E)up to 555 storm drain structures; and
(F)up to 81,500 square meters of storm drain ponds; and
(14)for construction of 325th Fighting Wing HQ Facility, as specified in such funding table and modified by section 2306(a)(13) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for SAPR/SARC. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension and modification of authority to carry out certain fiscal years 2017 and 2019 projects. SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:**Defense Agencies: Inside the United States** **State****Installation or Location ****Amount** AlabamaRedstone Arsenal$153,000,000 CaliforniaMarine Corps Base Camp Pendleton$13,600,000 Silver Strand Training Complex$33,700,000 ColoradoBuckley Air Force Base$20,000,000 GeorgiaFort Benning$62,000,000 HawaiiJoint Base Pearl Harbor-Hickam$29,800,000 MarylandFort Meade$1,201,000,000 New MexicoKirtland Air Force Base$8,600,000 VirginiaFort Belvoir$29,800,000 Humphries Engineer Center and Support Activity$36,000,000 Pentagon$50,543,000 WashingtonOak Harbor$59,000,000
(b)Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: 135 STAT. 2174 **Defense Agencies: Outside the United States** **Country****Installation or Location****Amount** GermanyRamstein Air Base$93,000,000 JapanKadena Air Base$24,000,000 Misawa Air Base$6,000,000 United KingdomRoyal Air Force Lakenheath$19,283,000 SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT PROGRAM PROJECTS.(a) Inside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under [chapter 173 of title 10, United States Code](/us/usc/t10/ch173), for the installations or locations inside the United States, and in the amounts, set forth in the following table: **ERCIP Projects: Inside the United States** **State****Installation or Location****Amount** AlabamaFort Rucker$24,000,000 CaliforniaMarine Corps Air Station Miramar$4,054,000 Naval Air Weapons Station China Lake-Ridgecrest$9,120,000 District of ColumbiaJoint Base Anacostia-Bolling$31,261,000 FloridaMacDill Air Force Base$22,000,000 GeorgiaFort Benning$17,593,000 Fort Stewart$22,000,000 Naval Submarine Base Kings Bay$19,314,000 GuamPolaris Point Submarine Base$38,300,000 IdahoMountain Home Air Force Base$33,800,000 MichiganCamp Grayling$5,700,000 MississippiCamp Shelby$45,655,000 New YorkFort Drum$27,000,000 North CarolinaFort Bragg$27,169,000 North DakotaCavalier Air Force Station$24,150,000 OhioSpringfield-Beckley Municipal Airport$4,700,000 Puerto RicoAguadilla$10,120,000 Fort Allen$12,190,000 TennesseeMemphis International Airport$4,780,000 VirginiaFort Belvoir$365,000 National Geospatial-Intelligence Agency Campus East$5,299,000 Pentagon, Mark Center, and Raven Rock Mountain Complex$2,600,000
(b)Outside the United States.—Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) 135 STAT. 2175 and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under [chapter 173 of title 10, United States Code](/us/usc/t10/ch173), for the installations or locations outside the United States, and in the amounts, set forth in the following table: **ERCIP Projects: Outside the United States** **Country****Installation or Location****Amount** JapanNaval Air Facility Atsugi$3,810,000 KuwaitCamp Arifjan$15,000,000 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
(b)Limitation on Total Cost of Construction Projects.—Notwithstanding the cost variations authorized by [section 2853 of title 10, United States Code](/us/usc/t10/s2853), and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. SEC. 2404. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEARS 2017 AND 2019 PROJECTS.(a) Extension of Fiscal Year 2017 Authorization.—(1) Extension.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 ([division B of Public Law 114–328](/us/pl/114/328/dB); [130 Stat. 2688](/us/stat/130/2688)), the authorization set forth in the table in paragraph (2), as provided in section 2401 of that Act ([130 Stat. 2700](/us/stat/130/2700)), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
(2)Table.—The table referred to in paragraph
(1)is as follows: **Defense Agencies: Extension of 2017 Project Authorization** **Country****Installation****Project****Original Authorized Amount** JapanYokota Air BaseHanger/AMU$39,466,000
(b)Modification of Fiscal Year 2019 Authorization.—In the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 ([division B of Public Law 115–232](/us/pl/115/232/dB); [133 Stat. 2250](/us/stat/133/2250)) for Kinnick High School in Yokosuka, Japan, as specified in the funding table in section 4601 of such Public Law ([133 Stat. 2407](/us/stat/133/2407)), 135 STAT. 2176 the Secretary of Defense may treat the high school and the field house as a single facility for the purposes of defining the scope of work for the project. TITLE XXV—INTERNATIONAL PROGRAMS Subtitle A— North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B— Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland funded construction projects. Subtitle A—North Atlantic Treaty Organization Security Investment Program SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in [section 2806 of title 10, United States Code](/us/usc/t10/s2806), in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under [section 2806 of title 10, United States Code](/us/usc/t10/s2806), for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. Subtitle B—Host Country In-Kind Contributions SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.(a) Authority to Accept Projects.—Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: 135 STAT. 2177 **Republic of Korea Funded Construction Projects** **Component****Installation or Location****Project****Amount** ArmyCamp HumphreysUnaccompanied Enlisted Personnel Housing$52,000,000 ArmyCamp HumphreysType I Aircraft Parking Apron and Parallel Taxiway$48,000,000 ArmyCamp HumphreysBlack Hat Intelligence Fusion Center$149,000,000 NavyMujukExpeditionary Dining Facility$10,200,000 Air ForceGimhae Air BaseRepair Contingency Hospital$75,000,000 Air ForceOsan Air BaseMunitions Storage Area Move Delta (Phase 2)$171,000,000
(b)Authorized Approach to Certain Construction Project.—Section 2350k of title 10,Applicability. United States Code, shall apply with respect to the construction of the Black Hat Intelligence Fusion Center at Camp Humphreys, Republic of Korea, as set forth in the table in subsection (a). SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS. Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: **Republic of Poland Funded Construction Projects** **Component****Installation or Location****Project****Amount** ArmyPoznanCommand and Control Facility$30,000,000 ArmyPoznanInformation Systems Facility$7,000,000 TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.135 STAT. 2178 Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: **Army National Guard** **State****Installation or Location****Amount** AlabamaRedstone Arsenal$17,000,000 ConnecticutArmy National Guard Readiness Center Putnam$17,500,000 GeorgiaFort Benning$13,200,000 GuamNational Guard Readiness Center Barrigada$34,000,000 IdahoJerome National Guard Armory$15,000,000 IllinoisNational Guard Armory Bloomington$15,000,000 KansasNickell Memorial Armory Topeka$16,732,000 LouisianaCamp Minden$13,800,000 Lake Charles National Guard Readiness Center$18,500,000 MaineSaco National Guard Readiness Center$21,200,000 MichiganCamp Grayling$16,000,000 MississippiCamp Shelby$15,500,000 MontanaButte Military Entrance Testing Site$16,000,000 NebraskaMead Army National Guard Readiness Center$11,000,000 North DakotaDickinson National Guard Armory$15,500,000 South DakotaSioux Falls National Guard Armory$15,000,000 Vermont Bennington National Guard Armory$16,900,000 Camp Ethan Allen Training Site$4,665,000 VirginiaNational Guard Armory Troutville$13,000,000 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: **Army Reserve** **State****Installation or Location****Amount** MichiganArmy Reserve Center Southfield$12,000,000 OhioWright-Patterson Air Force Base$19,000,000 WisconsinFort McCoy$70,600,000 135 STAT. 2179 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: **Navy Reserve and Marine Corps Reserve** **State****Installation or Location****Amount** MichiganNaval Operational Support Center Battle Creek$49,090,000 MinnesotaMinneapolis Air Reserve Station$14,350,000 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: **Air National Guard** **State****Installation or Location****Amount** AlabamaMontgomery Regional Airport$19,200,000 Sumpter Smith Air National Guard Base$7,500,000 ConnecticutBradley International Airport$17,000,000 DelawareNew Castle Air National Guard Base$17,500,000 IdahoGowen Field$6,500,000 IllinoisAbraham Lincoln Capital Airport$10,200,000 MassachusettsBarnes Air National Guard Base$12,200,000 MichiganAlpena County Regional Airport$23,000,000 Selfridge Air National Guard Base$28,000,000 W. K. Kellogg Regional Airport$10,000,000 MississippiJackson International Airport$9,300,000 New YorkFrancis S. Gabreski Airport$14,800,000 Schenectady Municipal Airport$10,800,000 OhioCamp Perry$7,800,000 South CarolinaMcEntire Joint National Guard Base$18,800,000 South DakotaJoe Foss Field$9,800,000 TexasKelly Field Annex$9,500,000 WashingtonCamp Murray Air National Guard Station$27,000,000 WisconsinTruax Field$44,200,000 WyomingCheyenne Municipal Airport$13,400,000 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS. Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard 135 STAT. 2180 and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations inside the United States, and in the amounts, set forth in the following table: **Air Force Reserve** **State****Installation****Amount** CaliforniaBeale Air Force Base$33,000,000 FloridaHomestead Air Force Reserve Base$14,000,000 Patrick Air Force Base$18,500,000 IndianaGrissom Air Reserve Base$29,000,000 MinnesotaMinneapolis-St. Paul International Airport$14,000,000 New YorkNiagara Falls Air Reserve Station$10,600,000 OhioYoungstown Air Reserve Station$8,700,000 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under [chapter 1803 of title 10, United States Code](/us/usc/t10/ch1803) (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure
(BRAC)round. Sec. 2703. Conditions on closure of certain portion of Pueblo Chemical Depot and Chemical Agent-Destruction Pilot Plant, Colorado. SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT. Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of [title XXIX of Public Law 101–510](/us/pl/101/510/tXXIX); [10 U.S.C. 2687 note](/us/usc/t10/s2687)) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 ([division B of Public Law 112–239](/us/pl/112/239/dB); [126 Stat. 2140](/us/stat/126/2140))), as specified in the funding table in section 4601. SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND CLOSURE
(BRAC)ROUND. Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure
(BRAC)round.135 STAT. 2181 SEC. 2703. CONDITIONS ON CLOSURE OF CERTAIN PORTION OF PUEBLO CHEMICAL DEPOT AND CHEMICAL AGENT-DESTRUCTION PILOT PLANT, COLORADO.(a) Definitions.—In this section:(1) Covered portion of pueblo chemical depot defined.—The term “**covered portion of Pueblo Chemical Depot**” means the portion of Pueblo Chemical Depot, Colorado, that has not been declared surplus before the date of the enactment of this Act.
(2)Local redevelopment authority.—The term “**Local Redevelopment Authority**” means the Local Redevelopment Authority for Pueblo Chemical Depot, as recognized by the Office of Local Defense Community Cooperation.
(b)Submission of Closure and Disposal Plans.—(1) Deadline.Plans required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives—(A) a plan for the closure of the covered portion of Pueblo Chemical Depot upon the completion of the chemical demilitarization mission of the Chemical Agent-Destruction Pilot Plant at Pueblo Chemical Depot; and
(B)a plan for the disposal of all remaining land, buildings, facilities, and equipment of the covered portion of Pueblo Chemical Depot.
(2)Local redevelopment authority role.—In preparing the disposal plan for the covered portion of Pueblo Chemical Depot required by paragraph (1)(B), the Secretary of the Army shall take into account the future role of the Local Redevelopment Authority.
(c)Local Redevelopment Authority Eligibility for Assistance.—The Secretary of Defense, acting through the Office of Local Defense Community Cooperation, may make grants, conclude cooperative agreements, and supplement other Federal funds in order to assist the Local Redevelopment Authority in planning community adjustments and economic diversification required by the closure of Pueblo Chemical Depot and the Chemical Agent-Destruction Pilot Plant if the Secretary determines that the closure is likely to have a direct and significantly adverse consequence on nearby communities.
(d)General Closure, Realignment, and Disposal Prohibition.—(1) Prohibition; certain recipient excepted.—During the period specified in paragraph (2), the Secretary of the Army shall take no action—(A) to close or realign the covered portion of Pueblo Chemical Depot or the Chemical Agent-Destruction Pilot Plant; or
(B)to dispose of any surplus land, building, facility, or equipment that comprises any portion of the Chemical Agent-Destruction Pilot Plant other than to the Local Redevelopment Authority.
(2)Applicability.Duration.—The prohibition imposed by paragraph
(1)shall apply until the date on which the Secretary of the Army makes a final closure and disposal decision for the covered portion of Pueblo Chemical Depot following the submission 135 STAT. 2182 of the closure and disposal plans for the covered portion of Pueblo Chemical Depot required by subsection (b).
(e)Prohibition on Demolition or Disposal Related to Chemical Agent-Destruction Pilot Plant.—(1) Prohibition; certain recipient excepted.—During the period specified in paragraph (4), the Secretary of the Army may not—(A) demolish any building, facility, or equipment described in paragraph
(2)that comprises any portion of the Chemical Agent-Destruction Pilot Plant; or
(B)dispose of any such building, facility, or equipment declared to be surplus other than to the Local Redevelopment Authority.
(2)Applicability.Covered buildings, facilities, and equipment.—The prohibition imposed by paragraph
(1)shall apply to the following:(A) Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit where chemical munitions were present, but where contamination did not occur, which are considered by the Secretary of the Army as clean, safe, and acceptable for reuse by the public, after a risk assessment by the Secretary.
(B)Any surplus building, facility, or equipment located outside of a Hazardous Waste Management Unit that was not contaminated by chemical munitions and that was without the potential to be contaminated, such as office buildings, parts warehouses, or utility infrastructure, which are considered by the Secretary of the Army as suitable for reuse by the public.
(3)Determination.Exception to prohibition.—The prohibition imposed by paragraph
(1)shall not apply to any building, facility, or equipment otherwise described in paragraph
(2)for which the Local Redevelopment Authority provides to the Secretary of the Army a written determination specifying that the building, facility, or equipment is not needed for community adjustment and economic diversification following the closure of the Chemical Agent-Destruction Pilot Plant.
(4)Applicability.Duration of prohibition.—The prohibition imposed by paragraph
(1)shall apply for a period of not less than two years beginning on the date o the enactment of this Act. TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A— Military Construction Program Changes Sec. 2801. Public availability of information on Facilities Sustainment, Restoration, and Modernization projects. Sec. 2802. Limitations on authorized cost and scope of work variations. Sec. 2803. Department of Defense stormwater management projects for military installations and defense access roads. Sec. 2804. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Sec. 2805. Flood risk management for military construction. Sec. 2806. Modification and extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.135 STAT. 2183 Subtitle B— Continuation of Military Housing Reforms Sec. 2811. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2812. Applicability of window fall prevention requirements to all military family housing whether privatized or Government-owned and Government-controlled. Sec. 2813. Applicability of disability laws to privatized military housing units and clarification of prohibition against collection from tenants of amounts in addition to rent. Sec. 2814. Required investments in improving military unaccompanied housing. Sec. 2815. Improvement of security of lodging and living spaces on military installations. Sec. 2816. Improvement of Department of Defense child development centers and increased availability of child care for children of military personnel. Subtitle C— Real Property and Facilities Administration Sec. 2821. Secretary of the Navy authority to support development and operation of National Museum of the United States Navy. Sec. 2822. Expansion of Secretary of the Navy authority to lease and license United States Navy museum facilities to generate revenue to support museum administration and operations. Subtitle D— Military Facilities Master Plan Requirements Sec. 2831. Cooperation with State and local governments in development of master plans for major military installations. Sec. 2832. Additional changes to requirements regarding master plans for major military installations. Sec. 2833. Prompt completion of military installation resilience component of master plans for at-risk major military installations. Sec. 2834. Master plans and investment strategies for Army ammunition plants guiding future infrastructure, facility, and production equipment improvements. Subtitle E— Matters Related to Unified Facilities Criteria and Military Construction Planning and Design Sec. 2841. Amendment of Unified Facilities Criteria to require inclusion of private nursing and lactation space in certain military construction projects. Sec. 2842. Revisions to Unified Facilities Criteria regarding use of variable refrigerant flow systems. Sec. 2843. Amendment of Unified Facilities Criteria to promote energy efficient military installations. Sec. 2844. Additional Department of Defense activities to improve energy resiliency of military installations. Subtitle F— Land Conveyances Sec. 2851. Modification of restrictions on use of former Navy property conveyed to University of California, San Diego, California. Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts. Sec. 2853. Land conveyance, Saint Joseph, Missouri. Sec. 2854. Land conveyance, Department of Defense excess property, St. Louis, Missouri. Sec. 2855. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2856. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to City of Virginia Beach, Virginia. Sec. 2857. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia, to School Board of City of Virginia Beach, Virginia. Subtitle G— Authorized Pilot Programs Sec. 2861. Pilot program on increased use of sustainable building materials in military construction. Sec. 2862. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. Subtitle H— Asia-Pacific and Indo-Pacific Issues Sec. 2871. Improved oversight of certain infrastructure services provided by Naval Facilities Engineering Systems Command Pacific. Sec. 2872. Annual congressional briefing on renewal of Department of Defense easements and leases of land in Hawai‘i.135 STAT. 2184 Sec. 2873. Hawai‘i Military Land Use Master Plan. Subtitle I— One-Time Reports and Other Matters Sec. 2881. Clarification of installation and maintenance requirements regarding fire extinguishers in Department of Defense facilities. Sec. 2882. GAO review and report of military construction contracting at military installations inside the United States. Subtitle A—Military Construction Program Changes SEC. 2801. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES SUSTAINMENT, RESTORATION, AND MODERNIZATION PROJECTS.(a) Inclusion of Information on Required Internet Site.—[Section 2851(c)(1) of title 10, United States Code](/us/usc/t10/s2851/c/1), is amended—(1) by redesignating subparagraph
(E)as subparagraph (F);
(2)by adding after subparagraph
(D)the following new subparagraph (E):"“(E) Each military department project with a total cost in excess of $15,000,000 for Facilities Sustainment, Restoration, and Modernization.” "; and
(3)in subparagraph (F), as so redesignated, by inserting after “construction project” the following: “, military department Facilities Sustainment, Restoration, and Modernization project,”.
(b)Application of Amendments.—Subparagraph
(E)of section 2851(c)(1) Contracts.Effective date.[10 USC 2851 note](/us/usc/t10/s2851).of [title 10, United States Code](/us/usc/t10), as added by subsection (a)(2), and subparagraph
(F)of such section, as amended by subsection (a)(3), shall apply with respect to a military department Facilities Sustainment, Restoration, and Modernization project described in such subparagraphs for which an award of a contract or delivery order for the project is made on or after June 1, 2022. SEC. 2802. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK VARIATIONS.(a) Process for Approving Certain Exceptions; Limitations.—Subsections
(c)and
(d)of [section 2853 of title 10, United States Code](/us/usc/t10/s2853), are amended to read as follows:"“(c) Waivers.Notifications.Exceptions to Limitation on Cost Variations and Scope of Work Reductions.—(1)(A) Except as provided in subparagraph (D), the Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection
(a)and approve an increase in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost increase in the manner provided in this paragraph. “(B) The notification required by subparagraph
(A)shall—“(i) identify the amount of the cost increase and the reasons for the increase; “(ii) Certification.certify that the cost increase is sufficient to meet the mission requirement identified in the justification data provided to Congress as part of the request for authorization of the project; and135 STAT. 2185 “(iii) describe the funds proposed to be used to finance the cost increase. “(C) Effective date.Time period.A waiver and approval by the Secretary concerned under subparagraph
(A)shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. “(D) The Secretary concerned may not use the authority provided by subparagraph (A)—“(i) to waive the cost limitation applicable to a military construction project with a total authorized cost greater than $500,000,000 or a military family housing project with a total authorized cost greater than $500,000,000; and “(ii) to approve an increase in the cost authorized for the project that would increase the project cost by more than 50 percent of the total authorized cost of the project. “(E) Applicability.In addition to the notification required by this paragraph, subsection
(f)applies whenever a military construction project or military family housing project with a total authorized cost greater than $40,000,000 will have a cost increase of 25 percent or more. Subsection
(f)may not be construed to authorize a cost increase in excess of the limitation imposed by subparagraph (D). “(2)(A) Deadline.The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection
(a)and approve a decrease in the cost authorized for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the cost decrease not later than 14 days after the date funds are obligated in connection with the project. “(B) The notification required by subparagraph
(A)shall be provided in an electronic medium pursuant to section 480 of this title. “(3)(A) The Secretary concerned may waive the limitation on a reduction in the scope of work applicable to a military construction project or a military family housing project under subsection (b)(1) and approve a scope of work reduction for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this paragraph. “(B) The notification required by subparagraph
(A)shall—“(i) describe the reduction in the scope of work and the reasons for the decrease; and “(ii) Certification.certify that the mission requirement identified in the justification data provided to Congress can still be met with the reduced scope. “(C) Effective date.Time period.A waiver and approval by the Secretary concerned under subparagraph
(A)shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such subparagraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. “(d) Exceptions to Limitation on Scope of Work Increases.—(1) ExceptWaiver authority. as provided in paragraph (4), the Secretary concerned may waive the limitation on an increase in the scope of work applicable to a military construction project or a military 135 STAT. 2186 family housing project under subsection (b)(1) and approve an increase in the scope of work for the project in excess of that limitation if the Secretary concerned notifies the appropriate committees of Congress of the reduction in the manner provided in this subsection. “(2) The notification required by paragraph
(1)shall describe the increase in the scope of work and the reasons for the increase. “(3) Effective date.Time period.A waiver and approval by the Secretary concerned under paragraph
(1)shall take effect only after the end of the 14-day period beginning on the date on which the notification required by such paragraph is received by the appropriate committees of Congress in an electronic medium pursuant to section 480 of this title. “(4) The Secretary concerned may not use the authority provided by paragraph
(1)to waive the limitation on an increase in the scope of work applicable to a military construction project or a military family housing project and approve an increase in the scope of work for the project that would increase the scope of work by more than 10 percent of the amount specified for the project in the justification data provided to Congress as part of the request for authorization of the project.” ".
(b)Conforming Amendment Related to Calculating Limitation on Cost Variations.—[Section 2853(a) of title 10, United States Code](/us/usc/t10/s2853/a), is amended by striking “the amount appropriated for such project” and inserting “the total authorized cost of the project”
(c)Clerical Amendments.—[Section 2853 of title 10, United States Code](/us/usc/t10/s2853), is further amended—(1) in subsection (a), by inserting “Cost Variations Authorized; Limitation.—” after the enumerator “(a)”;
(2)in subsection (b), by inserting “Scope of Work Variations Authorized; Limitation.—” after the enumerator “(b)”;
(3)in subsection (e), by inserting “Additional Cost Variation Exceptions.—” after the enumerator “(e)”;
(4)in subsection (f), by inserting “Additional Reporting Requirement for Certain Cost Increases.—” after the enumerator “(f)”; and
(5)in subsection (g), by inserting “Relation to Other Law.—” after the enumerator “(g)”. SEC. 2803. DEPARTMENT OF DEFENSE STORMWATER MANAGEMENT PROJECTS FOR MILITARY INSTALLATIONS AND DEFENSE ACCESS ROADS. [Chapter 169 of title 10, United States Code](/us/usc/t10/ch169),10 USCprec. 2801. is amended by inserting after section 2815 the following new section:"“§ 2815a.[10 USC 2815a](/us/usc/t10/s2815a). Stormwater management projects for installation and defense access road resilience and waterway and ecosystems conservation“(a) Projects Authorized.—The Secretary concerned may carry out a stormwater management project on or related to a military installation for the purpose of—“(1) improving military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting the military installation; and “(2) protecting nearby waterways and stormwater-stressed ecosystems.135 STAT. 2187 “(b) Project Methods and Funding Sources.—Using such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may carry out a stormwater management project under this section as, or as part of, any of the following:“(1) An authorized military construction project. “(2) An unspecified minor military construction project under section 2805 of this title, including using appropriations available for operation and maintenance subject to the limitation in subsection
(c)of such section. “(3) A military installation resilience project under section 2815 of this title, including the use of appropriations available for operations and maintenance subject to the limitation of subsection (e)(3) of such section. “(4) A defense community infrastructure resilience project under section 2391(d) of this title. “(5) A construction project under section 2914 of this title. “(6) A reserve component facility project under section 18233 of this title. “(7) A defense access road project under section 210 of title 23. “(c) Project Priorities.—In selecting stormwater management projects to be carried out under this section, the Secretary concerned shall give a priority to project proposals involving the retrofitting of buildings and grounds on a military installation or retrofitting a defense access road to reduce stormwater runoff and ponding or standing water that includes the combination of stormwater runoff and water levels resulting from extreme weather conditions. “(d) Project Activities.—Activities carried out as part of a stormwater management project under this section may include, but are not limited to, the following:“(1) The installation, expansion, or refurbishment of stormwater ponds and other water-slowing and retention measures. “(2) The installation of permeable pavement in lieu of, or to replace existing, nonpermeable pavement. “(3) The use of planters, tree boxes, cisterns, and rain gardens to reduce stormwater runoff. “(e) Project Coordination.—In the case of a stormwater management project carried out under this section on or related to a military installation and any project related to the same installation carried out under section 2391(d), 2815, or 2914 of this title, the Secretary concerned shall ensure coordination between the projects regarding the water access, management, conservation, security, and resilience aspects of the projects. “(f) Annual Report.—(1) Not later than 90 days after the end of each fiscal year, each Secretary concerned shall submit to the congressional defense committees a report describing—“(A) the status of planned and active stormwater management projects carried out by that Secretary under this section; and “(B) all projects completed by the Secretary concerned during the previous fiscal year. “(2) Each report shall include the following information with respect to each stormwater management project described in the report:135 STAT. 2188“(A) Cost estimates.The title, location, a brief description of the scope of work, the original project cost estimate, and the current working cost estimate. “(B) The rationale for how the project will—“(i) improve military installation resilience or the resilience of a defense access road or other essential civilian infrastructure supporting a military installation; and “(ii) protect waterways and stormwater-stressed ecosystems. “(C) Such other information as the Secretary concerned considers appropriate. “(g) Definitions.—In this section:“(1) The term ‘**defense access road**’ means a road certified to the Secretary of Transportation as important to the national defense under the provisions of section 210 of title 23. “(2) The terms ‘facility’ and ‘State’ have the meanings given those terms in section 18232 of this title. “(3) The term ‘**military installation**’ includes a facility of a reserve component owned by a State rather than the United States. “(4) The term ‘**military installation resilience**’ has the meaning given that term in section 101(e)(8) of this title. “(5) The term ‘**Secretary concerned**’ means—“(A) the Secretary of a military department with respect to military installations under the jurisdiction of that Secretary; and “(B) the Secretary of Defense with respect to matters concerning the Defense Agencies and facilities of a reserve component owned by a State rather than the United States.” ". SEC. 2804. USE OF AMOUNTS AVAILABLE FOR OPERATION AND MAINTENANCE IN CARRYING OUT MILITARY CONSTRUCTION PROJECTS FOR ENERGY RESILIENCE, ENERGY SECURITY, OR ENERGY CONSERVATION. [Section 2914 of title 10, United States Code](/us/usc/t10/s2914), is amended—(1) by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; and
(2)by inserting after subsection
(b)the following new subsection (c):"“(c) Alternative Funding Source.—(1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification—“(A) the current estimate of the cost of the project; “(B) the source of funds for the project; and “(C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions.135 STAT. 2189 “(2) A project carried out under this section using amounts under paragraph
(1)may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph
(1)is provided in an electronic medium pursuant to section 480 of this title. “(3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000.” ". SEC. 2805. FLOOD RISK MANAGEMENT FOR MILITARY CONSTRUCTION.(a) Further Modification of Department of Defense Form 1391.—Section 2805(a)(1) of the Military Construction Authorization Act for Fiscal Year 2019 ([division B of Public Law 115–232](/us/pl/115/232/dB); [132 Stat. 2262](/us/stat/132/2262); [10 U.S.C. 2802 note](/us/usc/t10/s2802)) is amended—(1) in subparagraph (A), by inserting “or a 500-year floodplain if outside a 100-year floodplain” after “100-year floodplain”; and
(2)in subparagraph (B), by striking “100-year floodplain” and inserting “floodplain described in subparagraph (A)”.
(b)Reporting Requirements.—Section 2805(a)(3) of the Military Construction Authorization Act for Fiscal Year 2019 ([division B of Public Law 115–232](/us/pl/115/232/dB); [132 Stat. 2262](/us/stat/132/2262); [10 U.S.C. 2802 note](/us/usc/t10/s2802)) is amended—(1) in subparagraph (A), by inserting before the period at the end the following: “using hydrologic, hydraulic, and hydrodynamic data, methods, and analysis that integrate current and projected changes in flooding based on climate science over the anticipated service life of the facility and future forecasted land use changes”; and
(2)in subparagraph (D), by inserting after “future” the following: “flood risk and”.
(c)Mitigation Plan Assumptions.—Section 2805(a)(4) of the Military Construction Authorization Act for Fiscal Year 2019 ([division B of Public Law 115–232](/us/pl/115/232/dB); [132 Stat. 2262](/us/stat/132/2262); [10 U.S.C. 2802 note](/us/usc/t10/s2802)) is amended—(1) in subparagraphs
(A)and (B), by striking “buildings” and inserting “facilities”; and
(2)in subparagraph (C), by inserting after “future” the following: “flood risk and”.
(d)[10 USC 2802 note](/us/usc/t10/s2802).Conforming Amendment of Unified Facilities Criteria.—(1) Amendment required.—Not later than September 1, 2022, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the minimum flood mitigation requirements of section 2805(a) of the Military Construction Authorization Act for Fiscal Year 2019 ([division B of Public Law 115–232](/us/pl/115/232/dB); [132 Stat. 2262](/us/stat/132/2262); [10 U.S.C. 2802 note](/us/usc/t10/s2802)), as amended by this section.
(2)Implementation of unified facilities criteria amendments.—(A) Compliance.Implementation.—Any Department of Defense Form 1391 submitted to Congress after September 1, 2022, shall comply with the Unified Facilities Criteria, as amended pursuant to paragraph (1).135 STAT. 2190
(B)Deadline.Certification.—Not later than March 1, 2023, the Secretary of Defense shall certify to the Committees on Armed Services of the House of Representatives and the Senate the completion of the amendment process required by paragraph
(1)and the full incorporation of the amendments into military construction planning and design. SEC. 2806. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN AREAS OUTSIDE THE UNITED STATES.(a) Two-year Extension of Authority.—Subsection
(h)of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 ([division B of Public Law 108–136](/us/pl/108/136/dB); [117 Stat. 1723](/us/stat/117/1723)), as most recently amended by section 2806(a) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), is further amended—(1) in paragraph (1), by striking “December 31, 2021” and inserting “December 31, 2023”; and
(2)paragraph (2), by striking “fiscal year 2022” and inserting “fiscal year 2024”.
(b)Continuation of Limitation on Use of Authority.—Subsection (c)(1) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 ([division B of Public Law 108–136](/us/pl/108/136/dB); [117 Stat. 1723](/us/stat/117/1723)), as most recently amended by subsections
(b)and
(c)of section 2806 of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), is further amended—(1) by striking subparagraphs
(A)and (B);
(2)by redesignating subparagraph
(C)as subparagraph (A); and
(3)by adding at the end the following new subparagraphs:"“(B) The period beginning October 1, 2021, and ending on the earlier of December 31, 2022, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2023. “(C) The period beginning October 1, 2022, and ending on the earlier of December 31, 2023, or the date of the enactment of an Act authorizing funds for military activities of the Department of Defense for fiscal year 2024.” ".
(c)Establishment of Project Monetary Limitation.—Subsection
(c)of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 ([division B of Public Law 108–136](/us/pl/108/136/dB); [117 Stat. 1723](/us/stat/117/1723)) is amended by adding at the end the following new paragraph:"“(3) The total amount of operation and maintenance funds used for a single construction project carried out under the authority of this section shall not exceed $15,000,000.Waiver authority. The Secretary of Defense may waive this limitation on a project-by-project basis. This waiver authority may not be delegated.” ".
(d)Modification of Notice and Wait Requirement.—Subsection
(b)of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 ([division B of Public Law 108–136](/us/pl/108/136/dB); [117 Stat. 1723](/us/stat/117/1723)) is amended—(1) by striking “10-day period” and inserting “14-day period”; and135 STAT. 2191
(2)by striking “or, if earlier, the end of the 7-day period beginning on the date on which” and inserting “, including when”. Subtitle B—Continuation of Military Housing Reforms SEC. 2811. MODIFICATION OF CALCULATION OF MILITARY HOUSING CONTRACTOR PAY FOR PRIVATIZED MILITARY HOUSING. Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ([Public Law 115–232](/us/pl/115/232); [10 U.S.C. 2871 note](/us/usc/t10/s2871)), as amended by section 3036 of the Military Construction Authorization Act for Fiscal Year 2020 ([division B of Public Law 116–92](/us/pl/116/92/dB); [133 Stat. 1938](/us/stat/133/1938)) and section 2811(i) of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)), is further amended—(1) in paragraph (1)(B)—(A) by striking “2.5 percent” and inserting “50 percent”; and
(B)by striking “section 403(b)(3)(A)(i)” and inserting “section 403(b)(3)(A)(ii)”; and
(2)in paragraph (2)(B)—(A) by striking “2.5 percent” and inserting “50 percent”; and
(B)by striking “section 403(b)(3)(A)(i)” and inserting “section 403(b)(3)(A)(ii)”. SEC. 2812. APPLICABILITY OF WINDOW FALL PREVENTION REQUIREMENTS TO ALL MILITARY FAMILY HOUSING WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND GOVERNMENT-CONTROLLED.(a) [10 USC ](/us/usc/t10)prec. 2851,prec. 2871.Transfer of Window Fall Prevention Section to Military Family Housing Administration Subchapter.—[Section 2879 of title 10, United States Code](/us/usc/t10/s2879)—(1) is transferred to appear after section 2856 of such title; and
(2)is redesignated as section 2857.
(b)Applicability of Section to All Military Family Housing.—[Section 2857 of title 10, United States Code](/us/usc/t10/s2857), as transferred and redesignated by subsection (a), is amended—(1) in subsection (a)(1), by striking “acquired or constructed under this chapter”;
(2)in subsection (b)(1), by striking “acquired or constructed under this chapter”; and
(3)by adding at the end the following new subsection:"“(e) Applicability to All Military Family Housing.—This section applies to military family housing under the jurisdiction of the Department of Defense and military family housing acquired or constructed under subchapter IV of this chapter.” ".
(c)Implementation Plan.—In the report required to be submitted in 2022 pursuant to subsection
(d)of [section 2857 of title 10, United States Code](/us/usc/t10/s2857), as transferred and redesignated by subsection
(a)and amended by subsection (b), the Secretary of Defense shall include a plan for implementation of the fall protection devices described in subsection (a)(3) of such section as required by such section.135 STAT. 2192
(d)Limitation on Use of Funds Pending Submission of Overdue Report.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the Office of the Assistant Secretary of Defense for Energy, Installations, and Environment, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense certifies to the congressional defense committees that—(1) the independent assessment required by section 2817(b) of the Military Construction Authorization Act of 2018 ([division B of Public Law 115–91](/us/pl/115/91/dB); [131 Stat. 1852](/us/stat/131/1852)) has been initiated; and
(2)the Secretary expects the report containing the results of the assessment to be submitted to the congressional defense committees by February 1, 2023. SEC. 2813. APPLICABILITY OF DISABILITY LAWS TO PRIVATIZED MILITARY HOUSING UNITS AND CLARIFICATION OF PROHIBITION AGAINST COLLECTION FROM TENANTS OF AMOUNTS IN ADDITION TO RENT.(a) Applicability of Disability Laws.—[Section 2891 of title 10, United States Code](/us/usc/t10/s2891), is amended—(1) by redesignating subsection
(g)as subsection (h); and
(2)by inserting after subsection
(f)the following new subsection (g):"“(g) Applicability of Disability Laws.—For purposes of this subchapter and subchapter IV of this chapter, housing units shall be considered as military family housing for purposes of application of Department of Defense policy implementing section 804 of the Fair Housing Act ([42 U.S.C. 3604](/us/usc/t42/s3604)) and title III of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12181 et seq.](/us/usc/t42/s12181/etseq)).” ".
(b)Clarification of Prohibition.—(1) Treatment of reasonable modification and accommodation requirements.—[Section 2891a(e) of title 10, United States Code](/us/usc/t10/s2891a/e), is amended by adding at the end the following new paragraph:"“(3)(A) Compliance.Costs incurred to reasonably modify or upgrade a housing unit to comply with standards addressing discrimination against an individual with a disability established pursuant to the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101 et seq.](/us/usc/t42/s12101/etseq)), or to meet the reasonable modification and accommodation requirements of section 804 of the Fair Housing Act ([42 U.S.C. 3604](/us/usc/t42/s3604)) and in order to facilitate occupancy of a housing unit by an individual with a disability, may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph
(1)against collection from tenants of housing units of amounts in addition to rent. “(B) In subparagraph (A), the term ‘**disability**’ has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12102](/us/usc/t42/s12102)).” ".
(2)[10 USC 2891a note](/us/usc/t10/s2891a).Applicability of requirements.—Subsection (e)(3) of [section 2891a of title 10, United States Code](/us/usc/t10/s2891a), as added by paragraph (1), shall apply to contracts described in subsection
(a)of such section entered into on or after the date of the enactment of this Act.135 STAT. 2193 SEC. 2814. REQUIRED INVESTMENTS IN IMPROVING MILITARY UNACCOMPANIED HOUSING.(a) Investments in Military Unaccompanied Housing.—Of the total amount authorized to be appropriated by the National Defense Authorization Act for a covered fiscal year for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve an amount equal to five percent of the estimated replacement cost of the total inventory of unaccompanied housing under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of military unaccompanied housing.
(b)Definitions.—In this section:(1) The term “**military unaccompanied housing**” means military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents.
(2)The term “**replacement cost**”, with respect to military unaccompanied housing, means the amount that would be required to replace the remaining service potential of that military unaccompanied housing.
(c)Applicability.Duration of Investment Requirement.—The requirement in subsection
(a)shall apply for fiscal years 2022 through 2026. SEC. 2815. [10 USC note](/us/usc/t10)prec. 2851.IMPROVEMENT OF SECURITY OF LODGING AND LIVING SPACES ON MILITARY INSTALLATIONS.(a) Deadline.Assessment.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying—(1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing;
(2)areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and
(3)other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault.
(b)Deadline.Emergency Repairs.—The Secretary of Defense shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection
(a)not later than 30 days after discovering the issue.
(c)Report.—(1) In general.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a).
(2)Elements.—The report under paragraph
(1)shall include—(A) Cost estimate.a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and
(B)Schedule.an estimated schedule for making such improvements.135 STAT. 2194 SEC. 2816. [10 USC 1791 note](/us/usc/t10/s1791).IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD DEVELOPMENT CENTERS AND INCREASED AVAILABILITY OF CHILD CARE FOR CHILDREN OF MILITARY PERSONNEL.(a) Safety Inspection of Child Development Centers.—Not later than one yearDeadline. after the date of the enactment of this Act, each Secretary of a military department shall complete an inspection of all facilities under the jurisdiction of that Secretary used as a child development center to identify any unresolved safety issues, including lead, asbestos, and mold, that adversely impact the facilities.
(b)Briefing on Results of Safety Inspections and Remediation Plans.—(1) Deadline.Briefing required.—Not later than March 1, 2022, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the safety inspections conducted of child development centers under the jurisdiction of that Secretary.
(2)Lists.Required elements of briefing.—In the briefing required by paragraph (1), the Secretary of a military department shall provide the following:(A) A list of any child development centers under the jurisdiction of that Secretary considered to be in poor or failing condition. In the case of each child development center included on this list, the Secretary shall provide a remediation plan for the child development center, which shall include the following elements:(i) Funding estimate.An estimate of the funding required to complete the remediation plan.
(ii)Strategy.The Secretary’s funding strategy to complete the remediation plan.
(iii)Any additional statutory authorities the Secretary needs to complete the remediation plan
(B)Time period.A list of life-threatening and non-life-threatening violations during the previous three years recorded at child development centers under the jurisdiction of that Secretary that are not included on the list required by subparagraph (A), which shall include the name of the installation where the violation occurred and date of inspection.
(C)A list of what that Secretary considers a life-threatening and non-life-threatening violation, including with regard to the presence of lead, asbestos, and mold.
(D)Time period.A list of how often the 90-day remediation requirement has been waived and the name of each child development center under the jurisdiction of that Secretary at which a waiver was granted.
(E)Time period.Data on child development center closures under the jurisdiction of that Secretary due to a non-life-threatening violation not remedied within 90 days.
(F)An additional plan to conduct preventive maintenance on other child development centers under the jurisdiction of that Secretary to prevent additional child development centers from degrading to poor or failing condition.
(c)Partnerships Encouraged for Child Care for Children of Military Personnel.—Beginning one yearEffective date. after the date of the enactment of this Act, and pursuant to such regulations as 135 STAT. 2195 the Secretary of Defense may prescribe, each Secretary of a military department is encouraged to enter into agreements with public and private entities to provide child care to the children of personnel (including members of the Armed Forces and civilian employees of the Department of Defense) under the jurisdiction of that Secretary.
(d)Deadline.Briefing.Annual Status Updates.—Not later than 18 months after the date of the enactment of this Act, and every 12 months thereafter, each Secretary of a military department shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress made by that Secretary—(1) in implementing the child development center remediation plans required by subsection (b)(2)(A) for child development centers under the jurisdiction of that Secretary considered to be in “poor” or “failing” condition, including details about projects planned, funded, under construction, and completed under the plans;
(2)in conducting preventive maintenance on other child development centers under the jurisdiction of that Secretary pursuant to the preventive maintenance plan required by subsection (b)(2)(F); and
(3)in entering into partnerships encouraged by subsection (c), including with regard to each partnership—(A) the terms of the agreement, including cost to the United States;
(B)the number of children described in such subparagraph projected to receive child care under the partnership; and
(C)if applicable, the actual number of such children who received child care under the partnership during the previous year.
(e)Child Development Center Defined.—In this section, the term “**child development center**” has the meaning given that term in [section 2871(2) of title 10, United States Code](/us/usc/t10/s2871/2), and includes facilities identified as a child care center or day care center. Subtitle C—Real Property and Facilities Administration SEC. 2821. SECRETARY OF THE NAVY AUTHORITY TO SUPPORT DEVELOPMENT AND OPERATION OF NATIONAL MUSEUM OF THE UNITED STATES NAVY. [Chapter 861 of title 10, United States Code](/us/usc/t10/ch861),[10 USC ](/us/usc/t10)prec. 8604. is amended by inserting after section 8616 the following new section:"“§ 8617.[10 USC 8617](/us/usc/t10/s8617). National Museum of the United States Navy“(a) Authority to Support Development and Operation of Museum.—(1) The Secretary of the Navy may select and enter into a contract, cooperative agreement, or other agreement with one or more eligible nonprofit organizations to support the development, design, construction, renovation, or operation of a multipurpose museum to serve as the National Museum of the United States Navy. “(2) The Secretary may—135 STAT. 2196“(A) authorize a partner organization to contract for each phase of development, design, construction, renovation, or operation of the museum, or all such phases; or “(B) authorize acceptance of funds from a partner organization for each or all such phases. “(b) Purposes of Museum.—(1) The museum shall be used for the identification, curation, storage, and public viewing of artifacts and artwork of significance to the Navy, as agreed to by the Secretary of the Navy. “(2) The museum also may be used to support such education, training, research, and associated activities as the Secretary considers compatible with and in support of the museum and the mission of the Naval History and Heritage Command. “(c) Determination.Acceptance Upon Completion.—Upon the satisfactory completion, as determined by the Secretary of the Navy, of any phase of the museum, and upon the satisfaction of any financial obligations incident thereto, the Secretary shall accept such phase of the museum from the partner organization, and all right, title, and interest in and to such phase of the museum shall vest in the United States. Upon becoming the property of the United States, the Secretary shall assume administrative jurisdiction over such phase of the museum. “(d) Lease Authority.—(1) The Secretary of the Navy may lease portions of the museum to an eligible nonprofit organization for use in generating revenue for the support of activities of the museum and for such administrative purposes as may be necessary for support of the museum. Such a lease may not include any part of the collection of the museum. “(2) Any rent received by the Secretary under a lease under paragraph (1), including rent-in-kind, shall be used solely to cover or defray the costs of development, maintenance, or operation of the museum. “(e) Authority to Accept Gifts.—(1) The Secretary of the Navy may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest be used for the benefit, or in connection with, the establishment, operation, or maintenance, of the museum.Applicability. Section 2601 (other than subsections (b), (c), and (e)) of this title shall apply to gifts accepted under this subsection. “(2) The Secretary may display at the museum recognition for an individual or organization that contributes money to a partner organization, or an individual or organization that contributes a gift directly to the Navy, for the benefit of the museum, whether or not the contribution is subject to the condition that the recognition be provided.Regulations. The Secretary shall prescribe regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards. “(3) The Secretary may authorize the sale of donated property received under paragraph (1). A sale under this paragraph need not be conducted in accordance with disposal requirements that would otherwise apply, so long as the sale is conducted at arms-length and includes an auditable transaction record. “(4) Any money received under paragraph
(1)and any proceeds from the sale of property under paragraph
(3)shall be deposited into a fund established in the Treasury to support the museum.135 STAT. 2197 “(f) Additional Terms and Conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with a contract, cooperative agreement, or other agreement under subsection
(a)or a lease under subsection
(d)as the Secretary considers appropriate to protect the interests of the United States. “(g) Use of Navy Indicators.—(1) In a contract, cooperative agreement, or other agreement under subsection
(a)or a lease under subsection (d), the Secretary of the Navy may authorize, consistent with section 2260 (other than subsection (d)) of this title, a partner organization to enter into licensing, marketing, and sponsorship agreements relating to Navy indicators, including the manufacture and sale of merchandise for sale by the museum, subject to the approval of the Department of the Navy. “(2) No such licensing, marketing, or sponsorship agreement may be entered into if it would reflect unfavorably on the ability of the Department of the Navy, any of its employees, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner, or if the Secretary determines that the use of the Navy indicator would compromise the integrity or appearance of integrity of any program of the Department of the Navy. “(h) Definitions.—In this section:“(1) The term ‘**eligible nonprofit organization**’ means an entity that—“(A) qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and “(B) has as its primary purpose the preservation and promotion of the history and heritage of the Navy. “(2) The term ‘**museum**’ means the National Museum of the United States Navy, including its facilities and grounds. “(3) The term ‘**Navy indicator**’ includes trademarks and service marks, names, identities, abbreviations, official insignia, seals, emblems, and acronyms of the Navy and Marine Corps, including underlying units, and specifically includes the term ‘**National Museum of the United States Navy**’. “(4) The term ‘**partner organization**’ means an eligible nonprofit organization with whom the Secretary of the Navy enters into a contract, cooperative agreement, or other agreement under subsection
(a)or a lease under subsection (d).” ". SEC. 2822. [10 USC 8617 note](/us/usc/t10/s8617).EXPANSION OF SECRETARY OF THE NAVY AUTHORITY TO LEASE AND LICENSE UNITED STATES NAVY MUSEUM FACILITIES TO GENERATE REVENUE TO SUPPORT MUSEUM ADMINISTRATION AND OPERATIONS.(a) Inclusion of Additional United States Navy Museums.—Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3530](/us/stat/119/3530)) is amended—(1) in subsection (a)—(A) by striking the text preceding paragraph
(1)and inserting “The Secretary of the Navy may lease or license any portion of the facilities of a United States Navy museum to a foundation established to support that museum for the purpose of permitting the foundation to carry out the following activities:”; and135 STAT. 2198
(B)in paragraphs
(1)and (2), by striking “the United States Navy Museum” and inserting “that United States Navy museum”;
(2)in subsection (b), by striking “the United States Navy Museum” and inserting “the United States Navy museum of which the facility is a part”;
(3)in subsection (c), by striking “the Naval Historical Foundation” and inserting “a foundation described in subsection (a)”; and
(4)in subsection (d)—(A) by striking “the United States Navy Museum” and inserting “the applicable United States Navy museum”; and
(B)by striking “the Museum” and inserting “that museum”.
(b)United States Navy Museum Defined.—Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3530](/us/stat/119/3530)) is amended by adding at the end the following new subsection:"“(f) United States Navy Museum.—In this section, the term ‘**United States Navy museum**’ means a museum under the jurisdiction of the Secretary of Defense and operated through the Naval History and Heritage Command.” ".
(c)Conforming Clerical Amendment.—The heading of section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 ([division B of Public Law 109–163](/us/pl/109/163/dB); [119 Stat. 3530](/us/stat/119/3530)) is amended by striking “at washington, navy yard, district of columbia”. Subtitle D—Military Facilities Master Plan Requirements SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS. [Section 2864(a) of title 10, United States Code](/us/usc/t10/s2864/a), is amended by adding at the end the following new paragraph:"“(3)(A) Update.Consultation.The commander of a major military installation shall develop and update the master plan for that major military installation in consultation with representatives of the government of the State in which the installation is located and representatives of local governments in the vicinity of the installation to improve cooperation and consistency between the Department of Defense and such governments in addressing each component of the master plan described in paragraph (1). “(B) The consultation required by subparagraph
(A)is in addition to the consultation specifically required by subsection (b)(1) in connection with the transportation component of the master plan for a major military installation.” ". SEC. 2832. ADDITIONAL CHANGES TO REQUIREMENTS REGARDING MASTER PLANS FOR MAJOR MILITARY INSTALLATIONS.(a) Consideration of Military Installation Resilience.—[Section 2864(a)(2)(E) of title 10, United States Code](/us/usc/t10/s2864/a/2/E), is amended by inserting before the period at the end the following: “and military installation resilience”.135 STAT. 2199
(b)Coordination Efforts Related to Military Installation Resilience Component.—[Section 2864(c) of title 10, United States Code](/us/usc/t10/s2864/c), is amended—(1) by redesignating paragraph
(7)as paragraph (8); and
(2)by inserting after paragraph
(6)the following new paragraph:"“(7) Extent of current coordination efforts and plans for additional coordination, as of the time of the development of the plan, with public or private entities for the purpose of maintaining or enhancing military installation resilience or resilience of the community infrastructure and resources described in paragraph (5).” ".
(c)Cross Reference to Definition of Military Installation Resilience.—[Section 2864(f) of title 10, United States Code](/us/usc/t10/s2864/f), is amended by adding at the end the following new paragraph:"“(6) The term ‘**military installation resilience**’ has the meaning given that term in section 101(e) of this title.” ". SEC. 2833. [10 USC 2864 note](/us/usc/t10/s2864).PROMPT COMPLETION OF MILITARY INSTALLATION RESILIENCE COMPONENT OF MASTER PLANS FOR AT-RISK MAJOR MILITARY INSTALLATIONS.(a) Deadline.Identification of At-Risk Installations.—Not later than 30 days after the date of the enactment of this Act, each Secretary of a military department shall—(1) identify at least two major military installations under the jurisdiction of that Secretary that the Secretary considers at risk from extreme weather events; and
(2)Notification.notify the Committees on Armed Services of the Senate and the House of Representatives of the major military installations identified under paragraph (1).
(b)Completion Deadline.—Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall ensure that the military installation resilience component of the master plan for each major military installation identified by the Secretary under subsection
(a)is completed.
(c)Deadline.Briefings.—Not later than 60 days after completion of a master plan component as required by subsection
(b)for a major military installation, the Secretary of the military department concerned shall brief the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the master plan efforts for that major military installation.
(d)Definitions.—In this section:(1) The term “**major military installation**” has the meaning given that term in [section 2864(f) of title 10, United States Code](/us/usc/t10/s2864/f).
(2)The term “**master plan**” means the master plan required by [section 2864(a) of title 10, United States Code](/us/usc/t10/s2864/a), for a major military installation. SEC. 2834. MASTER PLANS AND INVESTMENT STRATEGIES FOR ARMY AMMUNITION PLANTS GUIDING FUTURE INFRASTRUCTURE, FACILITY, AND PRODUCTION EQUIPMENT IMPROVEMENTS.(a) Submission of Master Plans and Investment Strategies.—Not later than March 31, 2022,Reports. the Secretary of the Army shall submit to the congressional defense committees a report containing the following:135 STAT. 2200
(1)The master plan for each of the ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army (in this section referred to as an “ammunition production facility”) that was developed to guide planning and budgeting for future infrastructure construction, facility improvements, and production equipment needs at the ammunition production facility.
(2)An investment strategy to address the facility, major equipment, and infrastructure requirements at each ammunition production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense.
(b)Elements of Master Plan.—To satisfy the requirements of subsection (a)(1), the master plan for an ammunition production facility must incorporate the results of a review of industrial processes, logistics streams, and workload distribution required to support production objectives and the facility requirements to support optimized processes and include the following specific elements:(1) A description of all infrastructure construction and facility improvements planned or being considered for the ammunition production facility and production equipment planned or being considered for installation, modernization, or replacement.
(2)An explanation of how the master plan for the ammunition production facility will promote efficient, effective, resilient, secure, and cost-effective production of ammunition and ammunition components for the Armed Forces.
(3)A description of how development of the master plan for the ammunition production facility included input from the contractor operating the ammunition production facility and how implementation of that master plan will be coordinated with the contractor.
(4)A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows.
(5)An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements.
(6)A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions.
(7)An accounting of the backlog of restoration and modernization projects at the ammunition production facility.
(c)Elements of Investment Strategy.—To satisfy the requirements of subsection (a)(2), the investment strategy for an ammunition production facility must include the following specific elements:(1) A description of the funding sources for such infrastructure construction, facility improvements, and production equipment, including authorized military construction projects, appropriations available for operation and maintenance, and 135 STAT. 2201 appropriations available for procurement of Army ammunition in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense.
(2)A timeline to complete the investment strategy.
(3)A list of projects and a brief scope of work for each such project.
(4)Cost estimates necessary to complete projects for mission essential facilities.
(d)Reports.Time period.Annual Updates.—Not later than March 31, 2023, and each March 31 thereafter through March 31, 2026, the Secretary of the Army shall submit to the congressional defense committees a report containing the following:(1) A description of any revisions made during the previous year to master plans and investment strategies submitted under subsection (a).
(2)A description of any revisions to be made or being considered to the master plans and investment strategies.
(3)An explanation of the reasons for each revision, whether made, to be made, or being considered.
(4)A description of the progress made in improving infrastructure, facility, and production equipment at each ammunition production facility consistent with the master plans and investment strategies.
(e)Delegation Authority.—The Secretary of the Army shall carry out this section acting through the Assistant Secretary of the Army for Acquisition, Logistics, and Technology. Subtitle E—Matters Related to Unified Facilities Criteria and Military Construction Planning and Design SEC. 2841. [10 USC 2802 note](/us/usc/t10/s2802).AMENDMENT OF UNIFIED FACILITIES CRITERIA TO REQUIRE INCLUSION OF PRIVATE NURSING AND LACTATION SPACE IN CERTAIN MILITARY CONSTRUCTION PROJECTS.(a) Amendment Required.—The Secretary of Defense shall amend UFC 1–4.2 (Nursing and Lactation Rooms) of the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that military construction planning and design for buildings likely to be regularly frequented by nursing mothers who are members of the uniformed services, civilian employees of the Department of Defense, contractor personnel, or visitors include a private nursing and lactation room or other private space suitable for that purpose.
(b)Deadline.—The Secretary of Defense shall complete the amendment process required by subsection
(a)and implement the amended UFC 1–4.2 not later than one year after the date of the enactment of this Act. SEC. 2842. [10 USC 2802 note](/us/usc/t10/s2802).REVISIONS TO UNIFIED FACILITIES CRITERIA REGARDING USE OF VARIABLE REFRIGERANT FLOW SYSTEMS.(a) Federal Register, publication.Publication and Comment Period Requirements.—The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria 135 STAT. 2202 regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days.
(b)Deadline.Notice and Justification Requirements.—The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register. SEC. 2843. [10 USC 2802 note](/us/usc/t10/s2802).AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE ENERGY EFFICIENT MILITARY INSTALLATIONS.(a) Unified Facilities Criteria Amendment Required.—To the extent practicable, the Secretary of Defense shall amend the Unified Facilities Criteria relating to military construction planning and design to ensure that building practices and standards of the Department of Defense incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019.
(b)Compliance.Implementation of Amendment.—The Secretary of Defense shall complete the amendment process required by subsection
(a)in a timely manner so that any Department of Defense Form 1391 submitted to Congress in connection with the budget submission for fiscal year 2024 and thereafter complies with the Unified Facilities Criteria, as amended pursuant to such subsection.
(c)Reporting Requirement.—Not later than February 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report—(1) describing the extent to which the Unified Facilities Criteria, as amended pursuant to subsection (a), incorporate the latest consensus-based codes and standards for energy efficiency and conservation, including the 2021 International Energy Conservation Code and the ASHRAE Standard 90.1-2019, as required by such subsection; and
(2)in the case of any instance in which the Unified Facilities Criteria continues to deviate from such consensus-based codes and standards for energy efficiency and conservation, identifying the deviation and explaining the reasons for the deviation. SEC. 2844. [10 USC 2802 note](/us/usc/t10/s2802).ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO IMPROVE ENERGY RESILIENCY OF MILITARY INSTALLATIONS.(a) Consideration of Including Energy Microgrid in Military Construction Projects.—(1) Amendment of unified facilities criteria required.—The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing an energy microgrid as part of the project, including intentional islanding capability of at least seven consecutive days, for the purpose of—(A) promoting on-installation energy security and energy resilience; and135 STAT. 2203
(B)facilitating implementation and greater use of the authority provided by subsection
(h)of [section 2911 of title 10, United States Code](/us/usc/t10/s2911), as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 ([division B of Public Law 116–283](/us/pl/116/283/dB)).
(2)Deadline.—The Secretary of Defense shall complete the amendment process required by paragraph
(1)and implement the amendment not later than September 1, 2022.
(b)Contracts for Emergency Access to Existing On-installation Renewable Energy Sources.—In the case of a covered renewable energy generating source located on a military installation pursuant to a lease of non-excess defense property under [section 2667 of title 10, United States Code](/us/usc/t10/s2667), the Secretary of the military department concerned is encouraged to negotiate with the owner and operator of the renewable energy generating source to revise the lease contract to permit the military installation to access the renewable energy generating source during an emergency. The negotiations shall include consideration of the ease of modifying the renewable energy generating source to include an islanding capability, the necessity of additional infrastructure to tie the renewable energy generating source into the installation energy grid, and the cost of such modifications and infrastructure.
(c)Definitions.—In this section:(1) The term “**covered renewable energy generating source**” means a renewable energy generating source that, on the date of the enactment of this Act—(A) is located on a military installation inside the United States; but
(B)cannot be used as a direct source of resilient energy for the installation in the event of a power disruption.
(2)The term “**islanding capability**” refers to the ability to remove an energy system, such as a microgrid, from the local utility grid and to operate the energy system, at least temporarily, as an integrated, stand-alone system, during an emergency involving the loss of external electric power supply.
(3)The term “**microgrid**” means an integrated energy system consisting of interconnected loads and energy resources with an islanding capability to permit functioning separate from the local utility grid. Subtitle F—Land Conveyances SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY PROPERTY CONVEYED TO UNIVERSITY OF CALIFORNIA, SAN DIEGO, CALIFORNIA.(a) Modification of Original Use Restriction.—[Section 3(a) of Public Law 87–662](/us/pl/87/662/s3/a) ([76 Stat. 546](/us/stat/76/546)) is amended by inserting after “educational purposes” the following: “, which may include technology innovation and entrepreneurship programs and establishment of innovation incubators”.
(b)Record.Execution.—If necessary to effectuate the amendment made by subsection (a), the Secretary of the Navy shall execute and file in the appropriate office an amended deed or other appropriate instrument reflecting the modification of restrictions on the 135 STAT. 2204 use of former Camp Matthews conveyed to the regents of the University of California pursuant to [Public Law 87–662](/us/pl/87/662). SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE, MASSACHUSETTS.(a) Conveyance Authorized.—The Secretary of the Air Force may convey to the Commonwealth of Massachusetts (in this section referred to as the “Commonwealth”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon and related easements, consisting of approximately 10 acres located on Joint Base Cape Cod, Bourne, Massachusetts.
(b)Conditions of Conveyance.—The conveyance under subsection
(a)shall be subject to valid existing rights and the Commonwealth shall accept the real property, and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
(c)Consideration.—(1) Payment.Consideration required.—As consideration for the conveyance under subsection (a), the Commonwealth shall pay to the United States an amount equal to the fair market value of the right, title, and interest conveyed under subsection
(a)based on an appraisal approved by the Secretary.
(2)Treatment of consideration received.—Consideration received under paragraph
(1)shall be deposited in the special account in the Treasury established under subsection
(b)of [section 572 of title 40, United States Code](/us/usc/t40/s572), and shall be available in accordance with paragraph (5)(B) of such subsection.
(d)Payment of Costs of Conveyance.—(1) Reimbursement.Payment required.—The Secretary of the Air Force shall require the Commonwealth to cover all costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance.Refund. If amounts are collected from the Commonwealth in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Commonwealth.
(2)Treatment of amounts received.—Amounts received as reimbursement under paragraph
(1)shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to an appropriate fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e)Determination.Survey.Description of Property.—The exact acreage and legal description of the property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Air Force.135 STAT. 2205
(f)Additional Terms and Conditions.—The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. SEC. 2853. LAND CONVEYANCE, SAINT JOSEPH, MISSOURI.(a) Conveyance Authorized.—At such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force, the Secretary may convey to the City of Saint Joseph, Missouri (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes.
(b)Condition of Conveyance.—The conveyance under subsection
(a)shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
(c)Consideration.—(1) Requirement.—As consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection
(a)based on an appraisal approved by the Secretary of the Air Force.
(2)Types of consideration.—(A) In general.—Except as provided in subparagraph (B), the consideration required to be provided under paragraph
(1)may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof.
(B)Payment.Less than fair market value.—If the value of the land exchange or in-kind consideration provided under subparagraph
(A)is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A).
(C)Cash consideration.—Any cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under [section 572(b)(5) of title 40, United States Code](/us/usc/t40/s572/b/5), and available in accordance with the provisions of subparagraph (B)(ii) of such section.
(D)In-kind consideration.—In-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, 135 STAT. 2206 maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate.
(d)Payment of Costs of Conveyance.—(1) Reimbursement.Payment required.—The Secretary of the Air Force may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance.Refund. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.
(2)Treatment of amounts received.—Amounts received under paragraph
(1)as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection
(a)shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e)Determination.Survey.Description of Property.—The exact acreage and legal description of the property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Air Force.
(f)Additional Terms and Conditions.—The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. SEC. 2854. LAND CONVEYANCE, DEPARTMENT OF DEFENSE EXCESS PROPERTY, ST. LOUIS, MISSOURI.(a) Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis.—(1) Conveyance authorized.—The Secretary of the Air Force may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the “Authority”) all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 24 acres located at 3200 S. 2nd Street, St. Louis, Missouri, for purpose of permitting the Authority to redevelop the property.
(2)Limitation.—The Secretary may convey to the Authority only that portion of the parcel of real property described in paragraph
(1)that is declared excess to the needs of the Department of Defense.
(b)Consideration.—(1) Payment.Consideration required.—As consideration for the conveyance under subsection (a), the Authority shall pay to the Secretary of the Air Force an amount that is not less 135 STAT. 2207 than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof.
(2)In-kind consideration.—In-kind consideration provided by the Authority under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs that the Secretary considers acceptable.
(c)Terms of Conveyance.—(1) Instrument of conveyance; acceptance.—The conveyance under subsection
(a)shall be subject to valid existing rights and shall be accomplished using a quitclaim deed or other legal instrument.
(2)Conditions.—(A) In general.—Subject to paragraph (3), the Authority shall accept the real property conveyed under subsection (a), and any improvements thereon, in its condition at the time of the conveyance (commonly known as a conveyance “as is”).
(B)Environmental conditions.—The conveyance under subsection
(a)may include conditions, restrictions, or covenants related the environmental condition of the conveyed property, which shall not adversely interfere with the use of existing structures and the development of the property for commercial or industrial uses.
(C)Historical property conditions.—The conveyance under subsection
(a)may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the property.
(3)Conduct of remediation.—(A) In general.—The Secretary of the Air Force shall conduct all remediation at the real property conveyed under subsection
(a)pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601 et seq.](/us/usc/t42/s9601/etseq)) and the Defense Environmental Restoration Program under [section 2701 of title 10, United States Code](/us/usc/t10/s2701).
(B)Completion of remediation.—The Secretary shall complete all remediation at the parcel of land conveyed under subsection
(a)in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019.
(d)Payment of Costs of Conveyance.—(1) Reimbursement.Payment required.—The Secretary of the Air Force shall require the Authority to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance.Refund. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected 135 STAT. 2208 exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Authority.
(2)Treatment of amounts received.—Amounts received as reimbursement under paragraph
(1)shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(e)Relation to Other Laws.—(1) Compliance.Historic preservation.—The conveyance under subsection
(a)shall be carried out in compliance with [division A of subtitle III of title 54, United States Code](/us/usc/t54/stIII/dA) (formerly known as the National Historic Preservation Act).
(2)Rule of construction.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ([42 U.S.C. 9601 et seq.](/us/usc/t42/s9601/etseq)).
(f)Determination.Survey.Description of Property.—The exact acreage and legal description of the parcel of real property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Air Force.
(g)Additional Terms and Conditions.—The Secretary of the Air Force may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. SEC. 2855. LAND CONVEYANCE, MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA.(a) Conveyance Authorized.—The Secretary of the Navy may convey to the City of Havelock, North Carolina (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits.
(b)Time period.Interim Lease.—Until such time as the real property described in subsection
(a)is conveyed to the City, the Secretary of the Navy may lease the property to the City for 20 years.
(c)Consideration.—(1) Payment.Determination.In general.—As consideration for the conveyance under subsection
(a)and interim lease under subsection (b), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof.
(2)In-kind consideration.—In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery 135 STAT. 2209 of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable.
(3)Disposition of amounts.—(A) Conveyance.—Amounts received by the Secretary in exchange for the fee title of the real property described in subsection
(a)shall be deposited in the special account in the Treasury established under [section 572(b)(5) of title 40, United States Code](/us/usc/t40/s572/b/5), and shall be available in accordance with subparagraph (B)(ii) of such section.
(B)Interim lease.—Amounts received by the Secretary for the interim lease of the real property described in subsection
(a)shall be deposited in the special account in the Treasury established for the Secretary under subsection
(e)of [section 2667 of title 10, United States Code](/us/usc/t10/s2667), and shall be available for use in accordance with paragraph (1)(D) of such subsection.
(d)Payment of Costs of Conveyance.—(1) Requirement.Reimbursement.In general.—The Secretary of the Navy shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection
(a)and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance.
(2)Refund of excess amounts.—If amounts are collected from the City under paragraph
(1)in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection
(a)and interim lease under subsection (b), the Secretary shall refund the excess amount to the City.
(e)Condition of Conveyance.—Conveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following:(1) Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms.
(2)The City shall not use Federal funds to cover any portion of the amounts required by subsections
(c)and
(d)to be paid by the City.
(f)Determination.Survey.Description of Property.—The exact acreage and legal description of the property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Navy.
(g)Exclusion of Requirements for Prior Screening by General Services Administration for Additional Federal Use.—[Section 2696(b) of title 10, United States Code](/us/usc/t10/s2696/b), does not apply to the conveyance of real property authorized under subsection (a).
(h)Additional Terms.—The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States.135 STAT. 2210 SEC. 2856. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA BEACH, VIRGINIA, TO CITY OF VIRGINIA BEACH, VIRGINIA.(a) Conveyance Authorized.—(1) In general.—The Secretary of the Navy may convey to the City of Virginia Beach, Virginia (in this section referred to as the “City”), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres.
(2)Authority to void land use restrictions.—The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1).
(b)Consideration.—(1) Payment.Determination.In general.—As consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof.
(2)In-kind consideration.—In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable.
(3)Disposition of funds.—Cash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph
(A)of [section 572(b)(5) of title 40, United States Code](/us/usc/t40/s572/b/5), and shall be available for use in accordance with subparagraph (B)(ii) of such section.
(c)Payment of Costs of Conveyance.—(1) Reimbursement.Payment required.—The Secretary of the Navy shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance.
(2)Refund of excess amounts.—If amounts are collected under paragraph
(1)in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City.
(3)Treatment of amounts received.—Amounts received as reimbursement under paragraph
(1)shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(d)Determination.Survey.Description of Property.—The exact acreage and legal description of the parcel of real property to be conveyed under 135 STAT. 2211 subsection (a)(1) shall be determined by a survey satisfactory to the Secretary of the Navy.
(e)Additional Terms and Conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States. SEC. 2857. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA BEACH, VIRGINIA, TO SCHOOL BOARD OF CITY OF VIRGINIA BEACH, VIRGINIA.(a) Conveyance Authorized.—(1) In general.—The Secretary of the Navy may convey to the School Board of the City of Virginia Beach, Virginia (in this section referred to as “VBCPS”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.77 acres at Naval Air Station Oceana, Virginia Beach, Virginia, located at 121 West Lane (GPIN: 2407-94-0772) for the purpose of permitting VBCPS to use the property for educational purposes.
(2)Continuation of existing easements, restrictions, and covenants.—The conveyance of the property under paragraph
(1)shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act.
(b)Consideration.—(1) Payment.Determination.Consideration required; amount.—As consideration for the conveyance under subsection (a), VBCPS shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property to be conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final of the property to be conveyed.
(2)Form of consideration.—The consideration required by paragraph
(1)may be in the form of a cash payment, in-kind consideration as described in paragraph (3), or a combination thereof, as acceptable to the Secretary. Cash consideration shall be deposited in the special account in the Treasury established under [section 572 of title 40, United States Code](/us/usc/t40/s572), and the entire amount deposited shall be available for use in accordance with subsection (b)(5)(ii) of such section.
(3)In-kind consideration.—The Secretary may accept as in-kind consideration under this subsection the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or the delivery of services, relating to the needs of Naval Air Station Oceana.
(c)Payment of Costs of Conveyance.—(1) Reimbursement.Payment required.—The Secretary of the Navy shall require VBCPS to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. If amountsRefunds. are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the 135 STAT. 2212 conveyance, the Secretary shall refund the excess amount to VBCPS.
(2)Treatment of amounts received.—Amounts received as reimbursement under paragraph
(1)shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the fund or account currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(d)Limitation on Source of Funds.—VBCPS may not use Federal funds to cover any portion of the costs required by subsections
(b)and
(c)to be paid by VBCPS.
(e)Determination.Survey.Description of Property.—The exact acreage and legal description of the parcel of real property to be conveyed under subsection
(a)shall be determined by a survey satisfactory to the Secretary of the Navy.
(f)Additional Terms and Conditions.—The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection
(a)as the Secretary considers appropriate to protect the interests of the United States. Subtitle G—Authorized Pilot Programs SEC. 2861. [10 USC 2802 note](/us/usc/t10/s2802).PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE BUILDING MATERIALS IN MILITARY CONSTRUCTION.(a) Evaluation.Pilot Program Required.—Each Secretary of a military department shall conduct a pilot program to evaluate the effect that the use of sustainable building materials as the primary construction material in military construction may have on the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of military construction.
(b)Project Selection and Locations.—(1) Minimum number of projects.—Each Secretary of a military department shall carry out at least one military construction project under the pilot program.
(2)Project locations.—The pilot program shall be conducted at military installations in the continental United States—(A) that are identified as vulnerable to extreme weather events; and—
(B)for which a military construction project is authorized but a request for proposal has not been released.
(c)Inclusion of Military Unaccompanied Housing Project.—The SecretariesCoordination. of the military departments shall coordinate the selection of military construction projects to be carried out under the pilot program so that at least one of the military construction projects involves construction of military unaccompanied housing.
(d)Duration of Program.—The authority of the Secretary of a military department to carry out a military construction project under the pilot program shall expire on September 30, 2024. Any construction commenced under the pilot program before the expiration date may continue to completion.135 STAT. 2213
(e)Reporting Requirement.—(1) Time period.Report required.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2024, the Secretaries of the military departments shall submit to the congressional defense committees a report on the progress of the pilot program.
(2)Report elements.—The report shall include the following:(A) A description of the status of the military construction projects selected to be conducted under the pilot program.
(B)An explanation of the reasons why those military construction projects were selected.
(C)Analysis.An analysis of the following:(i) The projected or actual carbon footprint over the full life cycle of the various sustainable building materials evaluated in the pilot program.
(ii)The life cycle costs of the various sustainable building materials evaluated in the pilot program.
(iii)The resilience to extreme weather events of the various sustainable building materials evaluated in the pilot program.
(iv)Any impact on construction timeliness of using the various sustainable building materials evaluated in the pilot program.
(v)The cost effectiveness of the military construction projects conducted under the pilot program using sustainable building materials as compared to other materials historically used in military construction.
(D)Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of sustainable building materials, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.
(f)Sustainable Building Materials Defined.—In this section, the term “**sustainable building material**” means any building material the use of which will reduce carbon emissions over the life cycle of the building. The term includes mass timber, concrete, and other carbon-reducing materials. SEC. 2862. [10 USC note](/us/usc/t10)prec. 9771.PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR REIMBURSEMENT FOR USE OF TESTING FACILITIES AT INSTALLATIONS OF THE DEPARTMENT OF THE AIR FORCE.(a) Deadline.Pilot Program Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation.
(b)Installations Selected.—The Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program from among any such installations that are part of the Air Force Flight Test 135 STAT. 2214 Center construct and are currently funded for Facility, Sustainment, Restoration, and Modernization
(FSRM)through the Research, Development, Test, and Evaluation account of the Department of the Air Force.
(c)Oversight of Funds.—(1) Installation commander.—The commander of an installation selected for the pilot program shall have direct oversight over 50 percent of the funds allocated to the installation for Facility, Sustainment, Restoration, and Modernization.
(2)Air force civil engineer center commander.—The Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of Facility, Sustainment, Restoration, and Modernization funds allocated to an installation selected for the pilot program.
(d)Briefing and Report.—(1) Deadline.Briefing.—Not later than 30 days after establishing the pilot program, the Secretary of the Air Force shall brief the congressional defense committees on the pilot program.
(2)Annual report.—Not later than one year after establishing the pilot program under subsection (a), and annually thereafter through the year following termination of the pilot program, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program.
(e)Termination.—The pilot program shall terminate on December 1, 2026. Subtitle H—Asia-Pacific and Indo-Pacific Issues SEC. 2871. [10 USC 8013 note](/us/usc/t10/s8013).IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE SERVICES PROVIDED BY NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND PACIFIC. The Secretary of the Navy shall designate an administrative position within the Naval Facilities Engineering Systems Command Pacific for the purpose of improving the continuity of management and oversight of real property and infrastructure assets in the Pacific Area of Responsibility related to the training needs of the Armed Forces, particularly regarding leased property for which the lease will expire within 10 years after the date of the enactment of this Act. SEC. 2872. ANNUAL CONGRESSIONAL BRIEFING ON RENEWAL OF DEPARTMENT OF DEFENSE EASEMENTS AND LEASES OF LAND IN HAWAI‘I.(a) Deadline.Annual Briefing Required.—Not later than February 1 of each year, the Secretary of Defense shall brief the congressional defense committee on the progress being made by the Department of Defense to renew each Department of Defense land lease and easement in the State of Hawai‘i that—(1) encompasses one acre or more; and
(2)Expiration date.Time period.will expire within 10 years after the date of the briefing.
(b)Required Elements of Briefing.—Each briefing provided under subsection
(a)shall include the following:(1) The location, size, and expiration date of each lease and easement described in such subsection.135 STAT. 2215
(2)Major milestones and expected timelines for maintaining access to the land covered by such lease and easement.
(3)Actions completed over the preceding two years for such lease and easement.
(4)Department-wide and service-specific authorities governing the extension of such lease and easement.
(5)Summary.A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments.
(6)The status of efforts to develop an inventory of military land in Hawai‘i, including current and possible future uses of the land, that would assist in land negotiations with the State of Hawai‘i.
(7)The risks and potential solutions to ensure the renewability of required and critical leases and easements. SEC. 2873. HAWAI‘I MILITARY LAND USE MASTER PLAN.(a) Deadline.Update of Master Plan Required.—Not later than December 31, 2025, the Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan, which was first produced by the Department of Defense in 1995 and last updated in 2021.
(b)Elements.—In updating the Hawai‘i Military Land Use Master Plan as required by subsection (a), the Commander of the United States Indo-Pacific Command shall consider, address, and include the following:(1) The priorities of each individual Armed Force and joint priorities within the State of Hawai‘i.
(2)The historical background of Armed Forces and Department of Defense use of lands in Hawai‘i and the cultural significance of the historical land holdings.
(3)A summary of all leases and easements held by the Department of Defense.
(4)An overview of Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Hawai‘i National Guard, and Hawai‘i Air National Guard assets in the State, including the following for each asset:(A) The location and size of facilities.
(B)Any tenet commands.
(C)Training lands.
(D)Purpose of the asset.
(E)Priorities for the asset for the next five years, including any planned divestitures and expansions.
(5)A summary of encroachment planning efforts.
(6)A summary of efforts to synchronize the inter-service use of training lands and ranges.
(c)Cooperation.—The Commander of the United States Indo-Pacific Command shall update the Hawai‘i Military Land Use Master Plan under this section in conjunction with the Deputy Assistant Secretary of Defense for Real Property.
(d)Deadline.Submission of Updated Plan.—Not later than 30 days after the date of the completion of the update to the Hawai‘i Military Land Use Master Plan required by subsection (a), the Commander of the United States Indo-Pacific Command shall submit the updated master plan to the Committees on Armed Services of the Senate and the House of Representatives.135 STAT. 2216 Subtitle I—One-Time Reports and Other Matters SEC. 2881. CLARIFICATION OF INSTALLATION AND MAINTENANCE REQUIREMENTS REGARDING FIRE EXTINGUISHERS IN DEPARTMENT OF DEFENSE FACILITIES. Section 2861 of the Military Construction Authorization Act for Fiscal Year 2020 ([division B of Public Law 116–92](/us/pl/116/92/dB); [10 U.S.C. 113 note](/us/usc/t10/s113); [133 Stat. 1899](/us/stat/133/1899)) is amended by striking “requirements of national model fire codes developed by the National Fire Protection Association and the International Code Council” and inserting “NFPA 1, Fire Code of the National Fire Protection Association and applicable requirements of the international building code and international fire code of the International Code Council”. SEC. 2882. GAO REVIEW AND REPORT OF MILITARY CONSTRUCTION CONTRACTING AT MILITARY INSTALLATIONS INSIDE THE UNITED STATES.(a) Assessment.Review Required.—The Comptroller General of the United States shall perform a review to assess the contracting approaches authorized pursuant to [section 2802 of title 10, United States Code](/us/usc/t10/s2802), used to maintain and upgrade military installations inside the United States.
(b)Elements of Review.—In conducting the review required by subsection (a), the Comptroller General should consider, to the extent practicable, such issues as the following:(1) The extent to which the Department of Defense uses competitive procedures when awarding contracts to contractors to maintain or upgrade military installations inside the United States.
(2)The number of contractors awarded such a contract that are considered a small business, and the percentage that these contracts comprise of all such contracts.
(3)The extent to which the primary business location of each contractor awarded such a contract is located within 60 miles of the military installation where the contract is to be performed.
(4)The extent to which contractors awarded such a contract in turn use subcontractors and suppliers whose primary business location is located within 60 miles of the military installation where the contract is to be performed.
(5)The extent to which the source selection procedures used by the responsible contracting organization considers whether offerors are small businesses or are businesses that are located within 60 miles of the military installation where the contract is to be performed.
(6)Any other matters the Comptroller General determines relevant to the review.
(c)Report Required.—Not later than March 31, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the review required by subsection (a).
(d)Small Business Defined.—In this section, the term “**small business**” means a contractor that is a small-business concern as such term is defined under section 3 of the Small Business Act ([15 U.S.C. 632](/us/usc/t15/s632)).135 STAT. 2217 DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A— National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B— Program Authorizations, Restrictions, and Limitations Sec. 3111. Plutonium pit production capacity. Sec. 3112. Improvements to cost estimates informing analyses of alternatives. Sec. 3113. University-based defense nuclear policy collaboration program. Sec. 3114. Defense environmental cleanup programs. Sec. 3115. Modification of requirements for certain construction projects. Sec. 3116. Updates to infrastructure modernization initiative. Sec. 3117. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3118. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3119. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads. Sec. 3121. Portfolio management framework for National Nuclear Security Administration. Subtitle C— Reports and Other Matters Sec. 3131. Modifications to certain reporting requirements. Sec. 3132. Modification to terminology for reports on financial balances for atomic energy defense activities. Sec. 3133. Improvements to annual reports on condition of the United States nuclear weapons stockpile. Sec. 3134. Report on plant-directed research and development. Sec. 3135. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3136. Transfer of building located at 4170 Allium Court, Springfield, Ohio. Sec. 3137. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Sec. 3138. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3139. Study on the W80–4 nuclear warhead life extension program. Sec. 3140. Study on Runit Dome and related hazards. Sec. 3141. Sense of Congress regarding compensation of individuals relating to uranium mining and nuclear testing. Subtitle A—National Security Programs and Authorizations SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.135 STAT. 2218
(b)Authorization of New Plant Projects.—From funds referred to in subsection
(a)that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, KL Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Schenectady, New York, $41,620,000. Project 22–D–532, KL Security Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $5,100,000. Shipping & Receiving (Exterior), Los Alamos National Laboratory, Los Alamos, New Mexico, $9,700,000. TCAP Restoration Column A, Savannah River Site, Aiken, South Carolina, $4,700,000. SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.(a) Authorization of Appropriations.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
(b)Authorization of New Plant Projects.—From funds referred to in subsection
(a)that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 22–D–401, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Idaho Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional ICDF Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000. SEC. 3103. OTHER DEFENSE ACTIVITIES. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701. SEC. 3104. NUCLEAR ENERGY. Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701.135 STAT. 2219 Subtitle B—Program Authorizations, Restrictions, and Limitations SEC. 3111. PLUTONIUM PIT PRODUCTION CAPACITY.(a) Certifications.—Section 4219 of the Atomic Energy Defense Act ([50 U.S.C. 2538a](/us/usc/t50/s2538a)) is amended by adding at the end the following new subsections:"“(d) Certifications on Plutonium Enterprise.—“(1) Deadline.Requirement.—Not later than 30 days after the date on which a covered project achieves a critical decision milestone, the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs shall jointly certify to the congressional defense committees that the operations, infrastructure, and workforce of such project are adequate to carry out the delivery and disposal of planned waste shipments relating to the plutonium enterprise, as outlined in the critical decision memoranda of the Department of Energy with respect to such project. “(2) Deadline.Plan.Failure to certify.—If the Assistant Secretary for Environmental Management and the Deputy Administrator for Defense Programs fail to make a certification under paragraph
(1)by the date specified in such paragraph with respect to a covered project achieving a critical decision milestone, the Assistant Secretary and the Deputy Administrator shall jointly submit to the congressional defense committees, by not later than 30 days after such date, a plan to ensure that the operations, infrastructure, and workforce of such project will be adequate to carry out the delivery and disposal of planned waste shipments described in such paragraph. “(e) Reports.—“(1) Time period.Requirement.—Not later than March 1 of each year during the period beginning on the date on which the first covered project achieves critical decision 2 in the acquisition process and ending on the date on which the second project achieves critical decision 4 and begins operations, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on the planned production goals of both covered projects during the first 10 years of the operation of the projects. “(2) Elements.—Each report under paragraph
(1)shall include—“(A) the number of war reserve plutonium pits planned to be produced during each year, including the associated warhead type; “(B) a description of risks and challenges to meeting the performance baseline for the covered projects, as approved in critical decision 2 in the acquisition process; “(C) options available to the Administrator to balance scope, costs, and production requirements at the projects to decrease overall risk to the plutonium enterprise and enduring plutonium pit requirements; and “(D) an explanation of any changes to the production goals or requirements as compared to the report submitted during the previous year. “(f) Covered Project Defined.—In this subsection, the term ‘**covered project**’ means—135 STAT. 2220“(1) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or “(2) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).” ".
(b)Deadline.Briefing.—Not later than May 1, 2022, the Administrator for Nuclear Security and the Director for Cost Estimating and Program Evaluation shall jointly provide to the congressional defense committees a briefing on the ability of the National Nuclear Security Administration to carry out the plutonium enterprise of the Administration, including with respect to the adequacy of the program management staff of the Administration to execute covered projects (as defined in subsection
(f)of section 4219 of the Atomic Energy Defense Act ([50 U.S.C. 2538a](/us/usc/t50/s2538a)), as amended by subsection (a)). SEC. 3112. IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF ALTERNATIVES.(a) In General.—Subtitle A of title XLVII of the Atomic Energy Defense Act ([50 U.S.C. 2741 et seq.](/us/usc/t50/s2741/etseq)) is amended by adding at the end the following new section:"“SEC. 4718. [50 USC 2758](/us/usc/t50/s2758).IMPROVEMENTS TO COST ESTIMATES INFORMING ANALYSES OF ALTERNATIVES.“(a) Requirement for Analyses of Alternatives.—The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. “(b) Use of Project Engineering and Design Funds.—In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if—“(1) the Administrator—“(A) determines that such use of funds would improve the quality of the cost estimate for the project; and “(B) notifies the congressional defense committees of that determination; and “(2) a period of 15 days has elapsed after the date on which such committees receive the notification.” ".
(b)Clerical Amendment.—The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item:" “Sec. 4718. Improvements to cost estimates informing analyses of alternatives.”. "135 STAT. 2221 SEC. 3113. UNIVERSITY-BASED DEFENSE NUCLEAR POLICY COLLABORATION PROGRAM. Title XLVIII of the Atomic Energy Defense Act ([50 U.S.C. 2781 et seq.](/us/usc/t50/s2781/etseq)) is amended by adding at the end the following new section (and conforming the table of contents accordingly):"“SEC. 4853. [50 USC 2823](/us/usc/t50/s2823).UNIVERSITY-BASED DEFENSE NUCLEAR POLICY COLLABORATION PROGRAM.“(a) Program.—The Administrator shall carry out a program under which the Administrator establishes a policy research consortium of institutions of higher education and nonprofit entities in support of implementing and innovating the defense nuclear policy programs of the Administration. The Administrator shall establish and carry out such program in a manner similar to the program established under section 4814. “(b) Purposes.—The purposes of the consortium under subsection
(a)are as follows:“(1) To shape the formulation and application of policy through the conduct of research and analysis regarding defense nuclear policy programs. “(2) To maintain open-source databases on issues relevant to understanding defense nuclear nonproliferation, arms control, nuclear deterrence, foreign nuclear programs, and nuclear security. “(3) To facilitate the collaboration of research centers of excellence relating to defense nuclear policy to better distribute expertise to specific issues and scenarios regarding such threats. “(c) Duties.—“(1) Support.—The Administrator shall ensure that the consortium established under subsection
(a)provides support to individuals described in paragraph
(2)through the use of nongovernmental fellowships, scholarships, research internships, workshops, short courses, summer schools, and research grants. “(2) Individuals described.—The individuals described in this paragraph are graduate students, academics, and policy specialists, who are focused on policy innovation related to—“(A) defense nuclear nonproliferation; “(B) arms control; “(C) nuclear deterrence; “(D) the study of foreign nuclear programs; “(E) nuclear security; or “(F) educating and training the next generation of defense nuclear policy experts.” ". SEC. 3114. DEFENSE ENVIRONMENTAL CLEANUP PROGRAMS.(a) Establishment of Programs.—Subtitle A of title XLIV of the Atomic Energy Defense Act ([50 U.S.C. 2581 et seq.](/us/usc/t50/s2581/etseq)) is amended by inserting after section 4406 the following new section (and conforming the table of contents at the beginning of such Act accordingly):"“SEC. 4406A. [50 USC 2586a](/us/usc/t50/s2586a).OTHER PROGRAMS RELATING TO TECHNOLOGY DEVELOPMENT.“(a) Incremental Technology Development Program.—“(1) Establishment.—The Secretary may establish a program, to be known as the ‘Incremental Technology Development 135 STAT. 2222 Program’, to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. “(2) Focus.—“(A) Improvements.—In carrying out the Incremental Technology Development Program, the Secretary shall focus on the continuous improvement of new or available technologies, including—“(i) decontamination chemicals and techniques; “(ii) remote sensing and wireless communication to reduce manpower and laboratory efforts; “(iii) detection, assay, and certification instrumentation; and “(iv) packaging materials, methods, and shipping systems. “(B) Other areas.—The Secretary may include in the Incremental Technology Development Program mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in subparagraph (A). “(3) Use of new and emerging technologies.—“(A) Development and demonstration.—In carrying out the Incremental Technology Development Program, the Secretary shall ensure that site offices of the Office conduct technology development, demonstration, testing, permitting, and deployment of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. “(B) Collaboration required.—The Secretary shall collaborate, to the extent practicable, with the heads of other departments and agencies of the Federal Government, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the Incremental Technology Development Program. “(4) Agreements to carry out projects.—“(A) Authority.—In carrying out the Incremental Technology Development Program, the Secretary may enter into agreements with nongovernmental entities for technology development, demonstration, testing, permitting, and deployment projects to improve technologies in accordance with paragraph (2). “(B) Selection.—The Secretary shall select projects under subparagraph
(A)through a rigorous process that involves—“(i) transparent and open competition; and “(ii) Review.a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. “(C) Cost-sharing.—The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this paragraph shall be not more than 70 percent. “(D) Deadline.Briefing.—Not later than 120 days before the date on which the Secretary enters into the first agreement 135 STAT. 2223 under subparagraph (A), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the Incremental Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. “(b) High-Impact Technology Development Program.—“(1) Contracts.Establishment.—The Secretary shall establish a program, to be known as the ‘High-Impact Technology Development Program’, under which the Secretary shall enter into agreements with nongovernmental entities for projects that pursue technologies that, with respect to the mission—“(A) holistically address difficult challenges; “(B) hold the promise of breakthrough improvements; or “(C) align existing or in-use technologies with difficult challenges. “(2) Areas of focus.—The Secretary may include as areas of focus for a project carried out under the High-Impact Technology Development Program the following:“(A) Developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on—“(i) real-time field acquisition; and “(ii) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration. “(B) Developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex. “(C) Demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of—“(i) remediation systems; and “(ii) noninvasive near-field monitoring techniques. “(D) Developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on—“(i) rapid and nondestructive examination and assay techniques; and “(ii) methods to determine radio-nuclide, heavy metals, and organic constituents. “(E) Demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites. “(F) Developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment.135 STAT. 2224 “(G) Adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates—“(i) to address engineering adaptations; “(ii) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and “(iii) to enable successful deployment at full-scale and in support of operations. “(H) Developing and demonstrating rapid testing protocols that—“(i) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; “(ii) can be used to measure long-term waste form performance under realistic disposal environments; “(iii) can determine whether a stabilized waste is suitable for disposal; and “(iv) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal. “(I) Developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury. “(J) Developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. “(3) Project selection.—“(A) Selection.—The Secretary shall select projects to be carried out under the High-Impact Technology Development Program through a rigorous process that involves—“(i) transparent and open competition; and “(ii) Review.a review process that, if practicable, is conducted in an independent manner consistent with Department guidance on selecting and funding public-private partnerships. “(B) Deadline.Briefing.—Not later than 120 days before the date on which the Secretary enters into the first agreement under paragraph (1), the Secretary shall provide to the congressional defense committees a briefing on the process of selecting and funding efforts within the High-Impact Technology Development Program, including with respect to the plans of the Secretary to ensure a scientifically rigorous process that minimizes potential conflicts of interest. “(c) Environmental Management University Program.—“(1) Establishment.—The Secretary shall establish a program, to be known as the ‘Environmental Management University Program’, to—“(A) engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher 135 STAT. 2225 education on subjects relating to the mission to show a clear path for students for employment within the environmental management enterprise; “(B) provide institutions of higher education and the Department access to advances in engineering and science; “(C) clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and “(D) encourage current employees of the Department to pursue advanced degrees. “(2) Areas of focus.—The Secretary may include as areas of focus for a grant made under the Environmental Management University Program the following:“(A) The atomic- and molecular-scale chemistries of waste processing. “(B) Contaminant immobilization in engineered and natural systems. “(C) Developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine. “(D) Elucidating and exploiting complex speciation and reactivity far from equilibrium. “(E) Understanding and controlling chemical and physical processes at interfaces. “(F) Harnessing physical and chemical processes to revolutionize separations. “(G) Tailoring waste forms for contaminants in harsh chemical environments. “(H) Predicting and understanding subsurface system behavior and response to perturbations. “(3) Individual research grants.—In carrying out the Environmental Management University Program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects, with an option for an extension of one additional two-year period. “(4) Grants for interdisciplinary collaborations.—In carrying out the Environmental Management University Program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for three-year research projects. “(5) Hiring of undergraduates.—In carrying out the Environmental Management University Program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. “(6) Workshops.—In carrying out the Environmental Management University Program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. “(d) Definitions.—In this section:“(1) The term ‘**complex**’ means all sites managed in whole or in part by the Office.135 STAT. 2226 “(2) The term ‘**Department**’ means the Department of Energy. “(3) The term ‘**institution of higher education**’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](/us/usc/t20/s1001/a)). “(4) The term ‘**mission**’ means the mission of the Office. “(5) The term ‘**National Laboratory**’ has the meaning given the term in section 2 of the Energy Policy Act of 2005 ([42 U.S.C. 15801](/us/usc/t42/s15801)). “(6) The term ‘**Office**’ means the Office of Environmental Management of the Department. “(7) The term ‘**Secretary**’ means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management.” ".
(b)Independent Assessment of Defense Environmental Cleanup Programs.—(1) Deadline.Independent assessment.—Not later than one year after the date of the enactment of this Act, the Chief of Engineers of the Army shall develop and transmit to the Secretary of Energy and the congressional defense committees an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office of Environmental Management of the Department of Energy.
(2)Focus of assessment.—The Chief of Engineers shall ensure that the assessment under paragraph
(1)is focused on—(A) identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs; and
(B)providing recommendations to the Secretary and to the congressional defense committees with respect to the annual funding levels for the Incremental Technology Development Program and the High-Impact Technology Development Program established under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office.
(3)No effect on program implementation.—Nothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including under section 4406A of the Atomic Energy Defense Act, as added by subsection (a), or under any existing agreement or consent decree to which the Department is a party, during the period in which the assessment under paragraph
(1)is carried out. SEC. 3115. MODIFICATION OF REQUIREMENTS FOR CERTAIN CONSTRUCTION PROJECTS.(a) Increase in Minor Construction Threshold for Plant Projects.—Section 4701(2) of the Atomic Energy Defense Act ([50 U.S.C. 2741(2)](/us/usc/t50/s2741/2)) is amended by striking “$20,000,000” and inserting “$25,000,000”.
(b)Notification Requirement for Certain Minor Construction Projects.—(1) In general.—Section 4703 of the Atomic Energy Defense Act ([50 U.S.C. 2743](/us/usc/t50/s2743)) is amended—135 STAT. 2227(A) by redesignating subsection
(d)as subsection (e); and
(B)by inserting after subsection
(c)the following new subsection (d):"“(d) Notification Required for Certain Projects.—Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until—“(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and “(2) a period of 15 days has elapsed after the date on which such notification is received.” ".
(2)Conforming repeal.—Section 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 ([Public Law 111–84](/us/pl/111/84); [50 U.S.C. 2743 note](/us/usc/t50/s2743)) is repealed.
(c)Increase in Construction Design Threshold.—Section 4706(b) of the Atomic Energy Defense Act ([50 U.S.C. 2746(b)](/us/usc/t50/s2746/b)) is amended by striking “$2,000,000” each place it appears and inserting “$5,000,000”. SEC. 3116. UPDATES TO INFRASTRUCTURE MODERNIZATION INITIATIVE. Section 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 ([Public Law 115–91](/us/pl/115/91); [50 U.S.C. 2402 note](/us/usc/t50/s2402)) is amended—(1) in paragraph (1), by striking “reduce the deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025” and inserting “reduce the total deferred maintenance per replacement plant value of the nuclear security enterprise by not less than 45 percent by 2030”;
(2)in paragraph (2)(A)(i)(II), by striking “$50,000,000” and inserting “$75,000,000”;
(3)in paragraph (3)—(A) in the paragraph heading, by striking “Initial plan” and inserting “Plan required”; and
(B)in the matter preceding subparagraph (A)—(i) by striking “2018” and inserting “2022”; and
(ii)by striking “an initial plan” and inserting “a plan”;
(4)in paragraph (4)—(A) by striking “2024” and inserting “2023”; and
(B)by striking “2025” and inserting “2030”; and
(5)by adding at the end the following new paragraphs:"“(5) Time period.Annual reports.—Not later than March 1, 2023, and annually thereafter through 2030, the Administrator for Nuclear Security shall submit to the congressional defense committees a report with respect to whether the updated plan under paragraph
(3)is being implemented in a manner adequate to achieve the goal specified in paragraph (1).” ". SEC. 3117. EXTENSION OF AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL. Section 4601(c)(1) of the Atomic Energy Defense Act ([50 U.S.C. 2701(c)(1)](/us/usc/t50/s2701/c/1)) is amended by striking “September 30, 2021” and inserting “September 30, 2026”.135 STAT. 2228 SEC. 3118. EXTENSION OF AUTHORITY FOR ACCEPTANCE OF CONTRIBUTIONS FOR ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS, RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT VULNERABLE SITES WORLDWIDE.(a) In General.—Section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ([50 U.S.C. 2569](/us/usc/t50/s2569)) is—(1) transferred to title XLIII of the Atomic Energy Defense Act ([50 U.S.C. 2565 et seq.](/us/usc/t50/s2565/etseq));
(2)redesignated as section 4306B;
(3)inserted after section 4306A; and
(4)amended, in subsection (f)(6), by striking “December 31, 2023” and inserting “December 31, 2028”.
(b)Clerical Amendment.—The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item:" “Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.”. " SEC. 3119. EXTENSION OF ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK. Section 4806(g) of the Atomic Energy Defense Act ([50 U.S.C. 2786(g)](/us/usc/t50/s2786/g)) is amended by striking “June 30, 2023” and inserting “December 31, 2028”. SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT OR RETIRE W76–2 WARHEADS.(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2022 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead.
(b)Waiver.—The Administrator for Nuclear Security may waive the prohibition in subsection
(a)if the Administrator, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees—(1) that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; or
(2)that the Department of Defense does not have a valid military requirement for the W76–2 warhead. SEC. 3121. [50 USC 2521 note](/us/usc/t50/s2521).PORTFOLIO MANAGEMENT FRAMEWORK FOR NATIONAL NUCLEAR SECURITY ADMINISTRATION.(a) Deadline.In General.—Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall—(1) Consultation.in consultation with the Nuclear Weapons Council established under [section 179 of title 10, United States Code](/us/usc/t10/s179), develop and implement a portfolio management framework for the nuclear security enterprise that—(A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs;135 STAT. 2229
(B)establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics;
(C)outlines the approach of the National Nuclear Security Administration to managing that portfolio; and
(D)incorporates the leading practices identified by the Comptroller General of the United States in the report titled “Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts” (GAO–21–398) and dated June 2021; and
(2)Assessment.complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration.
(b)Deadline.Briefing Requirement.—Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on—(1) the progress of the Administrator in developing the framework described in paragraph
(1)of subsection
(a)and completing the assessment required by paragraph
(2)of that subsection; and
(2)the plans of the Administrator for implementing the recommendations of the Comptroller General in the report referred to in paragraph (1)(D) of that subsection.
(c)Nuclear Security Enterprise Defined.—In this section, the term “**nuclear security enterprise**” has the meaning given that term in section 4002 of the Atomic Energy Defense Act ([50 U.S.C. 2501](/us/usc/t50/s2501)). Subtitle C—Reports and Other Matters SEC. 3131. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS.(a) Notification of Employee Practices Affecting National Security.—Section 3245 of the National Nuclear Security Administration Act ([50 U.S.C. 2443](/us/usc/t50/s2443)) is amended by striking subsections
(a)and
(b)and inserting the following new subsections:"“(a) Annual Notification of Security Clearance Revocations.—At or about the time that the President’s budget is submitted to Congress under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a), the Administrator shall notify the appropriate congressional committees of—“(1) the number of covered employees whose security clearance was revoked during the year prior to the year in which the notification is made; and “(2) for each employee counted under paragraph (1), the length of time such employee has been employed at the Administration, as the case may be, since such revocation. “(b) Annual Notification of Terminations and Removals.—Not later than December 31 of each year,Deadline. the Administrator shall notify the appropriate congressional committees of each instance in which the Administrator terminated the employment of a covered employee or removed and reassigned a covered employee for cause during that year.” ".135 STAT. 2230
(b)Reports on Certain Transfers of Civil Nuclear Technology.—Section 3136(a) of the National Defense Authorization Act for Fiscal Year 2016 ([42 U.S.C. 2077a(a)](/us/usc/t42/s2077a/a)) is amended—(1) in the matter preceding paragraph (1), by striking “Not less frequently than every 90 days,” and inserting “At the same time as the President submits to Congress the annual budget request under [section 1105 of title 31, United States Code](/us/usc/t31/s1105), for a fiscal year,”;
(2)in paragraph (1), by striking “the preceding 90 days” and inserting “the preceding year”; and
(3)in the heading, by striking “Report” and inserting “Annual Reports”.
(c)Certain Annual Reviews by Nuclear Science Advisory Committee.—Section 3173(a)(4)(B) of the National Defense Authorization Act for Fiscal Year 2013 ([42 U.S.C. 2065(a)(4)(B)](/us/usc/t42/s2065/a/4/B)) is amended by striking “annual reviews” and inserting “triennial reviews”. SEC. 3132. MODIFICATION TO TERMINOLOGY FOR REPORTS ON FINANCIAL BALANCES FOR ATOMIC ENERGY DEFENSE ACTIVITIES. Section 4732 of the Atomic Energy Defense Act ([50 U.S.C. 2772](/us/usc/t50/s2772)) is amended—(1) in subsection (b)(2)—(A) in subparagraph (G), by striking “committed” and inserting “encumbered”;
(B)in subparagraph (H), by striking “uncommitted” and inserting “unencumbered”; and
(C)in subparagraph (I), by striking “uncommitted” and inserting “unencumbered”; and
(2)in subsection (c)—(A) by striking paragraphs
(1)and (3);
(B)by redesignating paragraphs
(2)and
(4)as paragraphs
(1)and (3), respectively;
(C)in paragraph (1), as redesignated by subparagraph (B), by striking “by the contractor” and inserting “from the contractor”;
(D)by inserting after paragraph (1), as so redesignated, the following new paragraph (2):"“(2) Encumbered.—The term ‘**encumbered**’, with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor.” ";
(E)in paragraph (3), as so redesignated, by striking “by the contractor” and inserting “from the contractor”; and
(F)by inserting after paragraph (3), as so redesignated, the following new paragraph (4):"“(4) Unencumbered.—The term ‘**unencumbered**’, with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor.” ". SEC. 3133. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF THE UNITED STATES NUCLEAR WEAPONS STOCKPILE. Section 4205(e)(3) of the Atomic Energy Defense Act ([50 U.S.C. 2525(e)(3)](/us/usc/t50/s2525/e/3)) is amended—135 STAT. 2231(1) in subparagraph (A), by inserting “, including with respect to cyber assurance,” after “methods”; and
(2)in subparagraph (B), by inserting “, and the confidence of the head in such tools and methods” after “the assessments”. SEC. 3134. REPORT ON PLANT-DIRECTED RESEARCH AND DEVELOPMENT. Section 4812A of the Atomic Energy Defense Act ([50 U.S.C. 2793](/us/usc/t50/s2793)) is amended—(1) by redesignating subsections
(b)and
(c)as subsections
(c)and (d), respectively; and
(2)by inserting after subsection
(a)the following new subsection (b):"“(b) Plant-directed Research and Development.—“(1) In general.—The report required by subsection
(a)shall include, with respect to plant-directed research and development, the following:“(A) A financial accounting of expenditures for such research and development, disaggregated by nuclear weapons production facility. “(B) A breakdown of the percentage of research and development conducted by each such facility that is plant-directed research and development. “(C) An explanation of how each such facility plans to increase the availability and utilization of funds for plant-directed research and development. “(2) Plant-directed research and development defined.—In this subsection, the term ‘**plant-directed research and development**’ means research and development selected by the director of a nuclear weapons production facility.” ". SEC. 3135. REPORTS ON RISKS TO AND GAPS IN INDUSTRIAL BASE FOR NUCLEAR WEAPONS COMPONENTS, SUBSYSTEMS, AND MATERIALS. Section 3113 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283); [50 U.S.C. 2512 note](/us/usc/t50/s2512)) is amended by adding at the end the following new subsection:"“(e) Reports.—The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report—“(1) identifying actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration; “(2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps; “(3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps; “(4) setting forth the anticipated timelines and resources needed for such mitigating actions; and “(5) describing the nature of any coordination with or burden sharing by other departments or agencies of the Federal 135 STAT. 2232 Government or the private sector to address such risks and gaps.” ". SEC. 3136. TRANSFER OF BUILDING LOCATED AT 4170 ALLIUM COURT, SPRINGFIELD, OHIO.(a) In General.—The National Nuclear Security Administration shall release all of its reversionary rights without reimbursement to the building located at 4170 Allium Court, Springfield, Ohio, also known as the Advanced Technical Intelligence Center for Human Capital Development, to the Community Improvement Corporation of Clark County and the Chamber of Commerce.
(b)Fee Simple Interest.—The fee simple interest in the property, on which the building described in subsection
(a)is located, shall be transferred from the Advanced Technical Intelligence Center for Human Capital Development to the Community Improvement Corporation of Clark County prior to or concurrent with the release of the reversionary rights of the National Nuclear Security Administration under subsection (a). SEC. 3137. COMPREHENSIVE STRATEGY FOR TREATING, STORING, AND DISPOSING OF DEFENSE NUCLEAR WASTE RESULTING FROM STOCKPILE MAINTENANCE AND MODERNIZATION ACTIVITIES.(a) Deadline.In General.—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities.
(b)Elements.—The strategy required by subsection
(a)shall include the following:(1) A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and 10 fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission.
(2)Budgetary estimates associated with the projection under paragraph
(1)during the period of five fiscal years after the submission of the strategy.
(3)A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1).
(4)An identification of—(A) disposal facilities that could accept that waste;
(B)disposal facilities that could accept that waste with modifications; and
(C)in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste.
(c)Follow-on Strategy.—Concurrent with the submission of the budget of the President to Congress under section 1105(a) 135 STAT. 2233 of [title 31, United States Code](/us/usc/t31), for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection
(a)that includes—(1) the elements set forth in subsection (b); and
(2)any other matters that the Administrator considers appropriate. SEC. 3138. ACQUISITION OF HIGH-PERFORMANCE COMPUTING CAPABILITIES BY NATIONAL NUCLEAR SECURITY ADMINISTRATION.(a) Roadmap for Acquisition.—(1) Deadline.Time period.In general.—Not later than two years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap.
(2)Elements.—The roadmap required by paragraph
(1)shall include the following:(A) A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1).
(B)An identification of any existing or anticipated gaps in such capabilities.
(C)Time period.A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate.
(D)A description of the strategy of the Administration for acquiring such capabilities.
(E)Assessment.An assessment of the ability of the industrial base to support that strategy.
(F)Such other matters the Administrator considers appropriate.
(3)Consultation and considerations.—In developing the roadmap required by paragraph (1), the Administrator shall—(A) consult with the Secretary of Energy; and
(B)take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)).
(b)Independent Assessment of High-performance Computing Acquisitions.—(1) Contracts.In general.—The Administrator shall seek to enter into an agreement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act.
(2)Elements.—The assessment required by paragraph
(1)of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following:135 STAT. 2234(A) The mission needs of the Administration met by the acquisition.
(B)The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses.
(C)Market research performed by the Advanced Simulation and Computing Program related to the acquisition.
(3)Report required.—(A) In general.—Not later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1).
(B)Form of report.—The report required by subparagraph
(A)shall be submitted in unclassified form but may include a classified annex. SEC. 3139. STUDY ON THE W80–4 NUCLEAR WARHEAD LIFE EXTENSION PROGRAM.(a) Deadline.Study.—Not later than 30 days after the date of the enactment of this Act, the Director for Cost Estimation and Program Evaluation shall initiate a study on the W80–4 nuclear warhead life extension program.
(b)Analysis.Matters Included.—The study under subsection
(a)shall include the following:(1) An explanation of any increases in actual or projected costs of the W80–4 nuclear warhead life extension program.
(2)An analysis of projections of total program costs and planned program schedules.
(3)An analysis of the potential impacts on other programs as a result of additional funding required to maintain the planned program schedule for the W80–4 nuclear warhead life extension program, including with respect to—(A) other life-extension programs;
(B)infrastructure programs; and
(C)research, development, test, and evaluation programs.
(4)An analysis of the impacts that a delay of the program will have on other programs due to—(A) technical or management challenges; and
(B)changes in requirements for the program.
(c)Deadline.Submission.—Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional defense committees the study under subsection (a).
(d)Form.—The study under subsection
(a)shall be in unclassified form, but may include a classified annex. SEC. 3140. STUDY ON RUNIT DOME AND RELATED HAZARDS.(a) Deadline.Contracts.Study.—Not later than 60 days after the date of enactment of this Act, the Secretary of Energy shall seek to enter into an agreement with a federally funded research and development center to conduct a study on the impacts of climate change on the “Runit Dome” nuclear waste disposal site in Enewetak Atoll, Marshall Islands, and on other environmental hazards due to nuclear weapons testing in the vicinity thereof.Threat analysis. The report shall include a scientific analysis of threats to the environment and to the residents of Enewetak Atoll, including—(1) the “Runit Dome” nuclear waste disposal site;135 STAT. 2235
(2)crypts used to contain nuclear waste and other toxins on Enewetak Atoll; and
(3)radionuclides and other toxins present in the lagoon of Enewetak Atoll.
(b)Public Comments.—In conducting the study under subsection (a), the federally funded research and development center shall solicit public comments.
(c)Report.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the study conducted under subsection (a). SEC. 3141. SENSE OF CONGRESS REGARDING COMPENSATION OF INDIVIDUALS RELATING TO URANIUM MINING AND NUCLEAR TESTING.(a) Findings.—Congress makes the following findings:(1) The Radiation Exposure Compensation Act ([Public Law 101–426](/us/pl/101/426); [42 U.S.C. 2210 note](/us/usc/t42/s2210)) was enacted in 1990 to provide monetary compensation to individuals who contracted certain cancers and other serious diseases following their exposure to radiation released during atmospheric nuclear weapons testing during the Cold War or following exposure to radiation as a result of employment in the uranium industry during the Cold War.
(2)The Radiation Exposure Compensation Act expires on July 9, 2022. Unless that Act is extended, individuals who contract certain cancers and other serious diseases because of events described in paragraph
(1)may be unable to claim compensation for such diseases.
(b)Sense of Congress.—It is the sense of Congress that the United States Government should continue to appropriately compensate and recognize the individuals described in subsection (a). TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. SEC. 3201. AUTHORIZATION. There are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ([42 U.S.C. 2286 et seq.](/us/usc/t42/s2286/etseq)). SEC. 3202. REFERENCES TO CHAIRPERSON AND VICE CHAIRPERSON OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD. Chapter 21 of the Atomic Energy Act of 1954 ([42 U.S.C. 2286 et seq.](/us/usc/t42/s2286/etseq)) is amended—(1) [42 USC 2286](/us/usc/t42/s2286).in section 311(c), in the subsection heading, by striking “Chairman, Vice Chairman” and inserting “Chairperson, Vice Chairperson”; and
(2)[42 USC 2286](/us/usc/t42/s2286), 2286b.by striking “Chairman” each place it appears and inserting “Chairperson”.135 STAT. 2236 TITLE XXXIV—NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.(a) Amount.—There are hereby authorized to be appropriated to the Secretary of Energy $13,650,000 for fiscal year 2022 for the purpose of carrying out activities under [chapter 869 of title 10, United States Code](/us/usc/t10/ch869), relating to the naval petroleum reserves.
(b)Period of Availability.—Funds appropriated pursuant to the authorization of appropriations in subsection
(a)shall remain available until expended. TITLE XXXV—MARITIME SECURITY Subtitle A— Maritime Administration Sec. 3501. Authorization of the Maritime Administration. Subtitle B— Other Matters Sec. 3511. Effective period for issuance of documentation for recreational vessels. Sec. 3512. Committees on maritime matters. Sec. 3513. Port Infrastructure Development Program. Sec. 3514. Uses of emerging marine technologies and practices. Sec. 3515. Prohibition on participation of long term charters in Tanker Security Fleet. Sec. 3516. Coastwise endorsement. Sec. 3517. Report on efforts of combatant commands to combat threats posed by illegal, unreported, and unregulated fishing. Sec. 3518. Authorization to purchase duplicate medals. Subtitle A—Maritime Administration SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.(a) In General.—There are authorized to be appropriated to the Department of Transportation for fiscal year 2022 for programs associated with maintaining the United States merchant marine, the following amounts:(1) For expenses necessary for operations of the United States Merchant Marine Academy, $90,532,000, of which—(A) $85,032,000 shall be for Academy operations, which may be used to hire personnel pursuant to subsection
(d)and to implement any recommendations of the Merchant Marine Academy Advisory Council established under subsection (c); and
(B)$5,500,000 shall remain available until expended for capital asset management at the Academy.
(2)For expenses necessary to support the State maritime academies, $50,780,000, of which—(A) $2,400,000 is for the Student Incentive Program;
(B)$6,000,000 is for direct payments;
(C)$3,800,000 is for training ship fuel assistance;
(D)$8,080,000 is for offsetting the costs of training ship sharing; and
(E)$30,500,000 is for maintenance and repair of State maritime academy training vessels.
(3)For expenses necessary to support the National Security Multi-Mission Vessel Program, $315,600,000.135 STAT. 2237
(4)For expenses necessary to support Maritime Administration operations and programs, $60,853,000.
(5)For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $10,000,000.
(6)For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under [chapter 531 of title 46, United States Code](/us/usc/t46/ch531), $318,000,000.
(7)For expenses necessary for the loan guarantee program authorized under [chapter 537 of title 46, United States Code](/us/usc/t46/ch537), $33,000,000, of which—(A) $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 ([2 U.S.C. 661a(5)](/us/usc/t2/s661a/5))) of loan guarantees under the program; and
(B)$3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.
(8)For expenses necessary to provide for the Tanker Security Fleet, as authorized under [chapter 534 of title 46, United States Code](/us/usc/t46/ch534), $60,000,000.
(9)For expenses necessary to support maritime environmental and technical assistance activities authorized under [section 50307 of title 46, United States Code](/us/usc/t46/s50307), $10,000,000.
(10)For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $11,000,000.
(11)For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under [section 54101 of title 46, United States Code](/us/usc/t46/s54101), $40,000,000.
(12)For expenses necessary to implement the Port and Intermodal Improvement Program, $750,000,000, to remain available until expended, except that no such funds may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored with or without the exercise of human intervention or control, if the Secretary determines such equipment would result in a net loss of jobs within a port of port terminal.
(b)Availability of Amounts.—The amounts authorized to be appropriated under subsection
(a)shall remain available as follows:(1) The amounts authorized to be appropriated under paragraphs (1)(A), (2)(A), and (4)(A) shall remain available until September 30, 2022.
(2)The amounts authorized to be appropriated under paragraphs (1)(B), (2)(B), (D), and (E), (3), (4)(B), (5), (6), (7)(A), (8), and
(9)shall remain available until expended without fiscal year limitation.
(c)United States Merchant Marine Academy Advisory Council; Unfilled Vacancies.—(1) In general.—[Chapter 513 of title 46, United States Code](/us/usc/t46/ch513), is amended by adding at the end the following new sections:135 STAT. 2238 "“§ 51323.[46 USC 51323](/us/usc/t46/s51323). United States Merchant Marine Academy Advisory Council“(a) Establishment.—The Secretary of Transportation shall establish an advisory council, to be known as the ‘United States Merchant Marine Academy Advisory Council’ (in this section referred to as the ‘Council’). “(b) Membership.—“(1) Determination.In general.—The Secretary shall select not fewer than 8 and not more than 14 individuals to serve as members of the Council. Such individuals shall have such expertise as the Secretary determines necessary and appropriate for providing advice and guidance on improving the Academy. “(2) Governmental experts.—The number of members of the Council who are employees of the Federal Government may not exceed the number of members of the Council who are not employees of the Federal Government. “(3) Employee status.—Members of the Council shall not be considered employees of the United States Government by reason of their membership on the Council for any purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5. “(c) Responsibilities.—The Council shall provide advice to the Secretary at the time and in the manner requested by the Secretary. “(d) Compliance.Personally Identifiable Information.—In carrying out its responsibilities under this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally identifiable information. “§ 51324.46 USCprec. 51301. Unfilled vacancies“(a) In General.—In the event of an unfilled vacancy for any critical position at the United States Merchant Marine Academy, the Secretary of Transportation may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of that title, a qualified candidate for the purposes of filling up to 20 of such positions. “(b) Critical Position Defined.—In this section, the term ‘**critical position**’ means a position that contributes to the improvement of—“(1) the culture or infrastructure of the Academy; “(2) student health and well being; “(3) Academy governance; or “(4) any other priority areas identified by the Council.” ".
(2)Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new items:" “51323. United States Merchant Marine Academy Advisory Council. “51324. Unfilled vacancies.”. " Subtitle B—Other Matters SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION FOR RECREATIONAL VESSELS. [Section 12105(e)(2) of title 46, United States Code](/us/usc/t46/s12105/e/2), is amended—135 STAT. 2239(1) by striking subparagraphs
(A)and
(B)and inserting the following:"“(A) In general.—The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof.” "; and
(2)by redesignating subparagraph
(C)as subparagraph (B). SEC. 3512. COMMITTEES ON MARITIME MATTERS.(a) In General.—(1) 46 USCprec. 50401.[Chapter 555 of title 46, United States Code](/us/usc/t46/ch555), is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title.
(2)Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking “**MISCELLANEOUS**” and inserting “**COMMITTEES**”.
(3)[46 USC 55502 note](/us/usc/t46/s55502).Sections 55501 and 55502 of such title are redesignated as section 50401 and section 50402, respectively, of such title and transferred to appear in chapter 504 of such title (as redesignated by paragraph (1)).
(4)The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: “united states committee on the marine transportation system”.
(b)Conforming Amendment.—Section 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([Public Law 116–283](/us/pl/116/283)))[46 USC 50402 note](/us/usc/t46/s50402). is amended by striking “section 55502” and inserting “section 50402”.
(c)Clerical Amendments.—(1) The analysis for [chapter 504 of title 46, United States Code](/us/usc/t46/ch504), as redesignated by subsection (a)(1),46 USCprec. 50101. is amended to read as follows:" “Chapter 504— Committees “Sec. “50401. United States Committee on the Marine Transportation System. “50402. Maritime Transportation System National Advisory Committee.”. "
(2)The table of chapters for [subtitle V of title 46, United States Code](/us/usc/t46/stV), is amended—(A) by inserting after the item relating to chapter 503 the following:" **“504. ** **Committees** **50401”; and** "
(B)by striking the item relating to chapter 555. SEC. 3513. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.(a) In General.—(1) [Part C of subtitle V of title 46, United States Code](/us/usc/t46/stV/ptC), is amended by adding at the end the following:"“CHAPTER 543—PORT46 USCprec. 54301. INFRASTRUCTURE DEVELOPMENT PROGRAM “Sec. “54301. Port infrastructure development program. 135 STAT. 2240 “§ 54301.[46 USC 54301](/us/usc/t46/s54301). Port infrastructure development program” ".
(2)Subsections (c), (d), and
(e)of section 50302 of such title are redesignated as subsections (a), (b), and
(c)of section 54301 of such title, respectively, and transferred to appear in chapter 543 of such title (as added by paragraph (1)).
(b)Amendments to Section 54301.—Section 54301 of such title, as redesignated by subsection (a)(2), is amended—(1) in subsection (a)—(A) in paragraph
(2)by striking “or subsection (d)” and inserting “or subsection (b)”;
(B)in paragraph (3)(A)(ii)—(i) in subclause
(II)by striking “; or” and inserting a semicolon;
(ii)by striking subclause (III); and
(iii)by adding at the end the following:"“(III) operational improvements, including projects to improve port resilience; or “(IV) environmental and emission mitigation measures; including projects for—“(aa) port electrification or electrification master planning; “(bb) harbor craft or equipment replacements or retrofits; “(cc) development of port or terminal microgrids; “(dd) providing idling reduction infrastructure; “(ee) purchase of cargo handling equipment and related infrastructure; “(ff) worker training to support electrification technology; “(gg) installation of port bunkering facilities from oceangoing vessels for fuels; “(hh) electric vehicle charge or hydrogen refueling infrastructure for drayage and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or “(ii) other related port activities, including charging infrastructure, electric rubber-tired gantry cranes, and anti-idling technologies.” ";
(C)in paragraph (5)—(i) in subparagraph
(A)by striking “or subsection (d)” and inserting “or subsection (b)”; and
(ii)in subparagraph
(B)by striking “subsection (d)” and inserting “subsection (b)”;
(D)in paragraph (6)(B)—(i) in clause
(i)by striking “; and” and inserting a semicolon;
(ii)in clause
(ii)by striking the period and inserting “; and”; and
(iii)by adding at the end the following:"“(iii) a port’s increased resilience as a result of the project.” ";
(E)in paragraph (7)—(i) in subparagraph (B)—135 STAT. 2241(I) by striking “subsection (d)” in each place it appears and inserting “subsection (b)”; and
(II)by striking “18 percent” and inserting “25 percent”;
(ii)in subparagraph
(C)by striking “subsection (d)(3)(A)(ii)(III)” and inserting “subsection (b)(3)(A)(ii)(III)”;
(F)in paragraph (8)—(i) in subparagraph
(A)by striking “or subsection (d)” and inserting “or subsection (b)”; and
(ii)in subparagraph (B)—(I) in clause
(i)by striking “subsection (d)” and inserting “subsection (b)”; and
(II)in clause
(ii)by striking “subsection (d)” and inserting “subsection (b)”;
(G)in paragraph
(9)by striking “subsection (d)” and inserting “subsection (b)”;
(H)in paragraph (10)—(i) in subparagraph (A), by striking “subsection (d)” and inserting “subsection (b)”;
(ii)by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), respectively; and
(iii)by inserting after subparagraph
(A)the following new subparagraph (B):"“(B) Efficient use of non-federal funds.—“(i) In general.—Notwithstanding any other provision of law ans subject to approval by the Secretary, in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed—“(I) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and “(II) any non-Federal funds obligated or expended in accordance with subclause
(I)shall be credited toward the non-Federal cost share for the project for which the grant is provided. “(ii) Requirements.—“(I) Application.—In order to obligate and expend non-Federal funds under clause (i), the grant recipient shall submit to the Secretary a request to obligate and expend non- Federal funds under that clause, including—“(aa) a description of the activities the grant recipient intends to fund; “(bb) a justification for advancing the activities described in item (aa), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and “(cc) the level of risk of the activities described in item (aa). “(II) Approval.—The Secretary shall approve or disapprove each request submitted under subclause (I).135 STAT. 2242 “(III) Compliance with applicable requirements.—Any obligation or expenditure of non-Federal funds under clause
(i)shall be in compliance with all applicable requirements, including any requirements included in the grant agreement. “(iii) Effect.—The obligation or expenditure of any non-Federal funds in accordance with this subparagraph shall not—“(I) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; “(II) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or “(III) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in clause (i).” "; and
(I)in paragraph (12)—(i) by striking “subsection (d)” and inserting “subsection (b)”; and
(ii)by adding at the end the following:"“(D) Resilience.—The term ‘**resilience**’ means the ability to anticipate, prepare for, adapt to, withstand, respond to, and recover from operational disruptions and sustain critical operations at ports, including disruptions caused by natural or manmade hazards, such as sea level rise, flooding, earthquakes, hurricanes, tsunami inundation or other extreme weather events.” ";
(2)in subsection (b)—(A) in the subsection heading by striking “Inland” and inserting “Inland River”;
(B)in paragraph
(1)by striking “subsection (c)(7)(B)” and inserting “subsection (a)(7)(B)”;
(C)in paragraph (3)(A)(ii)(III) by striking “subsection (c)(3)(B)” and inserting “subsection (a)(3)(B)”; and
(D)in paragraph (5)(A) by striking “subsection (c)(8)(B)” and inserting “subsection (a)(8)(B)”; and
(3)in subsection (c)—(A) by striking “subsection
(c)or subsection (d)” and inserting “subsection
(a)or subsection (b)”; and
(B)by striking “subsection (c)(2)” and inserting “subsection (a)(2)”.
(c)Grants for Emission Mitigation Measures.—For fiscal year 2022, the Secretary may make grants under [section 54301(a) of title 46, United States Code](/us/usc/t46/s54301/a), as redesignated by subsection (a)(2) and amended by subsection (b), to provide for emission mitigation measures that provide for the use of shore power for vessels to which sections 3507 and 3508 of such title apply, if such grants meet the other requirements set out in such section 54301(a).
(d)Clerical Amendments.—The table of chapters for [subtitle V of title 46, United States Code](/us/usc/t46/stV),[46 USC ](/us/usc/t46)prec. 50101. as amended by this title, is further amended by inserting after the item relating to chapter 541 the following:" **“543. ** **Port Infrastructure Development Program** **54301”.** "135 STAT. 2243 SEC. 3514. USES OF EMERGING MARINE TECHNOLOGIES AND PRACTICES. [Section 50307 of title 46, United States Code](/us/usc/t46/s50307), is amended—(1) by redesignating subsection
(e)as subsection (f); and
(2)by inserting after subsection
(d)the following new subsection (e):"“(e) Uses.—The results of activities conducted under subsection (b)(1) shall be used to inform—“(1) the policy decisions of the United States related to domestic regulations; and “(2) the position of the United States on matters before the International Maritime Organization.” ". SEC. 3515. PROHIBITION ON PARTICIPATION OF LONG TERM CHARTERS IN TANKER SECURITY FLEET.(a) Definition of Long Term Charter.—[Section 53401 of title 46, United States Code](/us/usc/t46/s53401), is amended by adding at the end the following new paragraph:"“(8) Long term charter.—The term ‘**long term charter**’ means any time charter of a product tank vessel to the United States Government that, together with options, occurs for a continuous period of more than 180 days.” ".
(b)Participation of Long Term Charters in Tanker Security Fleet.—Section 53404(b) of such title is amended—(1) by striking “The program participant of a” and inserting “Any”;
(2)by inserting “long term” before “charter”;
(3)by inserting “not” before “eligible”; and
(4)by striking “receive payments pursuant to any operating agreement that covers such vessel” and inserting “participate in the Fleet”. SEC. 3516. COASTWISE ENDORSEMENT. Notwithstanding [section 12112 of title 46, United States Code](/us/usc/t46/s12112), the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel WIDGEON (United States official number 1299656). SEC. 3517. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT THREATS POSED BY ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.(a) Consultation.Determination.Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Director of the Office of Naval Research, the co-chairs of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ([16 U.S.C. 8031](/us/usc/t16/s8031)), and the heads of other relevant agencies, as determined by the Secretary, shall submit to the appropriate congressional committees a report on the combatant commands’ maritime domain awareness efforts to combat the threats posed by illegal, unreported, and unregulated fishing.
(b)Summary.Contents of Report.—The report required by subsection
(a)shall include a detailed summary of each of the following for each combatant command:(1) The activities undertaken to date to combat the threats posed by illegal, unreported, and unregulated fishing in the 135 STAT. 2244 geographic area of the combatant command, including the steps taken to build partner capacity to combat such threats.
(2)Coordination with the Armed Forces of the United States, partner nations, and public-private partnerships to combat such threats.
(3)Efforts undertaken to support unclassified data integration, analysis, and delivery with regional partners to combat such threats.
(4)Information sharing and coordination with efforts of the collaborative interagency working group on maritime security and IUU fishing established under section 3551 of the Maritime Security and Fisheries Enforcement Act ([16 U.S.C. 8031](/us/usc/t16/s8031)).
(5)Best practices and lessons learned from existing and previous efforts relating to such threats, including strategies for coordination and success in public-private partnerships.
(6)Limitations related to affordability, resource constraints, or other gaps or factors that affect the success or expansion of efforts related to such threats.
(7)Any new authorities needed to support efforts to combat such threats.
(c)Form of Report.—The report required by subsection
(a)shall be submitted in unclassified form, but may include a classified annex.
(d)Appropriate Congressional Committees.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2)the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. SEC. 3518. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS.(a) In General.—The Secretary of Transportation, acting through the Administrator of the Maritime Administration, may use funds appropriated for the fiscal year in which the date of the enactment of this Act occurs, or funds appropriated for any prior fiscal year, for the Maritime Administration to purchase duplicate medals authorized under the Merchant Mariners of World War II Congressional Gold Medal Act of 2020 ([Public Law 116–125](/us/pl/116/125)) and provide such medals to eligible individuals who engaged in qualified service who submit an application under subsection
(b)and were United States merchant mariners of World War II.
(b)Application.—To be eligible to receive a medal described in subsection (a), an eligible individual who engaged in qualified service shall submit to the Administrator an application containing such information and assurances as the Administrator may require.
(c)Eligible Individual Who Engaged in Qualified Service.—In this section,Definition. the term “**eligible individual who engaged in qualified service**” means an individual who, between December 7, 1941, and December 31, 1946—(1) was a member of the United States merchant marine, including the Army Transport Service and the Navy Transport Service, serving as a crewmember of a vessel that was—135 STAT. 2245(A) operated by the War Shipping Administration, the Office of Defense Transportation, or an agent of such departments;
(B)operated in waters other than inland waters, the Great Lakes, and other lakes, bays, or harbors of the United States;
(C)under contract or charter to, or property of, the Government of the United States; and
(D)serving in the Armed Forces; and
(2)while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. DIVISION D—FUNDING TABLES SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.(a) In General.—Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
(b)Merit-based Decisions.—(1) In general.—A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection
(a)shall—(A) except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of [title 10, United States Code](/us/usc/t10), or on competitive procedures; and
(B)Compliance.comply with other applicable provisions of law.
(2)Exception.—Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection
(a)if the project, program, or activity involved—(A) is listed in section 4201; and
(B)is identified as Community Project Funding through the inclusion of the abbreviation “CPF” immediately before the name of the project, program, or activity.
(c)Relationship to Transfer and Programming Authority.—An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
(d)Applicability to Classified Annex.—This section applies to any classified annex that accompanies this Act.
(e)Oral and Written Communications.—No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.135 STAT. 2246 TITLE XLI—PROCUREMENT SEC. 4101. PROCUREMENT. **SEC. 4101. PROCUREMENT****(In Thousands of Dollars)** **Line****Item****FY 2022****Request****Conference****Authorized** **AIRCRAFT PROCUREMENT, ARMY** **FIXED WING** 001UTILITY F/W AIRCRAFT20,000 Program increase—fixed wing avionics upgrade[20,000] 004SMALL UNMANNED AIRCRAFT SYSTEM16,00516,005 **ROTARY** 007AH–64 APACHE BLOCK IIIA REMAN504,136494,136 Unit cost growth[–10,000] 008AH–64 APACHE BLOCK IIIA REMAN192,230192,230 010UH–60 BLACKHAWK M MODEL (MYP)630,263841,763 UH–60 Black Hawk for Army Guard[211,500] 011UH–60 BLACKHAWK M MODEL (MYP)146,068146,068 012UH–60 BLACK HAWK L AND V MODELS166,205166,205 013CH–47 HELICOPTER145,218397,218 Army UFR—Support minimum sustainment rate[252,000] 014CH–47 HELICOPTER AP18,55947,559 Program increase—F Block II[29,000] **MODIFICATION OF AIRCRAFT** 017GRAY EAGLE MODS23,14333,143 Program increase—recapitalization of legacy MQ–1C to extended range MDO configuration[30,000] 018MULTI SENSOR ABN RECON127,665122,910 Unjustified cost—spares[–4,755] 019AH–64 MODS118,560118,560 020CH–47 CARGO HELICOPTER MODS (MYP)9,91811,918 Program increase—improved vibration control[2,000] 021GRCS SEMA MODS2,7622,762 022ARL SEMA MODS9,4379,437 023EMARSS SEMA MODS1,5681,568 024UTILITY/CARGO AIRPLANE MODS8,5308,530 025UTILITY HELICOPTER MODS15,82640,826 UH–72 modernization[25,000] 026NETWORK AND MISSION PLAN29,20629,206 027COMMS, NAV SURVEILLANCE58,11758,117 029AVIATION ASSURED PNT47,02845,862 Excess to need[–1,166] 030GATM ROLLUP16,77616,776 032UAS MODS3,8403,840 **GROUND SUPPORT AVIONICS** 033AIRCRAFT SURVIVABILITY EQUIPMENT64,56164,561 034SURVIVABILITY CM5,1045,104 035CMWS148,570148,570 036COMMON INFRARED COUNTERMEASURES (CIRCM)240,412238,012 Training support cost growth[–2,400] **OTHER SUPPORT** 038COMMON GROUND EQUIPMENT13,56113,561 039AIRCREW INTEGRATED SYSTEMS41,42541,425 040AIR TRAFFIC CONTROL21,75921,759 **TOTAL AIRCRAFT PROCUREMENT, ARMY****2,806,452****3,357,631** **MISSILE PROCUREMENT, ARMY** **SURFACE-TO-AIR MISSILE SYSTEM** 002LOWER TIER AIR AND MISSILE DEFENSE
(AMD)SEN35,47335,473 003M-SHORAD—PROCUREMENT331,575331,575 004MSE MISSILE776,696776,696 005PRECISION STRIKE MISSILE (PRSM)166,130166,130 006INDIRECT FIRE PROTECTION CAPABILITY INC 2–I25,25320,253 Maintain level of effort[–5,000] **AIR-TO-SURFACE MISSILE SYSTEM** 007HELLFIRE SYS SUMMARY118,800115,800 Unit cost growth[–3,000] 008JOINT AIR-TO-GROUND MSLS (JAGM)152,177214,177135 STAT. 2247 Army UFR—Additional JAGM procurement[67,000] Unit cost growth[–5,000] 009LONG RANGE PRECISION MUNITION44,74444,744 **ANTI-TANK/ASSAULT MISSILE SYS** 010JAVELIN (AAWS-M) SYSTEM SUMMARY120,842125,842 Army UFR—Light Weight Command Launch Units[5,000] 011TOW 2 SYSTEM SUMMARY104,412102,412 Excess to need[–2,000] 012GUIDED MLRS ROCKET (GMLRS)935,917968,262 Army UFR—Restores GMLRS procurement[50,000] Tooling request previously funded[–17,655] 013MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR)29,57429,574 014HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS128,438128,438 016LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS68,27868,278 **MODIFICATIONS** 017PATRIOT MODS205,469205,469 021AVENGER MODS11,22711,227 022ITAS/TOW MODS4,5614,561 023MLRS MODS273,856273,856 024HIMARS MODIFICATIONS7,1927,192 **SPARES AND REPAIR PARTS** 025SPARES AND REPAIR PARTS5,0195,019 **SUPPORT EQUIPMENT & FACILITIES** 026AIR DEFENSE TARGETS10,61810,618 **TOTAL MISSILE PROCUREMENT, ARMY****3,556,251****3,645,596** **PROCUREMENT OF W&TCV, ARMY** **TRACKED COMBAT VEHICLES** 001ARMORED MULTI PURPOSE VEHICLE (AMPV)104,727104,727 002ASSAULT BREACHER VEHICLE (ABV)16,45416,454 003MOBILE PROTECTED FIREPOWER286,977286,977 **MODIFICATION OF TRACKED COMBAT VEHICLES** 005STRYKER UPGRADE1,005,0281,120,028 Excess growth[–24,000] Program increase[139,000] 006BRADLEY PROGRAM (MOD)461,385538,354 Army UFR—Improved Bradley Acquisition System upgrade[56,969] Program increase[20,000] 007M109 FOV MODIFICATIONS2,5342,534 008PALADIN INTEGRATED MANAGEMENT (PIM)446,430673,430 Army UFR—PIM increase[227,000] 009IMPROVED RECOVERY VEHICLE (M88A2 HERCULES)52,05952,059 010ASSAULT BRIDGE (MOD)2,1362,136 013JOINT ASSAULT BRIDGE110,773110,773 015ABRAMS UPGRADE PROGRAM981,3371,350,337 Army UFR—Abrams ARNG M1A2SEPv3 fielding[369,000] 016VEHICLE PROTECTION SYSTEMS (VPS)80,28680,286 **WEAPONS & OTHER COMBAT VEHICLES** 018MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S31,62331,623 019MORTAR SYSTEMS37,48550,338 Army UFR—120mm mortar cannon[12,853] 020XM320 GRENADE LAUNCHER MODULE (GLM)8,6668,666 021PRECISION SNIPER RIFLE11,04010,040 Unit cost growth[–1,000] 023CARBINE4,4344,434 024NEXT GENERATION SQUAD WEAPON97,08797,087 026HANDGUN4,9304,930 **MOD OF WEAPONS AND OTHER COMBAT VEH** 027MK–19 GRENADE MACHINE GUN MODS13,02713,027 028M777 MODS21,97623,771 Army UFR—Software Defined Radio-Hardware Integration Kits[1,795] 030M2 50 CAL MACHINE GUN MODS3,61221,527 Army UFR—Additional M2A1s for MATVs[17,915] **SUPPORT EQUIPMENT & FACILITIES** 036ITEMS LESS THAN $5.0M (WOCV-WTCV)1,0681,068 037PRODUCTION BASE SUPPORT (WOCV-WTCV)90,81990,819 **TOTAL PROCUREMENT OF W&TCV, ARMY****3,875,893****4,695,425**135 STAT. 2248 **PROCUREMENT OF AMMUNITION, ARMY** **SMALL/MEDIUM CAL AMMUNITION** 001CTG, 5.56MM, ALL TYPES47,49079,890 Army UFR—Enhanced Performance Round and Tracer[32,400] 002CTG, 7.62MM, ALL TYPES74,870101,926 Program increase[28,473] Unit cost growth[–1,417] 003NEXT GENERATION SQUAD WEAPON AMMUNITION76,79476,794 004CTG, HANDGUN, ALL TYPES7,8127,812 005CTG, .50 CAL, ALL TYPES29,71658,116 Program increase[28,400] 006CTG, 20MM, ALL TYPES4,3714,371 008CTG, 30MM, ALL TYPES34,51134,511 009CTG, 40MM, ALL TYPES35,23146,731 Army UFR—MK19 training and war reserves[14,000] BA54 and BA55 uncertainty[–2,500] **MORTAR AMMUNITION** 01060MM MORTAR, ALL TYPES23,21923,219 01181MM MORTAR, ALL TYPES52,13552,135 012120MM MORTAR, ALL TYPES104,14498,944 Unit cost growth[–5,200] **TANK AMMUNITION** 013CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES224,503217,603 Unit cost growth[–6,900] **ARTILLERY AMMUNITION** 014ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES26,70957,553 Army UPL[30,844] 015ARTILLERY PROJECTILE, 155MM, ALL TYPES174,015174,715 Army UFR—Additional inventory[5,000] Unit cost growth[–4,300] 016PROJ 155MM EXTENDED RANGE M98273,49861,498 Unit cost growth[–12,000] 017ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL150,873143,373 Unit cost growth[–7,500] **MINES** 018MINES & CLEARING CHARGES, ALL TYPES25,98020,980 Excess to need[–5,000] 019CLOSE TERRAIN SHAPING OBSTACLE34,76134,761 **ROCKETS** 020SHOULDER LAUNCHED MUNITIONS, ALL TYPES24,40822,408 Excess to need[–2,000] 021ROCKET, HYDRA 70, ALL TYPES109,536117,536 Program increase[8,000] **OTHER AMMUNITION** 022CAD/PAD, ALL TYPES6,5496,549 023DEMOLITION MUNITIONS, ALL TYPES27,90427,904 024GRENADES, ALL TYPES37,43737,437 025SIGNALS, ALL TYPES7,5307,530 026SIMULATORS, ALL TYPES8,3508,350 027REACTIVE ARMOR TILES17,75517,755 **MISCELLANEOUS** 028AMMO COMPONENTS, ALL TYPES2,7842,784 029ITEMS LESS THAN $5 MILLION (AMMO)17,79717,797 030AMMUNITION PECULIAR EQUIPMENT12,29012,290 031FIRST DESTINATION TRANSPORTATION (AMMO)4,3314,331 032CLOSEOUT LIABILITIES9999 **PRODUCTION BASE SUPPORT** 034INDUSTRIAL FACILITIES538,120642,620 Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia[40,000] Army UFR—Environmental, Safety, Construction, Maintenance and Repair of GOCO Facilities in VA, TN, MO, PA, & IA[40,000] Army UFR—Pyrotechnics Energetic Capability
(PEC)construction at Lake City Army Ammunition Plant (LCAAP), Missouri[12,000]135 STAT. 2249 Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia[12,500] 035CONVENTIONAL MUNITIONS DEMILITARIZATION139,410232,410 Program increase[93,000] 036ARMS INITIATIVE3,1783,178 **TOTAL PROCUREMENT OF AMMUNITION, ARMY****2,158,110****2,455,910** **OTHER PROCUREMENT, ARMY** **TACTICAL VEHICLES** 002SEMITRAILERS, FLATBED:12,53918,931 Army UFR—M872 semitrailer[6,392] 003SEMITRAILERS, TANKERS17,98517,985 004HI MOB MULTI-PURP WHLD VEH (HMMWV)60,70660,706 005GROUND MOBILITY VEHICLES (GMV)29,80737,307 Program increase—infantry squad vehicle[7,500] 008JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL574,562605,562 Army UFR—Additional JLTV fielding[120,000] Early to need[–89,000] 009TRUCK, DUMP, 20T (CCE)9,88219,632 Program increase[9,750] 010FAMILY OF MEDIUM TACTICAL VEH (FMTV)36,88561,885 Program increase[25,000] 011FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE16,45016,450 012FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP26,25626,256 013FAMILY OF HEAVY TACTICAL VEHICLES (FHTV)64,28264,282 014PLS ESP16,94316,943 015HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV109,000 Program increase[109,000] 017TACTICAL WHEELED VEHICLE PROTECTION KITS17,95717,957 018MODIFICATION OF IN SVC EQUIP29,349212,650 HMMWV modifications[183,301] **NON-TACTICAL VEHICLES** 020PASSENGER CARRYING VEHICLES1,2321,232 021NONTACTICAL VEHICLES, OTHER24,24619,246 Excess carryover[–5,000] **COMM—JOINT COMMUNICATIONS** 022SIGNAL MODERNIZATION PROGRAM140,036142,536 Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot[2,500] 023TACTICAL NETWORK TECHNOLOGY MOD IN SVC436,524429,024 Excess to need[–7,500] 025DISASTER INCIDENT RESPONSE COMMS TERMINAL3,8633,863 026JCSE EQUIPMENT (USRDECOM)4,8454,845 **COMM—SATELLITE COMMUNICATIONS** 029DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS97,36997,369 030TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS120,550120,550 031SHF TERM38,12938,129 032ASSURED POSITIONING, NAVIGATION AND TIMING115,291112,791 Excess to need[–2,500] 033SMART-T (SPACE)15,40715,407 034GLOBAL BRDCST SVC—GBS2,7632,763 **COMM—C3 SYSTEM** 037COE TACTICAL SERVER INFRASTRUCTURE (TSI)99,85899,858 **COMM—COMBAT COMMUNICATIONS** 038HANDHELD MANPACK SMALL FORM FIT (HMS)775,069730,069 Cost deviation[–5,000] Single channel data radio program decrease[–35,000] Support cost excess to need[–5,000] 040ARMY LINK 16 SYSTEMS17,74917,749 042UNIFIED COMMAND SUITE17,98417,984 043COTS COMMUNICATIONS EQUIPMENT191,702185,702 Unit cost growth[–6,000] 044FAMILY OF MED COMM FOR COMBAT CASUALTY CARE15,95715,957 045ARMY COMMUNICATIONS & ELECTRONICS89,44179,441 Insufficient justification[–10,000] **COMM—INTELLIGENCE COMM**135 STAT. 2250 047CI AUTOMATION ARCHITECTURE-INTEL13,31713,317 048DEFENSE MILITARY DECEPTION INITIATIVE5,2075,207 049MULTI-DOMAIN INTELLIGENCE20,09520,095 **INFORMATION SECURITY** 051INFORMATION SYSTEM SECURITY PROGRAM-ISSP987987 052COMMUNICATIONS SECURITY (COMSEC)126,273126,273 053DEFENSIVE CYBER OPERATIONS27,38931,489 Army UFR—Cybersecurity / IT Network Mapping[4,100] 056SIO CAPABILITY21,30321,303 057BIOMETRIC ENABLING CAPABILITY (BEC)914914 **COMM—LONG HAUL COMMUNICATIONS** 059BASE SUPPORT COMMUNICATIONS9,20924,209 Land mobile radios[15,000] **COMM—BASE COMMUNICATIONS** 060INFORMATION SYSTEMS219,026219,026 061EMERGENCY MANAGEMENT MODERNIZATION PROGRAM4,8754,875 064INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM223,001225,041 EUCOM UFR—Mission Partner Environment[2,040] **ELECT EQUIP—TACT INT REL ACT (TIARA)** 067JTT/CIBS-M5,4635,463 068TERRESTRIAL LAYER SYSTEMS (TLS)39,24039,240 070DCGS-A-INTEL92,613119,563 Army UFR—Additional fixed node cloud servers[26,950] 071JOINT TACTICAL GROUND STATION (JTAGS)-INTEL8,0888,088 072TROJAN30,82830,828 073MOD OF IN-SVC EQUIP (INTEL SPT)39,03939,039 074BIOMETRIC TACTICAL COLLECTION DEVICES11,09711,097 **ELECT EQUIP—ELECTRONIC WARFARE (EW)** 076EW PLANNING & MANAGEMENT TOOLS (EWPMT)783783 077AIR VIGILANCE (AV)13,48613,486 079FAMILY OF PERSISTENT SURVEILLANCE CAP.14,41414,414 080COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES19,11119,111 081CI MODERNIZATION421421 **ELECT EQUIP—TACTICAL SURV. (TAC SURV)** 082SENTINEL MODS47,64247,642 083NIGHT VISION DEVICES1,092,341828,875 IVAS ahead of need[–213,466] Transfer to RDTE, Army line 98[–50,000] 084SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF21,10321,103 085INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS6,1536,153 086FAMILY OF WEAPON SIGHTS (FWS)184,145184,145 087ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE2,3712,371 088FORWARD LOOKING INFRARED (IFLIR)11,92911,929 089COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS)60,05860,058 090JOINT BATTLE COMMAND—PLATFORM (JBC-P)263,661259,661 Unit cost growth[–4,000] 091JOINT EFFECTS TARGETING SYSTEM (JETS)62,08262,082 093COMPUTER BALLISTICS: LHMBC XM322,8112,811 094MORTAR FIRE CONTROL SYSTEM17,23617,236 095MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS2,8302,830 096COUNTERFIRE RADARS31,69426,694 Excess to need[–5,000] **ELECT EQUIP—TACTICAL C2 SYSTEMS** 097ARMY COMMAND POST INTEGRATED INFRASTRUCTURE49,41049,410 098FIRE SUPPORT C2 FAMILY9,8539,853 099AIR & MSL DEFENSE PLANNING & CONTROL SYS67,19367,193 100IAMD BATTLE COMMAND SYSTEM301,872291,872 Excess costs previously funded[–10,000] 101LIFE CYCLE SOFTWARE SUPPORT (LCSS)5,1825,182 102NETWORK MANAGEMENT INITIALIZATION AND SERVICE31,34931,349 104GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A)11,27111,271 105INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A)16,07716,077 107MOD OF IN-SVC EQUIPMENT (ENFIRE)3,1609,160 Program increase—land surveying systems[6,000] **ELECT EQUIP—AUTOMATION** 108ARMY TRAINING MODERNIZATION9,8339,833135 STAT. 2251 109AUTOMATED DATA PROCESSING EQUIP130,924133,924 Army UFR—ATRRS unlimited data rights[3,000] 110ACCESSIONS INFORMATION ENVIRONMENT (AIE)44,63539,635 Program decrease[–5,000] 111GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM1,4521,452 112HIGH PERF COMPUTING MOD PGM (HPCMP)69,94369,943 113CONTRACT WRITING SYSTEM16,95716,957 114CSS COMMUNICATIONS73,11073,110 115RESERVE COMPONENT AUTOMATION SYS (RCAS)12,90512,905 **ELECT EQUIP—SUPPORT** 117BCT EMERGING TECHNOLOGIES13,83513,835 **CLASSIFIED PROGRAMS** 9999CLASSIFIED PROGRAMS18,30418,304 **CHEMICAL DEFENSIVE EQUIPMENT** 119BASE DEFENSE SYSTEMS (BDS)62,29562,295 120CBRN DEFENSE55,63255,632 **BRIDGING EQUIPMENT** 122TACTICAL BRIDGING9,6259,625 123TACTICAL BRIDGE, FLOAT-RIBBON76,08276,082 124BRIDGE SUPPLEMENTAL SET19,86719,867 125COMMON BRIDGE TRANSPORTER
(CBT)RECAP109,796109,796 **ENGINEER (NON-CONSTRUCTION) EQUIPMENT** 126HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST5,6285,628 128HUSKY MOUNTED DETECTION SYSTEM (HMDS)26,82375,123 Army UFR—Additional HMDS[48,300] 131ROBOTICS AND APPLIQUE SYSTEMS124,233134,233 Army UFR—Common Robotic System-Individual (CRS-I)[10,000] 132RENDER SAFE SETS KITS OUTFITS84,00087,158 Army UFR—Additional render safe equipment[3,158] **COMBAT SERVICE SUPPORT EQUIPMENT** 134HEATERS AND ECU’S7,1165,116 Contract delay[–2,000] 135SOLDIER ENHANCEMENT1,2867,786 Program increase[6,500] 136PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS)9,7419,741 137GROUND SOLDIER SYSTEM150,244150,244 138MOBILE SOLDIER POWER17,81517,815 139FORCE PROVIDER28,86028,860 140FIELD FEEDING EQUIPMENT2,3212,321 141CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM40,24040,240 142FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS36,16336,163 **PETROLEUM EQUIPMENT** 144QUALITY SURVEILLANCE EQUIPMENT744744 145DISTRIBUTION SYSTEMS, PETROLEUM & WATER72,29676,716 Army UFR—Modular Fuel System (MFS)[4,420] **MEDICAL EQUIPMENT** 146COMBAT SUPPORT MEDICAL122,145122,145 **MAINTENANCE EQUIPMENT** 147MOBILE MAINTENANCE EQUIPMENT SYSTEMS14,75612,856 Excess carryover[–1,900] **CONSTRUCTION EQUIPMENT** 154ALL TERRAIN CRANES112,784107,784 Cost savings[–5,000] 156CONST EQUIP ESP8,6948,694 **RAIL FLOAT CONTAINERIZATION EQUIPMENT** 158ARMY WATERCRAFT ESP44,40958,009 Army UFR—Landing Craft Utility modernization[13,600] 159MANEUVER SUPPORT VESSEL (MSV)76,66076,660 **GENERATORS** 161GENERATORS AND ASSOCIATED EQUIP47,60647,606 162TACTICAL ELECTRIC POWER RECAPITALIZATION10,50010,500 **MATERIAL HANDLING EQUIPMENT** 163FAMILY OF FORKLIFTS13,32513,325 **TRAINING EQUIPMENT** 164COMBAT TRAINING CENTERS SUPPORT79,56579,565 165TRAINING DEVICES, NONSYSTEM174,644174,644 166SYNTHETIC TRAINING ENVIRONMENT (STE)122,10492,266135 STAT. 2252 RVCT ahead of need[–29,838] 168GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING11,64210,642 Excess carryover[–1,000] **TEST MEASURE AND DIG EQUIPMENT (TMD)** 170INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE)42,93442,934 172TEST EQUIPMENT MODERNIZATION (TEMOD)24,30424,304 **OTHER SUPPORT EQUIPMENT** 174PHYSICAL SECURITY SYSTEMS (OPA3)86,93086,930 175BASE LEVEL COMMON EQUIPMENT27,82327,823 176MODIFICATION OF IN-SVC EQUIPMENT (OPA–3)32,39232,392 177BUILDING, PRE-FAB, RELOCATABLE32,22732,227 179SPECIAL EQUIPMENT FOR TEST AND EVALUATION76,91776,917 **OPA2** 180INITIAL SPARES—C&E9,2729,272 **TOTAL OTHER PROCUREMENT, ARMY****8,873,558****8,987,865** **AIRCRAFT PROCUREMENT, NAVY** **COMBAT AIRCRAFT** 001F/A–18E/F (FIGHTER) HORNET87,832977,161 Production line shutdown[–10,671] Program increase—12 additional aircraft[900,000] 003JOINT STRIKE FIGHTER CV2,111,0092,060,757 Unit cost savings[–50,252] 004JOINT STRIKE FIGHTER CV246,781246,781 005JSF STOVL2,256,8292,317,929 F–35 B PGSE & depot support—USMC UPL[128,800] Target cost savings[–67,700] 006JSF STOVL216,720216,720 007CH–53K (HEAVY LIFT)1,286,2961,503,126 Excess to need—pub/tech data[–14,782] GFE electronics excess growth[–3,388] Program increase—two additional aircraft[250,000] Unjustified growth—NRE production capacity[–15,000] 008CH–53K (HEAVY LIFT)182,871182,871 009V–22 (MEDIUM LIFT)751,7161,500,516 Program increase—five additional MV–22[414,400] Program increase—four additional CMV–22[334,400] 011H–1 UPGRADES (UH–1Y/AH–1Z)939939 013P–8A POSEIDON44,595384,595 Additional aircraft[340,000] 014E–2D ADV HAWKEYE766,788957,788 Navy UFR—Additional E–2D[191,000] 015E–2D ADV HAWKEYE118,095118,095 **TRAINER AIRCRAFT** 016ADVANCED HELICOPTER TRAINING SYSTEM163,490163,490 **OTHER AIRCRAFT** 017KC–130J520,787947,187 Marine Corps UFR—KC–130J weapons system trainer[31,500] Marine Corps UFR—Replace KC–130J aircraft[197,900] Two additional C–130J aircraft—Navy UPL[197,000] 018KC–130J68,08868,088 021MQ–4 TRITON160,151483,151 Additional aircraft[323,000] 023MQ–8 UAV49,24949,249 024STUASL0 UAV13,15113,151 025MQ–2547,46847,468 027MARINE GROUP 5 UAS233,686273,686 Marine Corps UFR—Additional aircraft[40,000] **MODIFICATION OF AIRCRAFT** 030F–18 A-D UNIQUE163,095244,595 F/A–18 aircraft structural life management (OSIP 11–99) inner wing installation excess cost growth[–1,000] Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver[55,000] Marine Corps UFR—F–18C/D AESA radar upgrade[27,500] 031F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM482,899482,899 032MARINE GROUP 5 UAS SERIES1,9821,982 033AEA SYSTEMS23,29620,221135 STAT. 2253 Excess support costs[–3,075] 034AV–8 SERIES17,88217,882 035INFRARED SEARCH AND TRACK (IRST)138,827120,377 Limit production growth[–18,450] 036ADVERSARY143,571143,571 037F–18 SERIES327,571327,571 038H–53 SERIES112,436109,136 Excess to need[–3,300] 039MH–60 SERIES94,79494,794 040H–1 SERIES124,194118,857 Excess to need[–5,337] 041EP–3 SERIES28,84828,848 042E–2 SERIES204,826199,991 Electronic support measures (OSIP 007–21) excess installation costs[–1,800] Electronic support measures (OSIP 007–21) previously funded[–1,785] NAVWAR A-kit installation (OSIP 011–19) previously funded[–1,250] 043TRAINER A/C SERIES7,8497,849 044C–2A2,8432,843 045C–130 SERIES145,610143,106 A and B kits (OSIP 019–14) unit cost growth[–2,504] 046FEWSG734734 047CARGO/TRANSPORT A/C SERIES10,68210,682 048E–6 SERIES128,029128,029 049EXECUTIVE HELICOPTERS SERIES45,32645,326 051T–45 SERIES158,772158,772 052POWER PLANT CHANGES24,91524,915 053JPATS SERIES22,95522,955 054AVIATION LIFE SUPPORT MODS2,4772,477 055COMMON ECM EQUIPMENT119,574119,574 056COMMON AVIONICS CHANGES118,839118,839 057COMMON DEFENSIVE WEAPON SYSTEM5,4765,476 058ID SYSTEMS13,15413,154 059P–8 SERIES131,298115,998 Program delays[–15,300] 060MAGTF EW FOR AVIATION29,15129,151 061MQ–8 SERIES31,62431,624 062V–22 (TILT/ROTOR ACFT) OSPREY312,835312,835 063NEXT GENERATION JAMMER (NGJ)266,676266,676 064F–35 STOVL SERIES177,054168,154 Block 4 B kits early to need[–8,900] 065F–35 CV SERIES138,269131,369 TR–3/B4 delay[–6,900] 066QRC98,56398,563 067MQ–4 SERIES7,1007,100 068RQ–21 SERIES14,12314,123 **AIRCRAFT SPARES AND REPAIR PARTS** 072SPARES AND REPAIR PARTS2,339,0772,466,977 Marine Corps UFR—F–35B engine spares[117,800] Marine Corps UFR—KC–130J initial spares[7,000] Marine Corps UFR—KC–130J weapons system trainer initial spares[3,100] **AIRCRAFT SUPPORT EQUIP & FACILITIES** 073COMMON GROUND EQUIPMENT517,267517,267 074AIRCRAFT INDUSTRIAL FACILITIES80,50080,500 075WAR CONSUMABLES42,49642,496 076OTHER PRODUCTION CHARGES21,37421,374 077SPECIAL SUPPORT EQUIPMENT271,774271,774 **TOTAL AIRCRAFT PROCUREMENT, NAVY****16,477,178****19,804,184** **WEAPONS PROCUREMENT, NAVY** **MODIFICATION OF MISSILES** 001TRIDENT II MODS1,144,4461,144,446 **SUPPORT EQUIPMENT & FACILITIES** 002MISSILE INDUSTRIAL FACILITIES7,3197,319 **STRATEGIC MISSILES** 003TOMAHAWK124,513138,140135 STAT. 2254 MK14 canisters previously funded[–3,743] Program increase—ten additional tomahawks[17,370] **TACTICAL MISSILES** 005SIDEWINDER86,36682,788 Unit cost adjustment—AUR Block II[–2,624] Unit cost adjustment—CATM Block II[–954] 006STANDARD MISSILE521,814521,814 007STANDARD MISSILE45,35745,357 008JASSM37,03937,039 009SMALL DIAMETER BOMB II40,87740,877 010RAM92,98173,015 Contract award delay[–19,966] 011JOINT AIR GROUND MISSILE (JAGM)49,70249,702 012HELLFIRE7,5577,557 013AERIAL TARGETS150,339150,339 014DRONES AND DECOYS30,32130,321 015OTHER MISSILE SUPPORT3,4743,474 016LRASM161,212161,212 017NAVAL STRIKE MISSILE (NSM)59,33152,377 Program decrease[–6,954] **MODIFICATION OF MISSILES** 018TOMAHAWK MODS206,233206,233 019ESSM248,619161,519 ESSM block 2 contract award delays[–87,100] 021AARGM116,345116,345 022STANDARD MISSILES MODS148,834148,834 **SUPPORT EQUIPMENT & FACILITIES** 023WEAPONS INDUSTRIAL FACILITIES1,8191,819 **ORDNANCE SUPPORT EQUIPMENT** 026ORDNANCE SUPPORT EQUIPMENT191,905191,905 **TORPEDOES AND RELATED EQUIP** 027SSTD4,5454,545 028MK–48 TORPEDO159,107172,477 Contract award delay[–34,000] Navy UFR—Heavyweight Torpedo
(HWT)quantity increase[50,000] Program decrease[–2,630] 029ASW TARGETS13,63013,630 **MOD OF TORPEDOES AND RELATED EQUIP** 030MK–54 TORPEDO MODS106,112106,112 031MK–48 TORPEDO ADCAP MODS35,68035,680 032MARITIME MINES8,5678,567 **SUPPORT EQUIPMENT** 033TORPEDO SUPPORT EQUIPMENT93,40093,400 034ASW RANGE SUPPORT3,9973,997 **DESTINATION TRANSPORTATION** 035FIRST DESTINATION TRANSPORTATION4,0234,023 **GUNS AND GUN MOUNTS** 036SMALL ARMS AND WEAPONS14,90914,909 **MODIFICATION OF GUNS AND GUN MOUNTS** 037CIWS MODS6,2746,274 038COAST GUARD WEAPONS45,95845,958 039GUN MOUNT MODS68,77568,775 040LCS MODULE WEAPONS2,1212,121 041AIRBORNE MINE NEUTRALIZATION SYSTEMS14,82214,822 **SPARES AND REPAIR PARTS** 043SPARES AND REPAIR PARTS162,382166,682 Navy UFR—Maritime outfitting and interim spares[4,300] **TOTAL WEAPONS PROCUREMENT, NAVY****4,220,705****4,134,404** **PROCUREMENT OF AMMO, NAVY & MC** **NAVY AMMUNITION** 001GENERAL PURPOSE BOMBS48,63543,424 Excess to need—BLU–137[–5,211] 002JDAM74,14048,526 Contract award delay[–25,614] 003AIRBORNE ROCKETS, ALL TYPES75,38375,383 004MACHINE GUN AMMUNITION11,21511,215135 STAT. 2255 005PRACTICE BOMBS52,22552,225 006CARTRIDGES & CART ACTUATED DEVICES70,87670,492 MK122 parachute deploy rocket unit cost overestimation[–384] 007AIR EXPENDABLE COUNTERMEASURES61,60057,069 IR decoys previously funded[–4,531] 008JATOS6,6206,620 0095 INCH/54 GUN AMMUNITION28,92227,923 Unit cost growth—5"/54 prop charge, full DA65[–999] 010INTERMEDIATE CALIBER GUN AMMUNITION36,03831,537 ALaMO contract award delay[–4,501] 011OTHER SHIP GUN AMMUNITION39,07039,070 012SMALL ARMS & LANDING PARTY AMMO45,49344,195 NSW SMCA previously funded[–1,298] 013PYROTECHNIC AND DEMOLITION9,1639,163 015AMMUNITION LESS THAN $5 MILLION1,5751,575 **MARINE CORPS AMMUNITION** 016MORTARS50,70750,707 017DIRECT SUPPORT MUNITIONS120,037118,157 Excess to need—20mm Carl Gustaf trainer system[–1,880] 018INFANTRY WEAPONS AMMUNITION94,00163,259 Excess to need—BA54 & BA55 termination[–30,742] 019COMBAT SUPPORT MUNITIONS35,24735,247 020AMMO MODERNIZATION16,26716,267 021ARTILLERY MUNITIONS105,66995,169 Contract delay[–10,500] 022ITEMS LESS THAN $5 MILLION5,1355,135 **TOTAL PROCUREMENT OF AMMO, NAVY & MC****988,018****902,358** **SHIPBUILDING AND CONVERSION, NAVY** **FLEET BALLISTIC MISSILE SHIPS** 001OHIO REPLACEMENT SUBMARINE3,003,0003,003,000 002OHIO REPLACEMENT SUBMARINE AP1,643,9801,773,980 Program increase—submarine supplier development[130,000] **OTHER WARSHIPS** 003CARRIER REPLACEMENT PROGRAM1,068,7051,062,205 Program decrease[–6,500] 004CVN–811,299,7641,287,719 Program decrease[–12,045] 005VIRGINIA CLASS SUBMARINE4,249,2404,449,240 Industrial base expansion[200,000] 006VIRGINIA CLASS SUBMARINE AP2,120,4072,105,407 Program adjustment[–15,000] 007CVN REFUELING OVERHAULS2,456,0182,436,018 Excess growth[–20,000] 008CVN REFUELING OVERHAULS66,26266,262 009DDG 100056,59756,597 010DDG–512,016,7874,929,073 Change order excessive cost growth[–11,651] Electronics excessive cost growth[–35,500] Plans cost excessive cost growth[–47,000] Program decrease[–20,463] Termination liability not required[–33,000] Two additional ships[3,059,900] 011DDG–51 AP120,000 Program increase—Advance procurement for DDG–51[120,000] 013FFG-FRIGATE1,087,9001,087,900 014FFG-FRIGATE69,10069,100 **AMPHIBIOUS SHIPS** 015LPD FLIGHT II60,63660,636 016LPD FLIGHT II AP250,000 Program increase[250,000] 019LHA REPLACEMENT68,637168,637 Program increase[100,000] 020EXPEDITIONARY FAST TRANSPORT (EPF)540,000 Two additional ships[540,000] **AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST** 021TAO FLEET OILER668,1841,336,384135 STAT. 2256 One additional ship[668,200] 022TAO FLEET OILER AP76,0120 Unjustified request[–76,012] 023TAGOS SURTASS SHIPS434,384434,384 024TOWING, SALVAGE, AND RESCUE SHIP (ATS)183,800183,800 025LCU 170067,92867,928 026OUTFITTING655,707622,926 Outfitting early to need[–32,781] 027SHIP TO SHORE CONNECTOR156,738286,738 Ship to shore connector[130,000] 028SERVICE CRAFT67,86667,866 029LCAC SLEP32,71232,712 030AUXILIARY VESSELS (USED SEALIFT)299,900120,000 Program reduction[–179,900] 031COMPLETION OF PY SHIPBUILDING PROGRAMS660,795660,795 **TOTAL SHIPBUILDING AND CONVERSION, NAVY****22,571,059****27,279,307** **OTHER PROCUREMENT, NAVY** **SHIP PROPULSION EQUIPMENT** 001SURFACE POWER EQUIPMENT41,41441,414 **GENERATORS** 002SURFACE COMBATANT HM&E83,74683,746 **NAVIGATION EQUIPMENT** 003OTHER NAVIGATION EQUIPMENT72,30072,300 **OTHER SHIPBOARD EQUIPMENT** 004SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG234,932234,932 005DDG MOD583,136583,136 006FIREFIGHTING EQUIPMENT15,04015,040 007COMMAND AND CONTROL SWITCHBOARD2,1942,194 008LHA/LHD MIDLIFE133,627120,854 Program decrease[–12,773] 009LCC 19/20 EXTENDED SERVICE LIFE PROGRAM4,3874,387 010POLLUTION CONTROL EQUIPMENT18,15918,159 011SUBMARINE SUPPORT EQUIPMENT88,28498,284 Spare Seawolf-class bow dome[10,000] 012VIRGINIA CLASS SUPPORT EQUIPMENT22,66922,669 013LCS CLASS SUPPORT EQUIPMENT9,6409,640 014SUBMARINE BATTERIES21,83421,834 015LPD CLASS SUPPORT EQUIPMENT34,29229,478 Program decrease[–4,814] 016DDG 1000 CLASS SUPPORT EQUIPMENT126,107111,761 Program decrease[–14,346] 017STRATEGIC PLATFORM SUPPORT EQUIP12,25612,256 018DSSP EQUIPMENT10,68210,682 019CG MODERNIZATION156,951156,951 020LCAC21,31421,314 021UNDERWATER EOD EQUIPMENT24,14624,146 022ITEMS LESS THAN $5 MILLION84,78984,789 023CHEMICAL WARFARE DETECTORS2,9972,997 **REACTOR PLANT EQUIPMENT** 025SHIP MAINTENANCE, REPAIR AND MODERNIZATION1,307,6511,475,051 Navy UFR—A–120 availability[167,400] 026REACTOR POWER UNITS3,2703,270 027REACTOR COMPONENTS438,729438,729 **OCEAN ENGINEERING** 028DIVING AND SALVAGE EQUIPMENT10,77210,772 **SMALL BOATS** 029STANDARD BOATS58,77058,770 **PRODUCTION FACILITIES EQUIPMENT** 030OPERATING FORCES IPE168,822150,822 Program decrease[–18,000] **OTHER SHIP SUPPORT** 031LCS COMMON MISSION MODULES EQUIPMENT74,23174,231 032LCS MCM MISSION MODULES40,63030,119 Program decrease[–10,511] 033LCS ASW MISSION MODULES1,5651,565 034LCS SUW MISSION MODULES3,3953,395135 STAT. 2257 035LCS IN-SERVICE MODERNIZATION122,591122,591 036SMALL & MEDIUM UUV32,53432,534 **SHIP SONARS** 038SPQ–9B RADAR15,92715,927 039AN/SQQ–89 SURF ASW COMBAT SYSTEM131,829126,871 Program decrease[–4,958] 040SSN ACOUSTIC EQUIPMENT379,850360,898 Virginia class technical insertion kits previously funded[–18,952] 041UNDERSEA WARFARE SUPPORT EQUIPMENT13,96513,965 **ASW ELECTRONIC EQUIPMENT** 042SUBMARINE ACOUSTIC WARFARE SYSTEM24,57824,578 043SSTD11,01011,010 044FIXED SURVEILLANCE SYSTEM363,651363,651 045SURTASS67,50067,500 **ELECTRONIC WARFARE EQUIPMENT** 046AN/SLQ–32370,559370,559 **RECONNAISSANCE EQUIPMENT** 047SHIPBOARD IW EXPLOIT261,735261,735 048AUTOMATED IDENTIFICATION SYSTEM (AIS)3,7773,777 **OTHER SHIP ELECTRONIC EQUIPMENT** 049COOPERATIVE ENGAGEMENT CAPABILITY24,64146,924 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2)[8,983] Navy UFR—Maritime outfitting and interim spares[13,300] 050NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS)14,43914,439 051ATDLS101,595101,595 052NAVY COMMAND AND CONTROL SYSTEM (NCCS)3,5353,535 053MINESWEEPING SYSTEM REPLACEMENT15,64015,640 054SHALLOW WATER MCM5,6105,610 055NAVSTAR GPS RECEIVERS (SPACE)33,09733,097 056AMERICAN FORCES RADIO AND TV SERVICE2,5132,513 057STRATEGIC PLATFORM SUPPORT EQUIP4,8234,823 **AVIATION ELECTRONIC EQUIPMENT** 058ASHORE ATC EQUIPMENT83,46483,464 059AFLOAT ATC EQUIPMENT67,05567,055 060ID SYSTEMS46,91846,918 061JOINT PRECISION APPROACH AND LANDING SYSTEM (35,38635,386 062NAVAL MISSION PLANNING SYSTEMS17,95117,951 **OTHER SHORE ELECTRONIC EQUIPMENT** 063MARITIME INTEGRATED BROADCAST SYSTEM2,3602,360 064TACTICAL/MOBILE C4I SYSTEMS18,91918,919 065DCGS-N16,69116,691 066CANES412,002441,002 Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF)[29,000] 067RADIAC9,0749,074 068CANES-INTELL51,59351,593 069GPETE23,93023,930 070MASF8,7958,795 071INTEG COMBAT SYSTEM TEST FACILITY5,8295,829 072EMI CONTROL INSTRUMENTATION3,9253,925 073ITEMS LESS THAN $5 MILLION156,042156,042 **SHIPBOARD COMMUNICATIONS** 074SHIPBOARD TACTICAL COMMUNICATIONS43,21243,212 075SHIP COMMUNICATIONS AUTOMATION90,72490,724 076COMMUNICATIONS ITEMS UNDER $5M44,44744,447 **SUBMARINE COMMUNICATIONS** 077SUBMARINE BROADCAST SUPPORT47,57947,579 078SUBMARINE COMMUNICATION EQUIPMENT64,64264,642 **SATELLITE COMMUNICATIONS** 079SATELLITE COMMUNICATIONS SYSTEMS38,63638,636 080NAVY MULTIBAND TERMINAL (NMT)34,72334,723 **SHORE COMMUNICATIONS** 081JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE)2,6512,651 **CRYPTOGRAPHIC EQUIPMENT** 082INFO SYSTEMS SECURITY PROGRAM (ISSP)146,879146,879 083MIO INTEL EXPLOITATION TEAM977977135 STAT. 2258 **CRYPTOLOGIC EQUIPMENT** 084CRYPTOLOGIC COMMUNICATIONS EQUIP17,80917,809 **OTHER ELECTRONIC SUPPORT** 092COAST GUARD EQUIPMENT63,21463,214 **SONOBUOYS** 094SONOBUOYS—ALL TYPES249,121303,521 Navy UFR—Additional sonobuoys[54,400] **AIRCRAFT SUPPORT EQUIPMENT** 095MINOTAUR4,9634,963 096WEAPONS RANGE SUPPORT EQUIPMENT98,89898,898 097AIRCRAFT SUPPORT EQUIPMENT178,647178,647 098ADVANCED ARRESTING GEAR (AAG)22,26522,265 099METEOROLOGICAL EQUIPMENT13,68713,687 100LEGACY AIRBORNE MCM4,4464,446 101LAMPS EQUIPMENT1,4701,470 102AVIATION SUPPORT EQUIPMENT70,66570,665 103UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL86,58486,584 **SHIP GUN SYSTEM EQUIPMENT** 104SHIP GUN SYSTEMS EQUIPMENT5,5365,536 **SHIP MISSILE SYSTEMS EQUIPMENT** 105HARPOON SUPPORT EQUIPMENT204204 106SHIP MISSILE SUPPORT EQUIPMENT237,987237,987 107TOMAHAWK SUPPORT EQUIPMENT88,72688,726 **FBM SUPPORT EQUIPMENT** 108STRATEGIC MISSILE SYSTEMS EQUIP281,259281,259 **ASW SUPPORT EQUIPMENT** 109SSN COMBAT CONTROL SYSTEMS143,289143,289 110ASW SUPPORT EQUIPMENT30,59530,595 **OTHER ORDNANCE SUPPORT EQUIPMENT** 111EXPLOSIVE ORDNANCE DISPOSAL EQUIP1,7211,721 112ITEMS LESS THAN $5 MILLION8,7468,746 **OTHER EXPENDABLE ORDNANCE** 113ANTI-SHIP MISSILE DECOY SYSTEM76,99476,994 114SUBMARINE TRAINING DEVICE MODS75,81375,813 115SURFACE TRAINING EQUIPMENT127,814127,814 **CIVIL ENGINEERING SUPPORT EQUIPMENT** 116PASSENGER CARRYING VEHICLES4,1404,140 117GENERAL PURPOSE TRUCKS2,8052,805 118CONSTRUCTION & MAINTENANCE EQUIP48,40346,403 Excess carryover[–2,000] 119FIRE FIGHTING EQUIPMENT15,08415,084 120TACTICAL VEHICLES27,40027,400 121POLLUTION CONTROL EQUIPMENT2,6072,607 122ITEMS LESS THAN $5 MILLION51,96351,963 123PHYSICAL SECURITY VEHICLES1,1651,165 **SUPPLY SUPPORT EQUIPMENT** 124SUPPLY EQUIPMENT24,69824,698 125FIRST DESTINATION TRANSPORTATION5,3855,385 126SPECIAL PURPOSE SUPPLY SYSTEMS660,750660,750 **TRAINING DEVICES** 127TRAINING SUPPORT EQUIPMENT3,4653,465 128TRAINING AND EDUCATION EQUIPMENT60,11460,114 **COMMAND SUPPORT EQUIPMENT** 129COMMAND SUPPORT EQUIPMENT31,00731,007 130MEDICAL SUPPORT EQUIPMENT7,34614,346 Navy UFR—Expeditionary medical readiness[7,000] 132NAVAL MIP SUPPORT EQUIPMENT2,8872,887 133OPERATING FORCES SUPPORT EQUIPMENT12,81512,815 134C4ISR EQUIPMENT6,3246,324 135ENVIRONMENTAL SUPPORT EQUIPMENT25,09825,098 136PHYSICAL SECURITY EQUIPMENT110,647107,471 Program decrease[–3,176] 137ENTERPRISE INFORMATION TECHNOLOGY31,70931,709 **OTHER** 141NEXT GENERATION ENTERPRISE SERVICE4141 142CYBERSPACE ACTIVITIES12,85912,859 **CLASSIFIED PROGRAMS**135 STAT. 2259 9999CLASSIFIED PROGRAMS19,80819,808 **SPARES AND REPAIR PARTS** 143SPARES AND REPAIR PARTS424,405517,105 Navy UFR—Maritime outfitting and interim spares[92,700] **TOTAL OTHER PROCUREMENT, NAVY****10,875,912****11,169,165** **PROCUREMENT, MARINE CORPS** **TRACKED COMBAT VEHICLES** 001AAV7A1 PIP36,83636,836 002AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES532,355532,355 003LAV PIP23,47623,476 **ARTILLERY AND OTHER WEAPONS** 004155MM LIGHTWEIGHT TOWED HOWITZER3232 005ARTILLERY WEAPONS SYSTEM67,548221,347 Marine Corps UFR—Ground-launched anti-ship missiles[57,799] Marine Corps UFR—Ground-launched long range fires[96,000] 006WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION35,40235,402 **GUIDED MISSILES** 008GROUND BASED AIR DEFENSE9,3499,349 009ANTI-ARMOR MISSILE-JAVELIN937937 010FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS)20,48120,481 011ANTI-ARMOR MISSILE-TOW14,35912,359 Unit cost growth[–2,000] 012GUIDED MLRS ROCKET (GMLRS)98,29998,299 **COMMAND AND CONTROL SYSTEMS** 013COMMON AVIATION COMMAND AND CONTROL SYSTEM (C18,24718,247 **REPAIR AND TEST EQUIPMENT** 014REPAIR AND TEST EQUIPMENT33,55433,554 **OTHER SUPPORT (TEL)** 015MODIFICATION KITS167167 **COMMAND AND CONTROL SYSTEM (NON-TEL)** 016ITEMS UNDER $5 MILLION (COMM & ELEC)64,879130,779 Marine Corps UFR—Fly-Away Broadcast System[9,000] Marine Corps UFR—INOD Block III long-range sight[16,900] Marine Corps UFR—Squad binocular night vision goggle[40,000] 017AIR OPERATIONS C2 SYSTEMS1,2911,291 **RADAR + EQUIPMENT (NON-TEL)** 019GROUND/AIR TASK ORIENTED RADAR (G/ATOR)297,369645,369 Marine Corps UFR—Additional G/ATOR units[304,000] Marine Corps UFR—Additional radar retrofit kits and FRP systems[44,000] **INTELL/COMM EQUIPMENT (NON-TEL)** 020GCSS-MC604604 021FIRE SUPPORT SYSTEM39,81039,810 022INTELLIGENCE SUPPORT EQUIPMENT67,30972,860 Marine Corps UFR—SCINet equipment[5,551] 024UNMANNED AIR SYSTEMS (INTEL)24,29924,299 025DCGS-MC28,63328,633 026UAS PAYLOADS3,7303,730 **OTHER SUPPORT (NON-TEL)** 029NEXT GENERATION ENTERPRISE NETWORK (NGEN)97,06097,060 030COMMON COMPUTER RESOURCES83,60679,606 Training and education headquarters support unjustified request[–2,000] Wargaming hardware early to need[–2,000] 031COMMAND POST SYSTEMS53,70839,708 NOTM refresh early to need[–14,000] 032RADIO SYSTEMS468,678444,678 TCM ground radios sparing previously funded[–10,000] Unjustified request[–14,000] 033COMM SWITCHING & CONTROL SYSTEMS49,60043,600 Excess growth[–6,000] 034COMM & ELEC INFRASTRUCTURE SUPPORT110,835116,635 Excess growth[–10,000] Marine Corps UFR—Base telecommunications equipment upgrades[15,800] 035CYBERSPACE ACTIVITIES25,37746,577135 STAT. 2260 Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites[21,200] **CLASSIFIED PROGRAMS** 9999CLASSIFIED PROGRAMS4,0344,034 **ADMINISTRATIVE VEHICLES** 038COMMERCIAL CARGO VEHICLES17,84817,848 **TACTICAL VEHICLES** 039MOTOR TRANSPORT MODIFICATIONS23,36321,924 Excess growth[–1,439] 040JOINT LIGHT TACTICAL VEHICLE322,013322,013 042TRAILERS9,8769,876 **ENGINEER AND OTHER EQUIPMENT** 044TACTICAL FUEL SYSTEMS2,1612,161 045POWER EQUIPMENT ASSORTED26,62518,955 Intelligent power distribution previously funded[–7,670] 046AMPHIBIOUS SUPPORT EQUIPMENT17,11915,909 Excess carryover[–1,210] 047EOD SYSTEMS94,472107,672 Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat Systems[7,800] Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems[5,400] **MATERIALS HANDLING EQUIPMENT** 048PHYSICAL SECURITY EQUIPMENT84,51384,513 **GENERAL PROPERTY** 049FIELD MEDICAL EQUIPMENT8,1058,105 050TRAINING DEVICES37,81435,211 CACCTUS lap equipment previously funded[–2,603] 051FAMILY OF CONSTRUCTION EQUIPMENT34,65850,458 Marine Corps UFR—All-terrain crane[10,800] Marine Corps UFR—Rough terrain container handler[5,000] 052ULTRA-LIGHT TACTICAL VEHICLE (ULTV)15,43915,439 **OTHER SUPPORT** 053ITEMS LESS THAN $5 MILLION4,40215,002 Marine Corps UFR—Lightweight water purification system[10,600] **SPARES AND REPAIR PARTS** 054SPARES AND REPAIR PARTS32,81932,819 **TOTAL PROCUREMENT, MARINE CORPS****3,043,091****3,620,019** **AIRCRAFT PROCUREMENT, AIR FORCE** **STRATEGIC OFFENSIVE** 001B–21 RAIDER108,027108,027 **TACTICAL FORCES** 002F–354,167,6044,392,604 Air Force UFR—F–35 power modules[175,000] USG depot acceleration[50,000] 003F–35352,632352,632 005F–15EX1,186,9031,762,903 Air Force UFR—Additional aircraft, spares, support equipment[576,000] 006F–15EX147,919147,919 **TACTICAL AIRLIFT** 007KC–46A MDAP2,380,3152,315,315 Excess growth[–65,000] **OTHER AIRLIFT** 008C–130J128,896128,896 009MC–130J220,049220,049 **UPT TRAINERS** 011ADVANCED TRAINER REPLACEMENT T-X10,3970 Procurement funds ahead of need[–10,397] **HELICOPTERS** 012MH–139A75,000 Program increase[75,000] 013COMBAT RESCUE HELICOPTER792,221792,221 **MISSION SUPPORT AIRCRAFT** 016CIVIL AIR PATROL A/C2,81311,400 Program increase[8,587] **OTHER AIRCRAFT** 017TARGET DRONES116,169116,169135 STAT. 2261 019E–11 BACN/HAG124,435124,435 021MQ–93,28878,567 Program increase—four aircraft[75,279] **STRATEGIC AIRCRAFT** 023B–2A29,94429,944 024B–1B30,51827,406 Radio crypto mod ahead of need[–3,112] 025B–5282,82082,820 026COMBAT RESCUE HELICOPTER61,19145,891 Early to need—contract delay[–15,300] 027LARGE AIRCRAFT INFRARED COUNTERMEASURES57,00157,001 **TACTICAL AIRCRAFT** 028A–1083,62183,621 029E–11 BACN/HAG68,95568,955 030F–15234,340232,457 F–15E MIDS-JTRS installs excess to need[–1,883] 031F–16613,166733,166 F–16 AESAs[100,000] Program increase—HUD upgrade[20,000] 032F–22A424,722384,722 Program decrease[–40,000] 033F–35 MODIFICATIONS304,1351,388,935 F–35 upgrades to Block 4[1,100,000] TR–3/B4 delay[–15,200] 034F–15 EPAW149,797149,797 036KC–46A MDAP1,9841,984 **AIRLIFT AIRCRAFT** 037C–525,43125,431 038C–17A59,57059,570 040C–32A1,9491,949 041C–37A5,9845,984 **TRAINER AIRCRAFT** 042GLIDER MODS142142 043T–68,7358,735 044T–13,872872 Excess to need[–3,000] 045T–3849,85149,851 **OTHER AIRCRAFT** 046U–2 MODS126,809126,809 047KC–10A (ATCA)1,9021,902 049VC–25A MOD9696 050C–40262262 051C–13029,071169,771 Program increase—eight blade propeller upgrade[75,700] Program increase—engine enhancement program[50,000] Program increase—modular airborne firefighting system[15,000] 052C–130J MODS110,784110,784 053C–13561,37661,376 054COMPASS CALL195,098270,098 Air Force UFR—Additional spare engines[75,000] 056RC–135207,596207,596 057E–3109,855109,855 058E–419,08119,081 059E–816,31243,312 Program increase—CDL[27,000] 060AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/4530,32726,627 Block 40/45 carryover[–3,700] 062H–11,5331,533 063H–6013,70932,709 OLR mod early to need[–1,000] Restore degraded visual environment[20,000] 064RQ–4 MODS3,2053,205 065HC/MC–130 MODIFICATIONS150,263148,815 Communications modernization phase 1 NRE ahead of need[–1,448] 066OTHER AIRCRAFT54,82854,828 067MQ–9 MODS144,287144,287 068MQ–9 UAS PAYLOADS40,80040,800135 STAT. 2262 069SENIOR LEADER C3, SYSTEM—AIRCRAFT23,55423,554 070CV–22 MODS158,162240,562 SOCOM UFR—CV–22 reliability acceleration[82,400] **AIRCRAFT SPARES AND REPAIR PARTS** 071INITIAL SPARES/REPAIR PARTS915,710915,710 **COMMON SUPPORT EQUIPMENT** 072AIRCRAFT REPLACEMENT SUPPORT EQUIP138,761138,761 **POST PRODUCTION SUPPORT** 073B–2A1,6511,651 074B–2B38,81138,811 075B–525,6025,602 078F–152,3242,324 079F–1610,45610,456 081RQ–4 POST PRODUCTION CHARGES24,59224,592 **INDUSTRIAL PREPAREDNESS** 082INDUSTRIAL RESPONSIVENESS18,11018,110 **WAR CONSUMABLES** 083WAR CONSUMABLES35,86635,866 **OTHER PRODUCTION CHARGES** 084OTHER PRODUCTION CHARGES979,3881,019,388 Classified modifications—program increase[40,000] **CLASSIFIED PROGRAMS** 9999CLASSIFIED PROGRAMS18,09218,092 **TOTAL AIRCRAFT PROCUREMENT, AIR FORCE****15,727,669****18,132,595** **MISSILE PROCUREMENT, AIR FORCE** **MISSILE REPLACEMENT EQUIPMENT—BALLISTIC** 001MISSILE REPLACEMENT EQ-BALLISTIC57,79357,793 **BALLISTIC MISSILES** 002GROUND BASED STRATEGIC DETERRENT8,8958,895 **TACTICAL** 003REPLAC EQUIP & WAR CONSUMABLES7,6817,681 004AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON160,850116,850 Procurement early to need[–44,000] 006JOINT AIR-SURFACE STANDOFF MISSILE710,550660,550 Program decrease[–50,000] 008SIDEWINDER (AIM–9X)107,587107,587 009AMRAAM214,002214,002 010PREDATOR HELLFIRE MISSILE103,684103,684 011SMALL DIAMETER BOMB82,81982,819 012SMALL DIAMETER BOMB II294,649294,649 **INDUSTRIAL FACILITIES** 013INDUSTR’L PREPAREDNS/POL PREVENTION757757 **CLASS IV** 015ICBM FUZE MOD53,01365,263 Realignment of funds[12,250] 016ICBM FUZE MOD AP47,75735,507 Realignment of funds[–12,250] 017MM III MODIFICATIONS88,57988,579 019AIR LAUNCH CRUISE MISSILE (ALCM)46,79946,799 **MISSILE SPARES AND REPAIR PARTS** 020MSL SPRS/REPAIR PARTS (INITIAL)16,21216,212 021MSL SPRS/REPAIR PARTS (REPLEN)63,54763,547 022INITIAL SPARES/REPAIR PARTS4,0454,045 **SPECIAL PROGRAMS** 027SPECIAL UPDATE PROGRAMS30,35230,352 **CLASSIFIED PROGRAMS** 9999CLASSIFIED PROGRAMS570,240570,240 **TOTAL MISSILE PROCUREMENT, AIR FORCE****2,669,811****2,575,811** **PROCUREMENT, SPACE FORCE** **SPACE PROCUREMENT, SF** 002AF SATELLITE COMM SYSTEM43,65539,655 Unjustified cost growth[–4,000] 003COUNTERSPACE SYSTEMS64,80464,804 004FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS39,44439,444 005GENERAL INFORMATION TECH—SPACE3,3165,116135 STAT. 2263 Space Force UFR—Modernize space aggressor equipment[1,800] 006GPSIII FOLLOW ON601,418601,418 007GPS III SPACE SEGMENT84,45284,452 008GLOBAL POSTIONING (SPACE)2,2742,274 009HERITAGE TRANSITION13,52913,529 010SPACEBORNE EQUIP (COMSEC)26,24548,945 Space Force UFR—Space-rated crypto devices to support launch[22,700] 011MILSATCOM24,33324,333 012SBIR HIGH (SPACE)154,526154,526 013SPECIAL SPACE ACTIVITIES142,188142,188 014MOBILE USER OBJECTIVE SYSTEM45,37145,371 015NATIONAL SECURITY SPACE LAUNCH1,337,3471,337,347 016NUDET DETECTION SYSTEM6,6906,690 017PTES HUB7,4067,406 018ROCKET SYSTEMS LAUNCH PROGRAM10,42910,429 020SPACE MODS64,37164,371 021SPACELIFT RANGE SYSTEM SPACE93,77493,774 **SPARES** 022SPARES AND REPAIR PARTS1,2821,282 **TOTAL PROCUREMENT, SPACE FORCE****2,766,854****2,787,354** **PROCUREMENT OF AMMUNITION, AIR FORCE** **ROCKETS** 001ROCKETS36,59736,597 **CARTRIDGES** 002CARTRIDGES169,163164,163 Excess to need[–5,000] **BOMBS** 003PRACTICE BOMBS48,74548,745 004GENERAL PURPOSE BOMBS176,565176,565 005MASSIVE ORDNANCE PENETRATOR (MOP)15,50015,500 006JOINT DIRECT ATTACK MUNITION124,10248,584 Program carryover[–75,518] 007B–612,7092,709 **OTHER ITEMS** 008CAD/PAD47,21047,210 009EXPLOSIVE ORDNANCE DISPOSAL (EOD)6,1516,151 010SPARES AND REPAIR PARTS535535 011MODIFICATIONS292292 012ITEMS LESS THAN $5,000,0009,1649,164 **FLARES** 013FLARES95,29795,297 **FUZES** 014FUZES50,79550,795 **SMALL ARMS** 015SMALL ARMS12,34312,343 **TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE****795,168****714,650** **OTHER PROCUREMENT, AIR FORCE** **PASSENGER CARRYING VEHICLES** 001PASSENGER CARRYING VEHICLES8,4488,448 **CARGO AND UTILITY VEHICLES** 002MEDIUM TACTICAL VEHICLE5,8045,804 003CAP VEHICLES1,0661,800 Program increase—Civil Air Patrol[734] 004CARGO AND UTILITY VEHICLES57,45957,459 **SPECIAL PURPOSE VEHICLES** 005JOINT LIGHT TACTICAL VEHICLE97,32692,326 Excess carryover[–5,000] 006SECURITY AND TACTICAL VEHICLES488488 007SPECIAL PURPOSE VEHICLES75,69477,694 CNGB UFR—Temperature control trailers[2,000] **FIRE FIGHTING EQUIPMENT** 008FIRE FIGHTING/CRASH RESCUE VEHICLES12,52512,525 **MATERIALS HANDLING EQUIPMENT** 009MATERIALS HANDLING VEHICLES34,93334,933 **BASE MAINTENANCE SUPPORT**135 STAT. 2264 010RUNWAY SNOW REMOV AND CLEANING EQU9,1349,134 011BASE MAINTENANCE SUPPORT VEHICLES111,820103,728 Program decrease[–8,092] **COMM SECURITY EQUIPMENT(COMSEC)** 013COMSEC EQUIPMENT66,02266,022 014STRATEGIC MICROELECTRONIC SUPPLY SYSTEM885,051885,051 **INTELLIGENCE PROGRAMS** 015INTERNATIONAL INTEL TECH & ARCHITECTURES5,8095,809 016INTELLIGENCE TRAINING EQUIPMENT5,7195,719 017INTELLIGENCE COMM EQUIPMENT25,84425,844 **ELECTRONICS PROGRAMS** 018AIR TRAFFIC CONTROL & LANDING SYS44,51644,516 019BATTLE CONTROL SYSTEM—FIXED2,9402,940 020THEATER AIR CONTROL SYS IMPROVEMEN43,44247,842 EUCOM UFR—Air base air defens ops center[4,400] 0213D EXPEDITIONARY LONG-RANGE RADAR96,186248,186 Air Force UFR—Build command and control framework[152,000] 022WEATHER OBSERVATION FORECAST32,37632,376 023STRATEGIC COMMAND AND CONTROL37,95037,950 024CHEYENNE MOUNTAIN COMPLEX8,2588,258 025MISSION PLANNING SYSTEMS14,71714,717 **SPCL COMM-ELECTRONICS PROJECTS** 027GENERAL INFORMATION TECHNOLOGY43,91788,247 EUCOM UFR—Mission Partner Environment[13,800] INDOPACOM UFR—Mission Partner Environment[30,530] 028AF GLOBAL COMMAND & CONTROL SYS414414 030MOBILITY COMMAND AND CONTROL10,61910,619 031AIR FORCE PHYSICAL SECURITY SYSTEM101,896116,797 EUCOM UFR—Counter-UAS for UASFE installations[1,241] EUCOM UFR—Sensors for air base air defense[11,660] Space Force UFR—Maui Optical Site security system[2,000] 032COMBAT TRAINING RANGES222,598222,598 033COMBAT TRAINING RANGES14,73014,730 034MINIMUM ESSENTIAL EMERGENCY COMM N77,11977,119 035WIDE AREA SURVEILLANCE (WAS)38,79438,794 036C3 COUNTERMEASURES131,238131,238 037INTEGRATED PERSONNEL AND PAY SYSTEM15,24015,240 038GCSS-AF FOS3,9593,959 040MAINTENANCE REPAIR & OVERHAUL INITIATIVE4,3874,387 041THEATER BATTLE MGT C2 SYSTEM4,0524,052 042AIR & SPACE OPERATIONS CENTER (AOC)2,2242,224 **AIR FORCE COMMUNICATIONS** 043BASE INFORMATION TRANSPT INFRAST
(BITI)WIRED58,49958,499 044AFNET65,35465,354 045JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE)4,3774,377 046USCENTCOM18,10118,101 047USSTRATCOM4,2264,226 **ORGANIZATION AND BASE** 048TACTICAL C-E EQUIPMENT162,955157,817 Program decrease[–5,138] 049RADIO EQUIPMENT14,23215,732 Space Force UFR—radio equipment[1,500] 051BASE COMM INFRASTRUCTURE200,797262,797 EUCOM UFR—Modernize IT infrastructure[55,000] Space Force UFR—Lifecycle SIPR/NIP replacement[7,000] **MODIFICATIONS** 052COMM ELECT MODS18,60718,607 **PERSONAL SAFETY & RESCUE EQUIP** 053PERSONAL SAFETY AND RESCUE EQUIPMENT106,449106,449 **DEPOT PLANT+MTRLS HANDLING EQ** 054POWER CONDITIONING EQUIPMENT11,27411,274 055MECHANIZED MATERIAL HANDLING EQUIP8,5948,594 **BASE SUPPORT EQUIPMENT** 056BASE PROCURED EQUIPMENT133,251 CNGB UFR—Modular small arms ranges[25,000] EUCOM UFR—Tactical decoy devices[8,250] 057ENGINEERING AND EOD EQUIPMENT32,13932,139135 STAT. 2265 058MOBILITY EQUIPMENT63,81463,814 059FUELS SUPPORT EQUIPMENT (FSE)17,92817,928 060BASE MAINTENANCE AND SUPPORT EQUIPMENT48,53448,534 **SPECIAL SUPPORT PROJECTS** 062DARP RC13527,35927,359 063DCGS-AF261,070261,070 065SPECIAL UPDATE PROGRAM777,652777,652 **CLASSIFIED PROGRAMS** 9999CLASSIFIED PROGRAMS20,983,90821,183,908 Program increase[200,000] **SPARES AND REPAIR PARTS** 066SPARES AND REPAIR PARTS (CYBER)978978 067SPARES AND REPAIR PARTS9,5759,575 **TOTAL OTHER PROCUREMENT, AIR FORCE****25,251,137****25,748,022** **PROCUREMENT, DEFENSE-WIDE** **MAJOR EQUIPMENT, OSD** 081AGILE PROCUREMENT TRANSITION PILOT100,000 Program increase[100,000] **MAJOR EQUIPMENT, SDA** 024MAJOR EQUIPMENT, DPAA494494 047MAJOR EQUIPMENT, OSD31,42031,420 048JOINT CAPABILITY TECH DEMONSTRATION (JCTD)74,06074,060 **MAJOR EQUIPMENT, NSA** 046INFORMATION SYSTEMS SECURITY PROGRAM (ISSP)315315 **MAJOR EQUIPMENT, DISA** 010INFORMATION SYSTEMS SECURITY18,92318,923 011TELEPORT PROGRAM34,90834,908 012JOINT FORCES HEADQUARTERS—DODIN1,9681,968 013ITEMS LESS THAN $5 MILLION42,27042,270 014DEFENSE INFORMATION SYSTEM NETWORK18,02518,025 015WHITE HOUSE COMMUNICATION AGENCY44,52244,522 016SENIOR LEADERSHIP ENTERPRISE54,59254,592 017JOINT REGIONAL SECURITY STACKS (JRSS)62,65762,657 018JOINT SERVICE PROVIDER102,039102,039 019FOURTH ESTATE NETWORK OPTIMIZATION (4ENO)80,64580,645 **MAJOR EQUIPMENT, DLA** 021MAJOR EQUIPMENT530,896510,896 Excess growth[–20,000] **MAJOR EQUIPMENT, DCSA** 002MAJOR EQUIPMENT3,0143,014 **MAJOR EQUIPMENT, TJS** 049MAJOR EQUIPMENT, TJS7,8307,830 **MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY** 029THAAD251,543361,122 MDA UFR—Additional interceptors[109,579] 031AEGIS BMD334,621334,621 032AEGIS BMD17,49317,493 033BMDS AN/TPY–2 RADARS2,7382,738 034SM–3 IIAS295,322336,822 MDA UFR—Additional AURs[41,500] 035ARROW 3 UPPER TIER SYSTEMS62,00062,000 036SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD)30,00030,000 037DEFENSE OF GUAM PROCUREMENT40,00080,000 INDOPACOM UFR—Guam Defense System[40,000] 038AEGIS ASHORE PHASE III25,86625,866 039IRON DOME108,000108,000 040AEGIS BMD HARDWARE AND SOFTWARE81,79181,791 **MAJOR EQUIPMENT, DHRA** 004PERSONNEL ADMINISTRATION4,0424,042 **MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY** 026VEHICLES118118 027OTHER MAJOR EQUIPMENT12,68112,681 **MAJOR EQUIPMENT, DODEA** 023AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS2,9632,963 **MAJOR EQUIPMENT, DMACT**135 STAT. 2266 022MAJOR EQUIPMENT8,4988,498 **CLASSIFIED PROGRAMS** 9999CLASSIFIED PROGRAMS635,338635,338 **AVIATION PROGRAMS** 052ARMED OVERWATCH/TARGETING170,000166,000 Unit cost growth[–4,000] 053MANNED ISR2,5002,500 054MC–122,2502,250 055MH–60 BLACKHAWK29,90029,900 056ROTARY WING UPGRADES AND SUSTAINMENT202,278202,278 057UNMANNED ISR55,95155,951 058NON-STANDARD AVIATION3,2823,282 059U–284,1764,176 060MH–47 CHINOOK130,485130,485 061CV–22 MODIFICATION41,76247,572 SOCOM UFR—CV–22 reliability acceleration[5,810] 062MQ–9 UNMANNED AERIAL VEHICLE8,0208,020 063PRECISION STRIKE PACKAGE165,224165,224 064AC/MC–130J205,216205,216 065C–130 MODIFICATIONS13,37313,373 **SHIPBUILDING** 066UNDERWATER SYSTEMS17,22723,327 SOCOM UFR—Combat diving advanced equipment acceleration[5,200] SOCOM UFR—Modernized forward look sonar[900] **AMMUNITION PROGRAMS** 067ORDNANCE ITEMS <$5M168,072168,072 **OTHER PROCUREMENT PROGRAMS** 068INTELLIGENCE SYSTEMS131,889131,889 069DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS5,9915,991 070OTHER ITEMS <$5M62,72262,722 071COMBATANT CRAFT SYSTEMS17,08017,080 072SPECIAL PROGRAMS44,35175,531 SOCOM UFR—Medium fixed wing mobility modifications[31,180] 073TACTICAL VEHICLES26,80626,806 074WARRIOR SYSTEMS <$5M284,548294,548 Radio integration system program upgrade[10,000] 075COMBAT MISSION REQUIREMENTS27,51327,513 077OPERATIONAL ENHANCEMENTS INTELLIGENCE20,25220,252 078OPERATIONAL ENHANCEMENTS328,569389,872 SOCOM UFR—Armored ground mobility systems acceleration[33,303] SOCOM UFR—Fused panoramic night vision goggles acceleration[28,000] **CBDP** 079CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS167,918167,918 080CB PROTECTION & HAZARD MITIGATION189,265183,884 TATPE excess growth[–5,381] **TOTAL PROCUREMENT, DEFENSE-WIDE****5,548,212****5,924,303** **NATIONAL GUARD AND RESERVE EQUIPMENT** **UNDISTRIBUTED** 001MISCELLANEOUS EQUIPMENT950,000 Program increase[950,000] **TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT****950,000** **TOTAL PROCUREMENT****132,205,078****146,884,599** 135 STAT. 2267 TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. **SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION****(In Thousands of Dollars)** **Line****Program****Element****Item****FY 2022**** Request****Conference****Authorized** **RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY** **BASIC RESEARCH** 0010601102ADEFENSE RESEARCH SCIENCES297,241328,788 Program increase[22,047] Program increase—digital thread for advanced manufacturing[5,000] Program increase—lightweight high entropy metallic alloy discovery[3,000] Program increase—unmanned aerial systems hybrid propulsion[1,500] 0020601103AUNIVERSITY RESEARCH INITIATIVES66,98196,981 Program increase—defense university research instrumentation program[30,000] 0030601104AUNIVERSITY AND INDUSTRY RESEARCH CENTERS94,003103,003 Program increase—biotechnology advancements[4,000] SMART and cognitive research for RF/radar[5,000] 0040601121ACYBER COLLABORATIVE RESEARCH ALLIANCE5,0675,067 0050601601AARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH10,18315,183 Program increase—extreme events in structurally evolving materials[5,000] **SUBTOTAL BASIC RESEARCH****473,475****549,022** **APPLIED RESEARCH** 0060602115ABIOMEDICAL TECHNOLOGY11,92511,925 0070602134ACOUNTER IMPROVISED-THREAT ADVANCED STUDIES1,9761,976 0080602141ALETHALITY TECHNOLOGY64,12665,126 CPF—research and development of next generation explosives and propellants[1,000] 0090602142AARMY APPLIED RESEARCH28,65428,654 0100602143ASOLDIER LETHALITY TECHNOLOGY105,168115,168 Program increase—Pathfinder air assault[10,000] 0110602144AGROUND TECHNOLOGY56,400105,400 Additive manufacturing materials[8,000] CPF—Army Research Lab
(ARL)Additive Manufacturing/Machine Learning (AM/ML) Initiative[5,000] Military footwear research[2,500] Modeling enabled multifunctional materials development (MEMMD)[6,000] Program increase—advanced manufacturing materials processes initiative[10,000] Program increase—advanced polymers for force protection[8,000] Program increase—ceramic materials for extreme environments[2,500] Program increase—earthen structures soil enhancement[3,000] Program increase—polar proving ground and training program[2,000] Program increase—verified inherent control[2,000] 0120602145ANEXT GENERATION COMBAT VEHICLE TECHNOLOGY172,166192,666 CPF—high-efficiency truck users forum (HTUF)[2,500] CPF—structural thermoplastics large-scale low-cost tooling solutions[4,500] Light detection and ranging (LiDAR) technology[2,500]135 STAT. 2268 Program increase—prototyping energy smart autonomous ground systems[8,000] Tactical behaviors for autonomous maneuver[3,000] 0130602146ANETWORK C3I TECHNOLOGY84,606120,406 Alternative PNT[8,000] CPF—future nano- and micro-fabrication - Advanced Materials Engineering Research Institute[6,800] CPF—multiple drone, multiple sensor ISR capabilities[5,000] Distributed radio frequency sensor/effector technology for strategic defense[8,000] Intelligent electronic protection technologies[6,000] UAS sensor research[2,000] 0140602147ALONG RANGE PRECISION FIRES TECHNOLOGY64,28567,285 Program increase—novel printed armaments components[3,000] 0150602148AFUTURE VERTICLE LIFT TECHNOLOGY91,41191,411 0160602150AAIR AND MISSILE DEFENSE TECHNOLOGY19,31672,566 Advancement of critical HEL technologies[10,000] Counter-UAS applied research[5,000] Cyber electromagnetic
(CEMA)missile defender[15,000] High energy laser integration[10,000] Program increase—kill chain automation[8,000] Program increase—precision long range integrated strike[5,250] 0170602180AARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES15,03415,034 0180602181AALL DOMAIN CONVERGENCE APPLIED RESEARCH25,96725,967 0190602182AC3I APPLIED RESEARCH12,40612,406 0200602183AAIR PLATFORM APPLIED RESEARCH6,59716,597 High density eVTOL power source[10,000] 0210602184ASOLDIER APPLIED RESEARCH11,06411,064 0220602213AC3I APPLIED CYBER12,12312,123 0230602386ABIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH20,64320,643 0240602785AMANPOWER/PERSONNEL/TRAINING TECHNOLOGY18,70118,701 0250602787AMEDICAL TECHNOLOGY91,72095,720 CPF—human performance optimization
(HPO)center[2,000] CPF—suicide prevention with focus on rural, remote, isolated, and OCONUS locations[2,000] **SUBTOTAL APPLIED RESEARCH****914,288****1,100,838** **ADVANCED TECHNOLOGY DEVELOPMENT** 0260603002AMEDICAL ADVANCED TECHNOLOGY43,80443,804 0270603007AMANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY14,27314,273 0280603025AARMY AGILE INNOVATION AND DEMONSTRATION22,23122,231 0290603040AARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES909909 0300603041AALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY17,74317,743 0310603042AC3I ADVANCED TECHNOLOGY3,1513,151 0320603043AAIR PLATFORM ADVANCED TECHNOLOGY754754 0330603044ASOLDIER ADVANCED TECHNOLOGY890890 0340603115AMEDICAL DEVELOPMENT26,52126,521 0350603116ALETHALITY ADVANCED TECHNOLOGY8,0668,066 0360603117AARMY ADVANCED TECHNOLOGY DEVELOPMENT76,81576,815 0370603118ASOLDIER LETHALITY ADVANCED TECHNOLOGY107,966115,966 Program increase[8,000] 0380603119AGROUND ADVANCED TECHNOLOGY23,40368,403135 STAT. 2269 Additive manufacturing capabilities for austere operating environments[14,000] CPF—military operations in a permafrost environment[3,000] Ground advanced technology—3D printed structures[2,000] Polar research and testing[4,000] Program increase—3D printing of infrastructure[5,000] Program increase—cold weather research[2,000] Program increase—entry control points at installations[5,000] Program increase—graphene applications for military engineering[2,000] Program increase—rapid entry and sustainment for the arctic[8,000] 0390603134ACOUNTER IMPROVISED-THREAT SIMULATION24,74724,747 0400603386ABIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH53,73653,736 0410603457AC3I CYBER ADVANCED DEVELOPMENT31,42631,426 0420603461AHIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM189,123229,123 Program increase[40,000] 0430603462ANEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY164,951179,951 Cyber and connected vehicle integration research[3,500] Program increase—combat vehicle lithium 6T battery development[1,500] Robotics development[5,000] Vehicle cyber security research[5,000] 0440603463ANETWORK C3I ADVANCED TECHNOLOGY155,867161,867 C3I assured position, navigation, and timing technology[4,000] Command post modernization[2,000] 0450603464ALONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY93,909113,909 Missile effects planning tool development[10,000] Project AG5[10,000] 0460603465AFUTURE VERTICAL LIFT ADVANCED TECHNOLOGY179,677187,677 Program increase—20mm chaingun development for FLARA[8,000] 0470603466AAIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY48,82668,826 Program increase—armored combat vehicle HEL integration[10,000] Program increase—missile MENTOR[10,000] 0480603920AHUMANITARIAN DEMINING8,6498,649 **SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT****1,297,437****1,459,437** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0490603305AARMY MISSILE DEFENSE SYSTEMS INTEGRATION11,70225,702 Electro-magnetic denial and protect[6,000] PNT resiliency lab[8,000] 0500603308AARMY SPACE SYSTEMS INTEGRATION18,75520,755 Program increase—multi-function and multi-mission payload[2,000] 0510603327AAIR AND MISSILE DEFENSE SYSTEMS ENGINEERING5,000 Program increase—machine learning for integrated fires[5,000] 0520603619ALANDMINE WARFARE AND BARRIER—ADV DEV50,31448,814 Test and evaluation excess[–1,500] 0530603639ATANK AND MEDIUM CALIBER AMMUNITION79,87377,373 Testing excess[–2,500]135 STAT. 2270 0540603645AARMORED SYSTEM MODERNIZATION—ADV DEV170,590166,590 Excess to need[–4,000] 0550603747ASOLDIER SUPPORT AND SURVIVABILITY2,8972,897 0560603766ATACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV113,365113,365 0570603774ANIGHT VISION SYSTEMS ADVANCED DEVELOPMENT18,00021,804 Soldier maneuver sensors adv dev lethality smart system—Army UPL[3,804] 0580603779AENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL11,92111,921 0590603790ANATO RESEARCH AND DEVELOPMENT3,7773,777 0600603801AAVIATION—ADV DEV1,125,6411,134,141 Excess to need[–24,500] Program increase—FLRAA[33,000] 0610603804ALOGISTICS AND ENGINEER EQUIPMENT—ADV DEV7,0557,055 0620603807AMEDICAL SYSTEMS—ADV DEV22,07122,071 0630603827ASOLDIER SYSTEMS—ADVANCED DEVELOPMENT17,45917,459 0640604017AROBOTICS DEVELOPMENT87,19875,048 Excess carryover[–7,150] Unjustified growth—other support costs[–5,000] 0650604019AEXPANDED MISSION AREA MISSILE (EMAM)50,67443,674 IFPC-HEL late contract award[–7,000] 0670604035ALOW EARTH ORBIT
(LEO)SATELLITE CAPABILITY19,63819,638 0680604036AMULTI-DOMAIN SENSING SYSTEM
(MDSS)ADV DEV50,54850,548 0690604037ATACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV28,34728,347 0700604100AANALYSIS OF ALTERNATIVES10,09110,091 0710604101ASMALL UNMANNED AERIAL VEHICLE
(SUAV)(6.4)926926 0720604113AFUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS)69,69775,697 Army UFR—Acceleration of FTUAS[6,000] 0730604114ALOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR327,690307,567 Long term power and support costs ahead of need[–20,123] 0740604115ATECHNOLOGY MATURATION INITIATIVES270,124180,324 Insufficient justification[–80,000] Program decrease[–9,800] 0750604117AMANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD)39,37639,376 0760604119AARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING189,483189,483 0770604120AASSURED POSITIONING, NAVIGATION AND TIMING (PNT)96,67996,679 0780604121ASYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING194,195196,795 Prior-year carryover[–2,000] Program increase—multi-sensor terrain data capture and processing[4,600] 0790604134ACOUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING13,37913,379 0800604182AHYPERSONICS300,928300,928 0810604403AFUTURE INTERCEPTOR7,8957,895 0820604531ACOUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT19,14819,148 0830604541AUNIFIED NETWORK TRANSPORT35,40935,409 0840604644AMOBILE MEDIUM RANGE MISSILE286,457286,457 0850604785AINTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4)2,0402,040135 STAT. 2271 0860305251ACYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT52,98852,988 **SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES****3,806,330****3,711,161** **SYSTEM DEVELOPMENT & DEMONSTRATION** 0890604201AAIRCRAFT AVIONICS6,6546,654 0900604270AELECTRONIC WARFARE DEVELOPMENT30,84026,440 Early to need[–4,400] 0910604601AINFANTRY SUPPORT WEAPONS67,87372,873 Program increase—turret gunner survivability and simulation environment[5,000] 0920604604AMEDIUM TACTICAL VEHICLES11,37411,374 0930604611AJAVELIN7,0947,094 0940604622AFAMILY OF HEAVY TACTICAL VEHICLES31,60230,077 Leader/follower test support ahead of need[–1,525] 0950604633AAIR TRAFFIC CONTROL4,4054,405 0960604642ALIGHT TACTICAL WHEELED VEHICLES2,0557,655 Army UFR—Electric light reconnaissance vehicle[5,600] 0970604645AARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV137,256135,506 Government support excess[–1,750] 0980604710ANIGHT VISION SYSTEMS—ENG DEV62,690112,690 Transfer from Other Procurement, Army line 83[50,000] 0990604713ACOMBAT FEEDING, CLOTHING, AND EQUIPMENT1,6581,658 1000604715ANON-SYSTEM TRAINING DEVICES—ENG DEV26,54026,540 1010604741AAIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV59,51859,518 1020604742ACONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT22,33122,331 1030604746AAUTOMATIC TEST EQUIPMENT DEVELOPMENT8,8078,807 1040604760ADISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV7,4537,453 1070604798ABRIGADE ANALYSIS, INTEGRATION AND EVALUATION21,53421,534 1080604802AWEAPONS AND MUNITIONS—ENG DEV309,778306,722 C-DAEM overestimation[–3,056] 1090604804ALOGISTICS AND ENGINEER EQUIPMENT—ENG DEV59,26152,261 Excess carryover[–7,000] 1100604805ACOMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV20,12120,121 1110604807AMEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV44,42444,424 1120604808ALANDMINE WARFARE/BARRIER—ENG DEV14,1379,137 Insufficient justification[–5,000] 1130604818AARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE162,704162,704 1140604820ARADAR DEVELOPMENT127,919127,919 1150604822AGENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS)17,62317,623 1170604827ASOLDIER SYSTEMS—WARRIOR DEM/VAL6,4546,454 1180604852ASUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD106,354127,354 Army UFR—Active protection systems for Bradley and Stryker[21,000] 1200605013AINFORMATION TECHNOLOGY DEVELOPMENT122,168120,168 GFIM unjustified growth[–2,000] 1210605018AINTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A)76,93658,736 Program decrease[–18,200] 1220605028AARMORED MULTI-PURPOSE VEHICLE (AMPV)35,56035,560 1240605030AJOINT TACTICAL NETWORK CENTER (JTNC)16,36416,364 1250605031AJOINT TACTICAL NETWORK (JTN)28,95428,954135 STAT. 2272 1280605035ACOMMON INFRARED COUNTERMEASURES (CIRCM)16,63016,630 1300605038ANUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE7,6187,618 1310605041ADEFENSIVE CYBER TOOL DEVELOPMENT18,89213,892 Cyber situational understanding reduction[–5,000] 1320605042ATACTICAL NETWORK RADIO SYSTEMS (LOW-TIER)28,84928,849 1330605047ACONTRACT WRITING SYSTEM22,96020,960 Program reduction[–2,000] 1350605051AAIRCRAFT SURVIVABILITY DEVELOPMENT65,60365,603 1360605052AINDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1233,512233,512 1370605053AGROUND ROBOTICS18,24118,241 1380605054AEMERGING TECHNOLOGY INITIATIVES254,945254,945 1390605143ABIOMETRICS ENABLING CAPABILITY (BEC)4,3264,326 1400605144ANEXT GENERATION LOAD DEVICE—MEDIUM15,61615,616 1410605145AMEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT962962 1420605148ATACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD54,97254,972 1430605203AARMY SYSTEM DEVELOPMENT & DEMONSTRATION122,175122,175 1440605205ASMALL UNMANNED AERIAL VEHICLE
(SUAV)(6.5)2,2752,275 1450605224AMULTI-DOMAIN INTELLIGENCE9,3139,313 1460605225ASIO CAPABILITY DEVELOPMENT22,71322,713 1470605231APRECISION STRIKE MISSILE (PRSM)188,452188,452 1480605232AHYPERSONICS EMD111,473111,473 1490605233AACCESSIONS INFORMATION ENVIRONMENT (AIE)18,79018,790 1500605450AJOINT AIR-TO-GROUND MISSILE (JAGM)2,1342,134 1510605457AARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD)157,873157,873 1520605531ACOUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION33,38633,386 1530605625AMANNED GROUND VEHICLE225,106203,106 Excess carryover[–10,000] Unjustified growth—other support costs[–7,000] Unjustified growth—program management[–5,000] 1540605766ANATIONAL CAPABILITIES INTEGRATION (MIP)14,45414,454 1550605812AJOINT LIGHT TACTICAL VEHICLE
(JLTV)ENGINEERING AND MANUFACTURING DEVELOPMENT PH2,5642,564 1560605830AAVIATION GROUND SUPPORT EQUIPMENT1,2011,201 1570303032ATROJAN—RH123,3623,362 1610304270AELECTRONIC WARFARE DEVELOPMENT75,52075,520 **SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION****3,392,358****3,402,027** **MANAGEMENT SUPPORT** 1620604256ATHREAT SIMULATOR DEVELOPMENT18,43918,439 1630604258ATARGET SYSTEMS DEVELOPMENT17,40417,404 1640604759AMAJOR T&E INVESTMENT68,13968,139 1650605103ARAND ARROYO CENTER33,12633,126 1660605301AARMY KWAJALEIN ATOLL240,877240,877 1670605326ACONCEPTS EXPERIMENTATION PROGRAM79,71079,710 1690605601AARMY TEST RANGES AND FACILITIES354,227354,227 1700605602AARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS49,25349,253 1710605604ASURVIVABILITY/LETHALITY ANALYSIS36,38936,389 1720605606AAIRCRAFT CERTIFICATION2,4892,489 1730605702AMETEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES6,6896,689 1740605706AMATERIEL SYSTEMS ANALYSIS21,55821,558 1750605709AEXPLOITATION OF FOREIGN ITEMS13,63113,631135 STAT. 2273 1760605712ASUPPORT OF OPERATIONAL TESTING55,12255,122 1770605716AARMY EVALUATION CENTER65,85465,854 1780605718AARMY MODELING & SIM X-CMD COLLABORATION & INTEG2,6332,633 1790605801APROGRAMWIDE ACTIVITIES96,58996,589 1800605803ATECHNICAL INFORMATION ACTIVITIES26,80826,808 1810605805AMUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY43,04248,042 Program increase—polymer case ammunition[5,000] 1820605857AENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT1,7891,789 1830605898AARMY DIRECT REPORT HEADQUARTERS—R&D - MHA52,10852,108 1850606002ARONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE80,95280,952 1860606003ACOUNTERINTEL AND HUMAN INTEL MODERNIZATION5,3635,363 1870606105AMEDICAL PROGRAM-WIDE ACTIVITIES39,04139,041 1880606942AASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES5,4665,466 **SUBTOTAL MANAGEMENT SUPPORT****1,416,698****1,421,698** **OPERATIONAL SYSTEMS DEVELOPMENT** **UNDISTRIBUTED** 1900603778AMLRS PRODUCT IMPROVEMENT PROGRAM12,31412,314 1910605024AANTI-TAMPER TECHNOLOGY SUPPORT8,8688,868 1920607131AWEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS22,82830,828 Agile manufacturing for advanced armament systems[8,000] 1940607136ABLACKHAWK PRODUCT IMPROVEMENT PROGRAM4,7734,773 1950607137ACHINOOK PRODUCT IMPROVEMENT PROGRAM52,37270,372 CH–47 Chinook cargo on/off loading system[8,000] Program increase—T55–714C acceleration[10,000] 1960607139AIMPROVED TURBINE ENGINE PROGRAM275,024315,024 Army improved turbine engine program[40,000] 1970607142AAVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT12,41712,417 1980607143AUNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS4,5944,594 1990607145AAPACHE FUTURE DEVELOPMENT10,06725,067 Program increase[15,000] 2000607148AAN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM56,68156,681 2010607150AINTEL CYBER DEVELOPMENT3,61112,471 Army UFR—Cyber-Info Dominance Center[8,860] 2020607312AARMY OPERATIONAL SYSTEMS DEVELOPMENT28,02928,029 2030607313AELECTRONIC WARFARE DEVELOPMENT5,6735,673 2040607665AFAMILY OF BIOMETRICS1,1781,178 2050607865APATRIOT PRODUCT IMPROVEMENT125,932125,932 2060203728AJOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS)25,54725,547 2070203735ACOMBAT VEHICLE IMPROVEMENT PROGRAMS211,523276,523 Program increase—Abrams modernization[65,000] 2080203743A155MM SELF-PROPELLED HOWITZER IMPROVEMENTS213,281208,136 Excess carryover[–5,145] 2100203752AAIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM132132 2110203758ADIGITIZATION3,9363,936 2120203801AMISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM127127 2130203802AOTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS10,26510,265 2140205412AENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV262262135 STAT. 2274 2150205456ALOWER TIER AIR AND MISSILE DEFENSE
(AMD)SYSTEM182182 2160205778AGUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS)63,93763,937 2170208053AJOINT TACTICAL GROUND SYSTEM13,37913,379 2190303028ASECURITY AND INTELLIGENCE ACTIVITIES24,53124,531 2200303140AINFORMATION SYSTEMS SECURITY PROGRAM15,72011,720 Carryover[–4,000] 2210303141AGLOBAL COMBAT SUPPORT SYSTEM52,73961,739 Army UFR—ERP convergence/modernization[9,000] 2220303142ASATCOM GROUND ENVIRONMENT (SPACE)15,24715,247 2260305179AINTEGRATED BROADCAST SERVICE (IBS)5,4305,430 2270305204ATACTICAL UNMANNED AERIAL VEHICLES8,4108,410 2280305206AAIRBORNE RECONNAISSANCE SYSTEMS24,46024,460 2330307665ABIOMETRICS ENABLED INTELLIGENCE2,0662,066 2340708045AEND ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES61,72076,720 Digital night vision cameras[15,000] **SUBTOTAL UNDISTRIBUTED****169,715** 9999999999999CLASSIFIED PROGRAMS2,9932,993 **SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT****1,380,248****1,549,963** **SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS** 2370608041ADEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT118,811118,811 **SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS****118,811****118,811** **TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY****12,799,645****13,312,957** **RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY** **BASIC RESEARCH** 0010601103NUNIVERSITY RESEARCH INITIATIVES117,448167,448 Defense university research instrumentation program[20,000] University research programs[30,000] 0020601152NIN-HOUSE LABORATORY INDEPENDENT RESEARCH23,399 Program increase[23,399] 0030601153NDEFENSE RESEARCH SCIENCES484,421489,406 CPF—Digital twins for Navy maintenance[1,985] Program increase[3,000] **SUBTOTAL BASIC RESEARCH****601,869****680,253** **APPLIED RESEARCH** 0040602114NPOWER PROJECTION APPLIED RESEARCH23,01331,013 Program increase—multi-mission UAV-borne electronic attack[8,000] 0050602123NFORCE PROTECTION APPLIED RESEARCH122,888138,388 Relative positioning of autonomous platforms[3,000] Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP)[2,000] Talent and technology for Navy power and energy systems[10,500] 0060602131MMARINE CORPS LANDING FORCE TECHNOLOGY51,11258,612 Program increase—unmanned logistics solutions[7,500] 0070602235NCOMMON PICTURE APPLIED RESEARCH51,47751,477 0080602236NWARFIGHTER SUSTAINMENT APPLIED RESEARCH70,54778,547 Anti-corrosion nanotechnologies[3,000] High mobility ground robots to assist dismounted infantry in urban operations[5,000]135 STAT. 2275 0090602271NELECTROMAGNETIC SYSTEMS APPLIED RESEARCH85,15785,157 0100602435NOCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH70,08670,086 0110602651MJOINT NON-LETHAL WEAPONS APPLIED RESEARCH6,4056,405 0120602747NUNDERSEA WARFARE APPLIED RESEARCH57,48498,984 Academic partnerships for undersea vehicle research and manufacturing[16,500] Continuous distributed sensing systems[4,000] CPF—connected AI for autonomous UUV systems[5,000] CPF—persistent maritime surveillance[5,000] Program increase—undersea warfare applied research ocean aero[11,000] 0130602750NFUTURE NAVAL CAPABILITIES APPLIED RESEARCH173,356193,356 Program increase—long endurance, autonomous mobile acoustic detection systems[20,000] 0140602782NMINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH32,16032,160 0150602792NINNOVATIVE NAVAL PROTOTYPES
(INP)APPLIED RESEARCH152,976152,976 0160602861NSCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES79,25479,254 **SUBTOTAL APPLIED RESEARCH****975,915****1,076,415** **ADVANCED TECHNOLOGY DEVELOPMENT** 0170603123NFORCE PROTECTION ADVANCED TECHNOLOGY21,66121,661 0180603271NELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY8,1468,146 0190603640MUSMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD)224,155274,055 Marine Corps UFR—Maritime Targeting Cell-Expeditionary[5,300] Marine Corps UFR—Unmanned adversary technology investment[10,000] Next generation logistics—autonomous littoral connector[9,600] Program increase—low-cost atrittable aircraft technology[25,000] 0200603651MJOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT13,42913,429 0210603673NFUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT265,299265,299 0220603680NMANUFACTURING TECHNOLOGY PROGRAM57,23657,236 0230603729NWARFIGHTER PROTECTION ADVANCED TECHNOLOGY4,9354,935 0240603758NNAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS47,16747,167 0250603782NMINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY1,9811,981 0260603801NINNOVATIVE NAVAL PROTOTYPES
(INP)ADVANCED TECHNOLOGY DEVELOPMENT133,779153,779 Attritable group III ultra-long endurance unmanned aircraft for persistent ISR[10,000] Program increase—railgun[10,000] **SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT****777,788****847,688** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0270603128NUNMANNED AERIAL SYSTEM16,87916,879 0280603178NMEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS)144,846102,846 LUSV integrated combat system early to need[–42,000] 0290603207NAIR/OCEAN TACTICAL APPLICATIONS27,84927,849135 STAT. 2276 0300603216NAVIATION SURVIVABILITY16,81516,815 0310603239NNAVAL CONSTRUCTION FORCES5,2905,290 0330603254NASW SYSTEMS DEVELOPMENT17,61217,612 0340603261NTACTICAL AIRBORNE RECONNAISSANCE3,1113,111 0350603382NADVANCED COMBAT SYSTEMS TECHNOLOGY32,31032,310 0360603502NSURFACE AND SHALLOW WATER MINE COUNTERMEASURES58,01358,013 0370603506NSURFACE SHIP TORPEDO DEFENSE1,8621,862 0380603512NCARRIER SYSTEMS DEVELOPMENT7,1827,182 0390603525NPILOT FISH408,087408,087 0400603527NRETRACT LARCH44,19744,197 0410603536NRETRACT JUNIPER144,541144,541 0420603542NRADIOLOGICAL CONTROL761761 0430603553NSURFACE ASW1,1441,144 0440603561NADVANCED SUBMARINE SYSTEM DEVELOPMENT99,78299,782 0450603562NSUBMARINE TACTICAL WARFARE SYSTEMS14,05914,059 0460603563NSHIP CONCEPT ADVANCED DESIGN111,590111,590 0470603564NSHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES106,957106,957 0480603570NADVANCED NUCLEAR POWER SYSTEMS203,572203,572 0490603573NADVANCED SURFACE MACHINERY SYSTEMS78,12278,122 0500603576NCHALK EAGLE80,27080,270 0510603581NLITTORAL COMBAT SHIP (LCS)84,92484,924 0520603582NCOMBAT SYSTEM INTEGRATION17,32217,322 0530603595NOHIO REPLACEMENT296,231303,731 Program increase—composites development[7,500] 0540603596NLCS MISSION MODULES75,99575,995 0550603597NAUTOMATED TEST AND RE-TEST (ATRT)7,8057,805 0560603599NFRIGATE DEVELOPMENT109,459109,459 0570603609NCONVENTIONAL MUNITIONS7,2967,296 0580603635MMARINE CORPS GROUND COMBAT/SUPPORT SYSTEM77,06567,707 Armored reconnaissance vehicle GFE excess to need[–4,400] Armored reconnaissance vehicle testing early to need[–4,958] 0590603654NJOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT34,78534,785 0600603713NOCEAN ENGINEERING TECHNOLOGY DEVELOPMENT8,7748,774 0610603721NENVIRONMENTAL PROTECTION20,67720,677 0620603724NNAVY ENERGY PROGRAM33,82443,824 AR3P auto refueling system[10,000] 0630603725NFACILITIES IMPROVEMENT6,3276,327 0640603734NCHALK CORAL579,389579,389 0650603739NNAVY LOGISTIC PRODUCTIVITY669669 0660603746NRETRACT MAPLE295,295295,295 0670603748NLINK PLUMERIA692,280692,280 0680603751NRETRACT ELM83,90483,904 0690603764MLINK EVERGREEN221,253264,453 Marine Corps UFR—Additional development[43,200] 0710603790NNATO RESEARCH AND DEVELOPMENT5,8055,805 0720603795NLAND ATTACK TECHNOLOGY4,0174,017 0730603851MJOINT NON-LETHAL WEAPONS TESTING29,58929,589 0740603860NJOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL24,45024,450 0750603925NDIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS81,80381,803 0760604014NF/A –18 INFRARED SEARCH AND TRACK (IRST)48,79348,793 0770604027NDIGITAL WARFARE OFFICE46,76955,752 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2)[8,983] 0780604028NSMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES84,67684,676 0790604029NUNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES59,29959,299135 STAT. 2277 0810604031NLARGE UNMANNED UNDERSEA VEHICLES88,06381,407 Contract award excess to need[–6,656] 0820604112NGERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80)121,509121,509 0830604126NLITTORAL AIRBORNE MCM18,66915,187 COBRA Block II early to need[–3,482] 0840604127NSURFACE MINE COUNTERMEASURES13,65513,655 0850604272NTACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM)33,24633,246 0860604289MNEXT GENERATION LOGISTICS1,0711,071 0870604292NFUTURE VERTICAL LIFT (MARITIME STRIKE)9,8259,825 0880604320MRAPID TECHNOLOGY CAPABILITY PROTOTYPE6,5556,555 0890604454NLX (R)3,3443,344 0900604536NADVANCED UNDERSEA PROTOTYPING58,47351,283 Test and evaluation excess to need[–7,190] 0910604636NCOUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS)5,5295,529 0920604659NPRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM97,94497,944 0930604707NSPACE AND ELECTRONIC WARFARE
(SEW)ARCHITECTURE/ENGINEERING SUPPORT9,3409,340 0940604786NOFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT127,756104,756 Project 3343 lack of program justification[–23,000] 0950605512NMEDIUM UNMANNED SURFACE VEHICLES (MUSVS))60,02860,028 0960605513NUNMANNED SURFACE VEHICLE ENABLING CAPABILITIES170,838123,838 USV machinery qualification insufficient justification[–47,000] 0970605514MGROUND BASED ANTI-SHIP MISSILE (MARFORRES)102,716102,716 0980605516MLONG RANGE FIRES (MARFORRES)88,47988,479 0990605518NCONVENTIONAL PROMPT STRIKE (CPS)1,372,3401,498,340 Navy UFR—Additional CPS development[126,000] 1000303354NASW SYSTEMS DEVELOPMENT—MIP8,5718,571 1010304240MADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM16,20423,204 Program increase—K-max unmanned logistics system[7,000] 1020304270NELECTRONIC WARFARE DEVELOPMENT—MIP506506 **SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES****7,077,987****7,141,984** **SYSTEM DEVELOPMENT & DEMONSTRATION** 1030603208NTRAINING SYSTEM AIRCRAFT5,8645,864 1040604212NOTHER HELO DEVELOPMENT56,44449,312 Attack and utility replacement aircraft excess studies and analysis[–7,132] 1050604214MAV–8B AIRCRAFT—ENG DEV10,14610,146 1060604215NSTANDARDS DEVELOPMENT4,0824,082 1070604216NMULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT46,41854,418 Program increase—MH–60 modernization[8,000] 1080604221NP–3 MODERNIZATION PROGRAM579579 1090604230NWARFARE SUPPORT SYSTEM10,16710,167 1100604231NCOMMAND AND CONTROL SYSTEMS122,913122,913 1110604234NADVANCED HAWKEYE386,860386,860 1120604245MH–1 UPGRADES50,15850,158 1130604261NACOUSTIC SEARCH SENSORS46,06646,066 1140604262NV–22A107,984107,984 1150604264NAIR CREW SYSTEMS DEVELOPMENT22,74622,746 1160604269NEA–1868,42568,425 1170604270NELECTRONIC WARFARE DEVELOPMENT139,535136,593 Dual band decoy previously funded[–2,942] 1180604273MEXECUTIVE HELO DEVELOPMENT45,93245,932135 STAT. 2278 1190604274NNEXT GENERATION JAMMER (NGJ)243,923235,423 Test and evaluation delays[–8,500] 1200604280NJOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY)234,434243,417 Navy tactical grid development for JADC2[8,983] 1210604282NNEXT GENERATION JAMMER
(NGJ)INCREMENT II248,096230,100 Contract delays[–17,996] 1220604307NSURFACE COMBATANT COMBAT SYSTEM ENGINEERING371,575371,575 1230604311NLPD–17 CLASS SYSTEMS INTEGRATION904904 1240604329NSMALL DIAMETER BOMB (SDB)46,76946,769 1250604366NSTANDARD MISSILE IMPROVEMENTS343,511343,511 1260604373NAIRBORNE MCM10,88110,881 1270604378NNAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING46,12152,621 Program increase—stratospheric balloons[6,500] 1280604419NADVANCED SENSORS APPLICATION PROGRAM (ASAP)15,000 Program increase[15,000] 1290604501NADVANCED ABOVE WATER SENSORS77,85277,852 1300604503NSSN–688 AND TRIDENT MODERNIZATION95,69395,693 1310604504NAIR CONTROL27,49927,499 1320604512NSHIPBOARD AVIATION SYSTEMS8,9248,924 1330604518NCOMBAT INFORMATION CENTER CONVERSION11,63111,631 1340604522NAIR AND MISSILE DEFENSE RADAR
(AMDR)SYSTEM96,55696,556 1350604530NADVANCED ARRESTING GEAR (AAG)147147 1360604558NNEW DESIGN SSN503,252603,252 SSN Block VI design and advanced capabilities[100,000] 1370604562NSUBMARINE TACTICAL WARFARE SYSTEM62,11562,115 1380604567NSHIP CONTRACT DESIGN/ LIVE FIRE T&E54,82954,829 1390604574NNAVY TACTICAL COMPUTER RESOURCES4,2904,290 1400604601NMINE DEVELOPMENT76,02765,646 Encapsulated effector contract delays[–10,381] 1410604610NLIGHTWEIGHT TORPEDO DEVELOPMENT94,38694,386 1420604654NJOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT8,3488,348 1430604657MUSMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV42,14442,144 1440604703NPERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS7,3757,375 1460604755NSHIP SELF DEFENSE (DETECT & CONTROL)149,433149,433 1470604756NSHIP SELF DEFENSE (ENGAGE: HARD KILL)87,86284,488 Project 0173 MK9 CWTI replacement delay[–3,374] 1480604757NSHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW)69,00669,006 1490604761NINTELLIGENCE ENGINEERING20,68420,684 1500604771NMEDICAL DEVELOPMENT3,96711,467 Program increase—autonomous aerial technology for distributed logistics[7,500] 1510604777NNAVIGATION/ID SYSTEM48,83748,837 1520604800MJOINT STRIKE FIGHTER (JSF)—EMD577577 1530604800NJOINT STRIKE FIGHTER (JSF)—EMD262262 1540604850NSSN(X)29,82929,829 1550605013MINFORMATION TECHNOLOGY DEVELOPMENT11,27711,277 1560605013NINFORMATION TECHNOLOGY DEVELOPMENT243,828239,892 Contract writing systems reduction[–3,936] 1570605024NANTI-TAMPER TECHNOLOGY SUPPORT8,4268,426 1580605180NTACAMO MODERNIZATION150,59290,472 Unjustified air vehicle acquisition strategy[–60,120] 1590605212MCH–53K RDTE256,903256,903 1600605215NMISSION PLANNING88,12888,128 1610605217NCOMMON AVIONICS60,11792,017 Marine Corps UFR—MANGL Digital Interoperability[31,900] 1620605220NSHIP TO SHORE CONNECTOR (SSC)6,3206,320 1630605327NT-AO 205 CLASS4,3364,336135 STAT. 2279 1640605414NUNMANNED CARRIER AVIATION (UCA)268,937268,937 1650605450MJOINT AIR-TO-GROUND MISSILE (JAGM)356356 1660605500NMULTI-MISSION MARITIME AIRCRAFT (MMA)27,27927,279 1670605504NMULTI-MISSION MARITIME
(MMA)INCREMENT III173,784173,784 1680605611MMARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION80,70980,709 1690605813MJOINT LIGHT TACTICAL VEHICLE
(JLTV)SYSTEM DEVELOPMENT & DEMONSTRATION2,0052,005 1700204202NDDG–1000112,576112,576 1740304785NISR & INFO OPERATIONS136,140133,781 Program decrease[–2,359] 1750306250MCYBER OPERATIONS TECHNOLOGY DEVELOPMENT26,31826,318 **SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION****5,910,089****5,971,232** **MANAGEMENT SUPPORT** 1760604256NTHREAT SIMULATOR DEVELOPMENT20,86220,862 1770604258NTARGET SYSTEMS DEVELOPMENT12,11312,113 1780604759NMAJOR T&E INVESTMENT84,61784,617 1790605152NSTUDIES AND ANALYSIS SUPPORT—NAVY3,1083,108 1800605154NCENTER FOR NAVAL ANALYSES38,59038,590 1830605804NTECHNICAL INFORMATION SERVICES934934 1840605853NMANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT93,96693,966 1850605856NSTRATEGIC TECHNICAL SUPPORT3,5383,538 1860605863NRDT&E SHIP AND AIRCRAFT SUPPORT135,149135,149 1870605864NTEST AND EVALUATION SUPPORT429,277429,277 1880605865NOPERATIONAL TEST AND EVALUATION CAPABILITY24,87224,872 1890605866NNAVY SPACE AND ELECTRONIC WARFARE
(SEW)SUPPORT17,65317,653 1900605867NSEW SURVEILLANCE/RECONNAISSANCE SUPPORT8,0658,065 1910605873MMARINE CORPS PROGRAM WIDE SUPPORT47,04244,042 Wargaming capability project restructured[–3,000] 1920605898NMANAGEMENT HQ—R&D35,61435,614 1930606355NWARFARE INNOVATION MANAGEMENT38,95838,958 1940305327NINSIDER THREAT2,5812,581 1950902498NMANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES)1,7471,747 **SUBTOTAL MANAGEMENT SUPPORT****998,686****995,686** **OPERATIONAL SYSTEMS DEVELOPMENT** 1990604840MF–35 C2D2515,746515,746 2000604840NF–35 C2D2481,962481,962 2010605520MMARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES)65,38165,381 2020607658NCOOPERATIVE ENGAGEMENT CAPABILITY (CEC)176,486176,486 2030101221NSTRATEGIC SUB & WEAPONS SYSTEM SUPPORT177,098198,998 D5LE2 integration and test early to need[–2,100] Next generation strategic inertial measurement unit[9,000] Strategic weapons system shipboard navigation modernization[15,000] 2040101224NSSBN SECURITY TECHNOLOGY PROGRAM45,77545,775 2050101226NSUBMARINE ACOUSTIC WARFARE DEVELOPMENT64,75264,752 2060101402NNAVY STRATEGIC COMMUNICATIONS35,45135,451 2070204136NF/A–18 SQUADRONS189,224196,224 Program increase—neural network algorithms on advanced processors[3,000] Program increase—noise reduction research[4,000] 2080204228NSURFACE SUPPORT13,73313,733135 STAT. 2280 2090204229NTOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC)132,181132,181 2100204311NINTEGRATED SURVEILLANCE SYSTEM84,27684,276 2110204313NSHIP-TOWED ARRAY SURVEILLANCE SYSTEMS6,2616,261 2120204413NAMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT)1,6571,657 2130204460MGROUND/AIR TASK ORIENTED RADAR (G/ATOR)21,36768,367 Marine Corps UFR—Air traffic control Block IV development[23,000] Marine Corps UFR—Radar signal processor refresh[12,000] Marine Corps UFR—Software mods to implement NIFC[12,000] 2140204571NCONSOLIDATED TRAINING SYSTEMS DEVELOPMENT56,74156,741 2150204575NELECTRONIC WARFARE
(EW)READINESS SUPPORT62,00662,006 2160205601NANTI-RADIATION MISSILE IMPROVEMENT133,520125,823 Program decrease[–7,697] 2170205620NSURFACE ASW COMBAT SYSTEM INTEGRATION28,80428,804 2180205632NMK–48 ADCAP114,492114,492 2190205633NAVIATION IMPROVEMENTS132,486132,486 2200205675NOPERATIONAL NUCLEAR POWER SYSTEMS113,760113,760 2210206313MMARINE CORPS COMMUNICATIONS SYSTEMS89,89792,697 Compact solid state antenna—USMC UPL[2,800] 2220206335MCOMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S)9,32412,824 Marine Corps UFR—Software development for NIFC integration[3,500] 2230206623MMARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS108,235108,235 2240206624MMARINE CORPS COMBAT SERVICES SUPPORT13,18513,185 2250206625MUSMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP)37,69544,295 Marine Corps UFR—G-BOSS High Definition modernization[3,700] Marine Corps UFR—SCINet transition[2,900] 2260206629MAMPHIBIOUS ASSAULT VEHICLE7,5517,551 2270207161NTACTICAL AIM MISSILES23,88123,881 2280207163NADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM)32,56432,564 2290208043NPLANNING AND DECISION AID SYSTEM (PDAS)3,1013,101 2340303138NAFLOAT NETWORKS30,89035,690 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2)[4,800] 2350303140NINFORMATION SYSTEMS SECURITY PROGRAM33,31133,311 2360305192NMILITARY INTELLIGENCE PROGRAM
(MIP)ACTIVITIES7,5147,514 2370305204NTACTICAL UNMANNED AERIAL VEHICLES9,8379,837 2380305205NUAS INTEGRATION AND INTEROPERABILITY9,7979,797 2390305208MDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS38,80038,800 2400305220NMQ–4C TRITON13,02913,029 2410305231NMQ–8 UAV26,54326,543 2420305232MRQ–11 UAV533533 2430305234NSMALL (LEVEL 0) TACTICAL UAS (STUASL0)1,7721,772 2450305241NMULTI-INTELLIGENCE SENSOR DEVELOPMENT59,25259,252 2460305242MUNMANNED AERIAL SYSTEMS
(UAS)PAYLOADS (MIP)9,2749,274 2470305251NCYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT36,37836,378 2480305421NRQ–4 MODERNIZATION134,323134,323 2490307577NINTELLIGENCE MISSION DATA (IMD)907907 2500308601NMODELING AND SIMULATION SUPPORT9,7729,772 2510702207NDEPOT MAINTENANCE (NON-IF)36,88041,880135 STAT. 2281 CPF—defense industrial skills and technology training[5,000] 2520708730NMARITIME TECHNOLOGY (MARITECH)3,3293,329 9999999999999CLASSIFIED PROGRAMS1,872,5861,872,586 **SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT****5,313,319****5,404,222** **SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS** **UNDISTRIBUTED** 2540608013NRISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM13,70313,703 2550608113NNAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM955,151955,151 2560608231NMARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM14,85514,855 **SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS****983,709****983,709** **TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY****22,639,362****23,101,189** **RESEARCH, DEVELOPMENT, TEST & EVAL, AF** **BASIC RESEARCH** 0010601102FDEFENSE RESEARCH SCIENCES328,303347,823 Program increase—basic research[19,520] 0020601103FUNIVERSITY RESEARCH INITIATIVES162,403193,903 CPF—neural-enabled prosthetics[1,500] University research programs[30,000] **SUBTOTAL BASIC RESEARCH****490,706****541,726** **APPLIED RESEARCH** 0040602020FFUTURE AF CAPABILITIES APPLIED RESEARCH79,90179,901 0050602102FMATERIALS113,460145,460 Continuous composites 3D printing[7,000] CPF—affordable multifunctional aerospace composites[10,000] Digital maintenance advisor[5,000] High energy synchrotron x-ray research[5,000] Maturation of carbon/carbon thermal protection systems[5,000] 0060602201FAEROSPACE VEHICLE TECHNOLOGIES163,032170,532 Ground test and development of hypersonic engines[5,000] Nano-UAS for the military warfighter[2,500] 0070602202FHUMAN EFFECTIVENESS APPLIED RESEARCH136,273136,273 0080602203FAEROSPACE PROPULSION174,683181,683 Low-cost small turbine engine research[7,000] 0090602204FAEROSPACE SENSORS198,918461,918 Chip-locking microelectronics security[6,000] Cyber assurance and assessment of electronic hardware systems[7,000] Microelectronics research network[250,000] 0110602298FSCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES8,8918,891 0120602602FCONVENTIONAL MUNITIONS151,757151,757 0130602605FDIRECTED ENERGY TECHNOLOGY111,052113,552 CPF—directed energy research and education for workforce development[2,500] 0140602788FDOMINANT INFORMATION SCIENCES AND METHODS169,110181,110 CPF—assessment of a national laboratory for transformational computing[2,000] Program increase—quantum network testbed[10,000] **SUBTOTAL APPLIED RESEARCH****1,307,077****1,631,077** 135 STAT. 2282 **ADVANCED TECHNOLOGY DEVELOPMENT** 0170603032FFUTURE AF INTEGRATED TECHNOLOGY DEMOS131,643187,643 Procure Valkyrie aircraft[75,000] Program reduction[–19,000] 0180603112FADVANCED MATERIALS FOR WEAPON SYSTEMS31,90541,905 Metals affordability research[10,000] 0190603199FSUSTAINMENT SCIENCE AND TECHNOLOGY (S&T)21,05721,057 0200603203FADVANCED AEROSPACE SENSORS45,46454,764 Authorization software for autonomous sensors[9,300] 0210603211FAEROSPACE TECHNOLOGY DEV/DEMO70,48685,486 Enhanced capability hypersonic airbreathing testbed[15,000] 0220603216FAEROSPACE PROPULSION AND POWER TECHNOLOGY75,273159,773 CPF—development of advanced propulsion technologies for hypersonic systems[5,000] Ground testing of reusable high mach turbine engines[20,000] Next generation UAS propulsion development[30,000] Reusable high mach turbine engine[29,500] 0230603270FELECTRONIC COMBAT TECHNOLOGY46,59146,591 0260603456FHUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT24,58924,589 0270603601FCONVENTIONAL WEAPONS TECHNOLOGY157,423157,423 0280603605FADVANCED WEAPONS TECHNOLOGY28,25833,258 Program increase—LIDAR CUAS automated target recognition[5,000] 0290603680FMANUFACTURING TECHNOLOGY PROGRAM45,259157,259 Aerospace and defense supply ecosystem[6,000] CPF—additive manufacturing and ultra-high performance concrete[5,000] Program increase[70,000] Smart manufacturing digital thread initiative[10,000] Sustainment and modernization research and development program[7,000] Universal robotic controller[6,000] Virtual, augmented, and mixed reality readiness[8,000] 0300603788FBATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION56,77256,772 **SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT****734,720****1,026,520** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0310603260FINTELLIGENCE ADVANCED DEVELOPMENT5,7955,795 0320603742FCOMBAT IDENTIFICATION TECHNOLOGY21,93921,939 0330603790FNATO RESEARCH AND DEVELOPMENT4,1144,114 0340603851FINTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL49,62149,621 0360604001FNC3 ADVANCED CONCEPTS6,9006,900 0370604002FAIR FORCE WEATHER SERVICES RESEARCH986986 0380604003FADVANCED BATTLE MANAGEMENT SYSTEM (ABMS)203,849203,849 0390604004FADVANCED ENGINE DEVELOPMENT123,712380,712 Program increase—AETP[257,000] 0400604006FARCHITECTURE INITIATIVES82,438128,438 Acceleration of tactical datalink waveform[80,000] Program decrease[–34,000] 0410604015FLONG RANGE STRIKE—BOMBER2,872,6242,872,624 0420604032FDIRECTED ENERGY PROTOTYPING10,82010,820 0430604033FHYPERSONICS PROTOTYPING438,378438,378 0440604201FPNT RESILIENCY, MODS, AND IMPROVEMENTS39,74239,742 0450604257FADVANCED TECHNOLOGY AND SENSORS23,74523,745 0460604288FSURVIVABLE AIRBORNE OPERATIONS CENTER95,78895,788 0470604317FTECHNOLOGY TRANSFER15,76823,268135 STAT. 2283 Program increase—academic partnership intermediary agreement tech transfer[7,500] 0480604327FHARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM15,88615,886 0490604414FCYBER RESILIENCY OF WEAPON SYSTEMS-ACS71,22971,229 0500604776FDEPLOYMENT & DISTRIBUTION ENTERPRISE R&D40,10340,103 0510604858FTECH TRANSITION PROGRAM343,545442,545 Blended wing body prototype phase 1[15,000] C–17 active winglets phase 1[2,000] KC–135 winglets[2,000] NORTHCOM UFR—Proliferated low earth orbit Arctic communications[80,000] 0520605230FGROUND BASED STRATEGIC DETERRENT2,553,5412,553,541 0540207110FNEXT GENERATION AIR DOMINANCE1,524,6671,524,667 0550207455FTHREE DIMENSIONAL LONG-RANGE RADAR (3DELRR)50,000 Build command and control framework[50,000] 0560207522FAIRBASE AIR DEFENSE SYSTEMS (ABADS)10,90510,905 0570208030FWAR RESERVE MATERIEL—AMMUNITION3,9433,943 0590305236FCOMMON DATA LINK EXECUTIVE AGENT (CDL EA)43,88143,881 0610305601FMISSION PARTNER ENVIRONMENTS16,42016,420 0620306250FCYBER OPERATIONS TECHNOLOGY SUPPORT242,499282,499 Coordination with private sector to protect against foreign malicious cyber actors[15,000] CYBERCOM UFR enhanced attribution transition[25,000] 0630306415FENABLED CYBER ACTIVITIES16,57816,578 0660901410FCONTRACTING INFORMATION TECHNOLOGY SYSTEM20,34320,343 **SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES****8,899,759****9,399,259** **SYSTEM DEVELOPMENT & DEMONSTRATION** 0780604200FFUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS23,49923,499 0790604201FPNT RESILIENCY, MODS, AND IMPROVEMENTS167,520167,520 0800604222FNUCLEAR WEAPONS SUPPORT30,05030,050 0810604270FELECTRONIC WARFARE DEVELOPMENT2,1102,110 0820604281FTACTICAL DATA NETWORKS ENTERPRISE169,836169,836 0830604287FPHYSICAL SECURITY EQUIPMENT8,4698,469 0850604602FARMAMENT/ORDNANCE DEVELOPMENT9,0479,047 0860604604FSUBMUNITIONS2,9542,954 0870604617FAGILE COMBAT SUPPORT16,60316,603 0890604706FLIFE SUPPORT SYSTEMS25,43725,437 0900604735FCOMBAT TRAINING RANGES23,98034,180 Air Force combat training ranges[7,200] Gulf test range improvement[3,000] 0920604932FLONG RANGE STANDOFF WEAPON609,042609,042 0930604933FICBM FUZE MODERNIZATION129,709129,709 0950605056FOPEN ARCHITECTURE MANAGEMENT37,10937,109 0960605221FKC–4611 0970605223FADVANCED PILOT TRAINING188,898188,898 0980605229FHH–60W66,35530,506 Early to need—capability upgrades and modernization[–35,849] 1010207171FF–15 EPAWSS112,012112,012 1020207328FSTAND IN ATTACK WEAPON166,570166,570 1030207701FFULL COMBAT MISSION TRAINING7,06412,064 Program increase—airborne augmented reality for pilot training[5,000] 1050401221FKC–46A TANKER SQUADRONS73,45967,459 Underexecution[–6,000] 1070401319FVC–25B680,665655,665 Early to need[–25,000] 1080701212FAUTOMATED TEST SYSTEMS15,44515,445135 STAT. 2284 1090804772FTRAINING DEVELOPMENTS4,4824,482 **SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION****2,570,316****2,518,667** **MANAGEMENT SUPPORT** 1240604256FTHREAT SIMULATOR DEVELOPMENT41,90941,909 1250604759FMAJOR T&E INVESTMENT130,766130,766 1260605101FRAND PROJECT AIR FORCE36,01736,017 1280605712FINITIAL OPERATIONAL TEST & EVALUATION12,58212,582 1290605807FTEST AND EVALUATION SUPPORT811,032811,032 1310605827FACQ WORKFORCE- GLOBAL VIG & COMBAT SYS243,796243,796 1320605828FACQ WORKFORCE- GLOBAL REACH435,930435,930 1330605829FACQ WORKFORCE- CYBER, NETWORK, & BUS SYS435,274435,274 1350605831FACQ WORKFORCE- CAPABILITY INTEGRATION243,806243,806 1360605832FACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY103,041103,041 1370605833FACQ WORKFORCE- NUCLEAR SYSTEMS226,055226,055 1380605898FMANAGEMENT HQ—R&D4,0794,079 1390605976FFACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT70,78870,788 1400605978FFACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT30,05730,057 1410606017FREQUIREMENTS ANALYSIS AND MATURATION85,79980,799 Program decrease[–5,000] 1420606398FMANAGEMENT HQ—T&E6,1636,163 1430303166FSUPPORT TO INFORMATION OPERATIONS
(IO)CAPABILITIES537537 1440303255FCOMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM25,34035,340 Program increase—NC3 rapid engineering architecture collaboration hub[10,000] 1450308602FENTERPRISE INFORMATION SERVICES (EIS)28,72028,720 1460702806FACQUISITION AND MANAGEMENT SUPPORT37,21137,211 1470804731FGENERAL SKILL TRAINING1,5061,506 1480804772FTRAINING DEVELOPMENTS2,9572,957 1501001004FINTERNATIONAL ACTIVITIES2,4202,420 1561206864FSPACE TEST PROGRAM (STP)33 **SUBTOTAL MANAGEMENT SUPPORT****3,015,788****3,020,788** **OPERATIONAL SYSTEMS DEVELOPMENT** 1570604233FSPECIALIZED UNDERGRADUATE FLIGHT TRAINING5,5095,509 1580604445FWIDE AREA SURVEILLANCE2,7602,760 1600604840FF–35 C2D2985,404985,404 1610605018FAF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS)22,01022,010 1620605024FANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY51,49251,492 1630605117FFOREIGN MATERIEL ACQUISITION AND EXPLOITATION71,39171,391 1640605278FHC/MC–130 RECAP RDT&E46,79646,796 1650606018FNC3 INTEGRATION26,53226,532 1670101113FB–52 SQUADRONS715,811660,811 CERP rapid prototyping materiel contract delay[–55,000] 1680101122FAIR-LAUNCHED CRUISE MISSILE (ALCM)453453 1690101126FB–1B SQUADRONS29,12729,127 1700101127FB–2 SQUADRONS144,047144,047 1710101213FMINUTEMAN SQUADRONS113,622113,622 1720101316FWORLDWIDE JOINT STRATEGIC COMMUNICATIONS15,20215,202 1740101328FICBM REENTRY VEHICLES96,31396,313 1760102110FUH–1N REPLACEMENT PROGRAM16,13216,132 1770102326FREGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM771771 1780102412FNORTH WARNING SYSTEM (NWS)9925,199135 STAT. 2285 NORTHCOM UFR—Over the horizon radar[25,100] 1790102417FOVER-THE-HORIZON BACKSCATTER RADAR42,30042,300 1800202834FVEHICLES AND SUPPORT EQUIPMENT—GENERAL5,8895,889 1810205219FMQ–9 UAV85,13584,121 Early to need—program protection technology insertion[–1,014] 1820205671FJOINT COUNTER RCIED ELECTRONIC WARFARE3,1113,111 1830207040FMULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT36,60736,607 1840207131FA–10 SQUADRONS39,22439,224 1850207133FF–16 SQUADRONS224,573224,573 1860207134FF–15E SQUADRONS239,616239,616 1870207136FMANNED DESTRUCTIVE SUPPRESSION15,85515,855 1880207138FF–22A SQUADRONS647,296647,296 1890207142FF–35 SQUADRONS69,36569,365 1900207146FF–15EX118,126118,126 1910207161FTACTICAL AIM MISSILES32,97432,974 1920207163FADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM)51,28851,288 1930207227FCOMBAT RESCUE—PARARESCUE852852 1940207247FAF TENCAP23,68523,685 1950207249FPRECISION ATTACK SYSTEMS PROCUREMENT12,08312,083 1960207253FCOMPASS CALL91,26691,266 1970207268FAIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM103,715103,715 1980207325FJOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM)117,325117,325 1990207327FSMALL DIAMETER BOMB (SDB)27,10927,109 2000207410FAIR & SPACE OPERATIONS CENTER (AOC)33 2010207412FCONTROL AND REPORTING CENTER (CRC)9,8759,875 2020207417FAIRBORNE WARNING AND CONTROL SYSTEM (AWACS)171,014171,014 2030207418FAFSPECWAR—TACP4,5984,598 2050207431FCOMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES21,86321,863 2060207438FTHEATER BATTLE MANAGEMENT
(TBM)C4I7,9057,905 2070207439FELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR)15,00015,000 2080207444FTACTICAL AIR CONTROL PARTY-MOD13,08113,081 2090207452FDCAPES4,3054,305 2100207521FAIR FORCE CALIBRATION PROGRAMS1,9841,984 2110207522FAIRBASE AIR DEFENSE SYSTEMS (ABADS)7,3927,392 2120207573FNATIONAL TECHNICAL NUCLEAR FORENSICS1,9711,971 2130207590FSEEK EAGLE30,53930,539 2140207601FUSAF MODELING AND SIMULATION17,11017,110 2150207605FWARGAMING AND SIMULATION CENTERS7,5357,535 2160207610FBATTLEFIELD ABN COMM NODE (BACN)32,00832,008 2170207697FDISTRIBUTED TRAINING AND EXERCISES4,0074,007 2180208006FMISSION PLANNING SYSTEMS92,55792,557 2190208007FTACTICAL DECEPTION489489 2200208064FOPERATIONAL HQ—CYBER2,1152,115 2210208087FDISTRIBUTED CYBER WARFARE OPERATIONS72,48772,487 2220208088FAF DEFENSIVE CYBERSPACE OPERATIONS18,44918,449 2230208097FJOINT CYBER COMMAND AND CONTROL (JCC2)79,07979,079 2240208099FUNIFIED PLATFORM (UP)101,893101,893 2280208288FINTEL DATA APPLICATIONS493493 2290301025FGEOBASE2,7822,782 2310301113FCYBER SECURITY INTELLIGENCE SUPPORT5,2245,224 2380301401FAIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS2,4632,463 2390302015FE–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC)26,33126,331 2400303131FMINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN)58,16558,165 2420303140FINFORMATION SYSTEMS SECURITY PROGRAM8,0328,032135 STAT. 2286 2430303142FGLOBAL FORCE MANAGEMENT—DATA INITIATIVE452452 2440303248FALL DOMAIN COMMON PLATFORM64,00064,000 2460304260FAIRBORNE SIGINT ENTERPRISE97,54693,546 Excess carryover—special projects[–4,000] 2470304310FCOMMERCIAL ECONOMIC ANALYSIS3,7708,770 CPF—mobilizing civilian expertise for national security education on geo-economics, and innovation in the era of great power competition[5,000] 2510305020FCCMD INTELLIGENCE INFORMATION TECHNOLOGY1,6631,663 2520305022FISR MODERNIZATION & AUTOMATION DVMT (IMAD)18,88815,888 Excess to need[–3,000] 2530305099FGLOBAL AIR TRAFFIC MANAGEMENT (GATM)4,6724,672 2540305103FCYBER SECURITY INITIATIVE290290 2550305111FWEATHER SERVICE26,22836,228 Program increase—commercial weather data pilot[10,000] 2560305114FAIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS)8,7498,749 2570305116FAERIAL TARGETS1,528126,528 Unmanned adversary air platforms[125,000] 2600305128FSECURITY AND INVESTIGATIVE ACTIVITIES223223 2620305146FDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES8,7338,733 2640305179FINTEGRATED BROADCAST SERVICE (IBS)21,33521,335 2650305202FDRAGON U–217,14635,846 Air Force UFR—Antenna replacement[18,700] 2670305206FAIRBORNE RECONNAISSANCE SYSTEMS71,791151,291 Air Force UFR—ASARS processor and antenna development[67,000] Program increase—wide area motion imagery[12,500] 2680305207FMANNED RECONNAISSANCE SYSTEMS14,79914,799 2690305208FDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS24,56824,568 2700305220FRQ–4 UAV83,12483,124 2710305221FNETWORK-CENTRIC COLLABORATIVE TARGETING17,22417,224 2720305238FNATO AGS19,47319,473 2730305240FSUPPORT TO DCGS ENTERPRISE40,42140,421 2740305600FINTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES14,47314,473 2750305881FRAPID CYBER ACQUISITION4,3264,326 2760305984FPERSONNEL RECOVERY COMMAND & CTRL (PRC2)2,5672,567 2770307577FINTELLIGENCE MISSION DATA (IMD)6,1696,169 2780401115FC–130 AIRLIFT SQUADRON9,7529,752 2790401119FC–5 AIRLIFT SQUADRONS (IF)17,50717,507 2800401130FC–17 AIRCRAFT (IF)16,36016,360 2810401132FC–130J PROGRAM14,11214,112 2820401134FLARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM)5,5405,540 2830401218FKC–135S3,5643,564 2850401318FCV–2217,18917,189 2860408011FSPECIAL TACTICS / COMBAT CONTROL6,6406,640 2880708055FMAINTENANCE, REPAIR & OVERHAUL SYSTEM26,92126,921 2890708610FLOGISTICS INFORMATION TECHNOLOGY (LOGIT)7,0717,071 2910804743FOTHER FLIGHT TRAINING1,9991,999 2930901202FJOINT PERSONNEL RECOVERY AGENCY1,8411,841 2940901218FCIVILIAN COMPENSATION PROGRAM3,5603,560 2950901220FPERSONNEL ADMINISTRATION3,3683,368 2960901226FAIR FORCE STUDIES AND ANALYSIS AGENCY1,2481,248 2970901538FFINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT4,8524,852 3011202140FSERVICE SUPPORT TO SPACECOM ACTIVITIES6,7376,737 9999999999999CLASSIFIED PROGRAMS15,868,97315,868,973135 STAT. 2287 **SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT****21,743,006****21,943,292** **SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS** 3170608158FSTRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM96,10096,100 3180608410FAIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM186,918186,918 3190608920FDEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO135,263135,263 **SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS****418,281****418,281** **TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF****39,179,653****40,499,610** **RDTE, SPACE FORCE** **APPLIED RESEARCH** 0011206601SFSPACE TECHNOLOGY181,209201,709 Battery cycle life improvements[3,000] Program increase—hybrid space architecture[5,000] Program increase—radiation hardened microprocessor[5,000] Program increase—university consortia for space technology[7,500] **SUBTOTAL APPLIED RESEARCH****181,209****201,709** **ADVANCED TECHNOLOGY DEVELOPMENT** 0021206616SFSPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO75,919136,919 Space Force UFR—accelerate cislunar flight experiment[61,000] **SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT****75,919****136,919** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0031203164SFNAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE)434,194434,194 0041203710SFEO/IR WEATHER SYSTEMS162,274162,274 0051203905SFSPACE SYSTEM SUPPORT37,00037,000 0061206422SFWEATHER SYSTEM FOLLOW-ON61,52161,521 0071206425SFSPACE SITUATION AWARENESS SYSTEMS123,262130,262 Space Force UFR—Maui optical site[7,000] 0081206427SFSPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT)101,851129,851 Space Force UFR—Expand Blackjack radio frequency payloads[28,000] 0091206438SFSPACE CONTROL TECHNOLOGY32,93132,931 0101206730SFSPACE SECURITY AND DEFENSE PROGRAM56,54671,546 Program increase[15,000] 0111206760SFPROTECTED TACTICAL ENTERPRISE SERVICE (PTES)100,320100,320 0121206761SFPROTECTED TACTICAL SERVICE (PTS)243,285243,285 0131206855SFEVOLVED STRATEGIC SATCOM (ESS)160,056160,056 0141206857SFSPACE RAPID CAPABILITIES OFFICE66,19366,193 **SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES****1,579,433****1,629,433** **SYSTEM DEVELOPMENT & DEMONSTRATION** 0151203269SFGPS III FOLLOW-ON (GPS IIIF)264,265264,265 0161203940SFSPACE SITUATION AWARENESS OPERATIONS56,27956,279 0171206421SFCOUNTERSPACE SYSTEMS38,06338,063 0181206422SFWEATHER SYSTEM FOLLOW-ON1,4381,438135 STAT. 2288 0191206425SFSPACE SITUATION AWARENESS SYSTEMS127,026136,026 Space Force UFR—Add space domain rapid innovation pathfinders[9,000] 0201206431SFADVANCED EHF MILSATCOM (SPACE)28,21828,218 0211206432SFPOLAR MILSATCOM (SPACE)127,870127,870 0221206442SFNEXT GENERATION OPIR2,451,2562,451,256 0231206445SFCOMMERCIAL SATCOM (COMSATCOM) INTEGRATION23,40023,400 0241206853SFNATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD221,510280,710 Maintain competition for Ph3—DOD unique requirements[50,000] Space Force UFR—Liquid oxygen explosive tests[9,200] **SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION****3,339,325****3,407,525** **MANAGEMENT SUPPORT** 0251206116SFSPACE TEST AND TRAINING RANGE DEVELOPMENT19,31952,619 Space Force UFR—signal emulation generation subsystem[33,300] 0261206392SFACQ WORKFORCE—SPACE & MISSILE SYSTEMS214,051214,051 0271206398SFSPACE & MISSILE SYSTEMS CENTER—MHA12,11912,119 0281206759SFMAJOR T&E INVESTMENT—SPACE71,50371,503 0291206860SFROCKET SYSTEMS LAUNCH PROGRAM (SPACE)17,76921,769 CPF—small rocket program[4,000] 0301206862SFTACTICALLY RESPONSIVE LAUNCH50,000 Program increase[50,000] 0311206864SFSPACE TEST PROGRAM (STP)20,88120,881 **SUBTOTAL MANAGEMENT SUPPORT****355,642****442,942** **OPERATIONAL SYSTEM DEVELOPMENT** 0331201017SFGLOBAL SENSOR INTEGRATED ON NETWORK (GSIN)4,7314,731 0341203001SFFAMILY OF ADVANCED BLOS TERMINALS (FAB-T)156,788156,788 0351203040SFDCO-SPACE2,1502,150 0361203109SFNARROWBAND SATELLITE COMMUNICATIONS112,012112,012 0371203110SFSATELLITE CONTROL NETWORK (SPACE)36,81036,810 0381203165SFNAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS)1,9661,966 0391203173SFSPACE AND MISSILE TEST AND EVALUATION CENTER1,6995,699 Space Force UFR—Improve operations of payload adapter[4,000] 0401203174SFSPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT18,05433,354 Space Force UFR—Digitial core services for distributed space test and training[15,300] 0411203182SFSPACELIFT RANGE SYSTEM (SPACE)11,11523,115 CPF—tactically responsive launch/deployable spaceport[7,000] Program increase[5,000] 0421203265SFGPS III SPACE SEGMENT7,2077,207 0431203330SFSPACE SUPERIORITY ISR18,10918,109 0441203620SFNATIONAL SPACE DEFENSE CENTER1,2801,280 0451203873SFBALLISTIC MISSILE DEFENSE RADARS12,29212,292 0461203906SFNCMC—TW/AA SYSTEM9,8589,858 0471203913SFNUDET DETECTION SYSTEM (SPACE)45,88745,887 0481203940SFSPACE SITUATION AWARENESS OPERATIONS64,76364,763 0491206423SFGLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT413,766413,766 0531206770SFENTERPRISE GROUND SERVICES191,713191,713 9999999999999CLASSIFIED PROGRAMS4,474,8094,680,009 Space Force UFR—classified[205,200]135 STAT. 2289 **SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT****5,585,009****5,821,509** **SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS** **UNDISTRIBUTED** 0541203614SFJSPOC MISSION SYSTEM154,529154,529 **SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS****154,529****154,529** **TOTAL RDTE, SPACE FORCE****11,271,066****11,794,566** **RESEARCH, DEVELOPMENT, TEST & EVAL, DW** **BASIC RESEARCH** 0010601000BRDTRA BASIC RESEARCH11,82812,705 Program increase[877] 0020601101EDEFENSE RESEARCH SCIENCES395,781454,281 Adversary Influence Operations (IO)—detection, modeling, mitigation[5,000] Artificial Intelligence (AI)—trustworthy, human integrated, robust[5,000] Biotechnology for challenging environments[7,000] CPF—novel analytical and empirical approaches to the prediction and monitoring of disease transmission[1,500] High assurance software systems—resilient, adaptable, trustworthy[5,000] Increase for DARPA-funded university research activities[15,000] Program increase—ERI 2.0[20,000] 0030601108D8ZHIGH ENERGY LASER RESEARCH INITIATIVES15,39015,390 0040601110D8ZBASIC RESEARCH INITIATIVES39,82877,061 Consortium to study irregular warfare[8,000] CPF—Florida Memorial University Department of Natural Sciences STEM equipment[400] CPF—SOUTHCOM Enhanced Domain Awareness
(EDA)initiative[1,300] DEPSCoR[10,000] Minerva management and social science research[13,000] Program increase[4,533] 0050601117EBASIC OPERATIONAL MEDICAL RESEARCH SCIENCE76,01886,018 Assessing immune memory[5,000] Traumatic brain injury research[5,000] 0060601120D8ZNATIONAL DEFENSE EDUCATION PROGRAM112,195132,195 Civics education[2,000] CPF—Florida Memorial Avionics Smart Scholars[1,000] SMART scholarships for AI related education[13,000] SMART scholarships program increase[4,000] 0070601228D8ZHISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS31,13673,247 CPF—augmenting quantum sensing research, education, and training in DOD COE at DSU[1,111] CPF—HBCU training for the future of aerospace[1,000] Program increase[40,000] 0080601384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM34,70837,208 Program increase—chemically resistant, high-performance military cordage, rope, and webbing[2,500] **SUBTOTAL BASIC RESEARCH****716,884****888,105** **APPLIED RESEARCH** 0090602000D8ZJOINT MUNITIONS TECHNOLOGY19,59119,591 0100602115EBIOMEDICAL TECHNOLOGY108,698118,698 Bridging the gap after spinal cord injury[5,000]135 STAT. 2290 Non-invasive neurotechnology rehabilitation take home trials[5,000] 0120602230D8ZDEFENSE TECHNOLOGY INNOVATION22,91882,918 6G and beyond experimentation efforts[50,000] Artificial intelligence (AI)—trustworthy, human integrated, robust[10,000] 0130602234D8ZLINCOLN LABORATORY RESEARCH PROGRAM55,69255,692 0140602251D8ZAPPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES65,015115,015 AI research and development[50,000] 0150602303EINFORMATION & COMMUNICATIONS TECHNOLOGY430,363745,363 National Security Commission on Artificial Intelligence implementation[200,000] Program increase—AI, cyber, and data analytics[15,000] Quantum computing acceleration[100,000] 0160602383EBIOLOGICAL WARFARE DEFENSE31,42131,421 0170602384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM206,956213,456 Biodetection system for joint force infrastructure protection[6,500] 0180602668D8ZCYBER SECURITY RESEARCH15,38035,380 AI-enabled cyber defense acceleration study[10,000] Program increase[10,000] 0190602702ETACTICAL TECHNOLOGY202,515249,515 MADFIRES[30,000] Program increase—AI, cyber and data analytics[17,000] 0200602715EMATERIALS AND BIOLOGICAL TECHNOLOGY317,024378,624 Adaptive immunomodulation-based therapeutics (ElectRx)[4,600] Agile chemical manufacturing technologies (ACMT)[20,000] Bioengineered electronics and electromagnetic devices (Bio-INC)[6,000] Bioremediation of battlefields[7,000] Maritime materials technologies (M2T)[5,000] Materiel protection through biologics[5,000] Neuroprotection from brain injury[9,000] Regenerative engineering for complex tissue regeneration & limb reconstruction[5,000] 0210602716EELECTRONICS TECHNOLOGY357,384393,384 Program increase—ERI 2.0[36,000] 0220602718BRCOUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH197,011197,011 0230602751D8ZSOFTWARE ENGINEERING INSTITUTE
(SEI)APPLIED RESEARCH9,6019,601 0240602890D8ZHIGH ENERGY LASER RESEARCH45,997115,997 Directed energy innovation—improved beam control[50,000] Joint Directed Energy Transition Office[20,000] 0251160401BBSOF TECHNOLOGY DEVELOPMENT44,82948,829 Program increase—sustained human performance and resilience[4,000] **SUBTOTAL APPLIED RESEARCH****2,130,395****2,810,495** **ADVANCED TECHNOLOGY DEVELOPMENT** 0260603000D8ZJOINT MUNITIONS ADVANCED TECHNOLOGY23,21323,213 0270603121D8ZSO/LIC ADVANCED DEVELOPMENT4,6654,665 0280603122D8ZCOMBATING TERRORISM TECHNOLOGY SUPPORT69,37669,376 0290603133D8ZFOREIGN COMPARATIVE TESTING25,43225,432 0310603160BRCOUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT399,362404,362 Reduced order models[5,000] 0320603176CADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT15,80029,700 BATMAA BMDS advanced technology[8,700] MDA UFR—Cybersecurity improvements[5,200] 0330603180CADVANCED RESEARCH21,46626,466135 STAT. 2291 Program increase—high speed flight experiment testing[5,000] 0340603183D8ZJOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION51,34051,340 0350603225D8ZJOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT19,06319,063 0360603286EADVANCED AEROSPACE SYSTEMS174,043256,043 Glide breaker[20,000] Hypersonic Air-Breathing Weapon Concept (HAWC)[37,000] OpFires[10,000] Tactical Boost Glide (TBG)[15,000] 0370603287ESPACE PROGRAMS AND TECHNOLOGY101,524186,524 Blackjack critical risk reduction[25,000] Blackjack schedule assurance[30,000] Robotic Servicing of Geosynchronous Satellites (RSGS)[30,000] 0380603288D8ZANALYTIC ASSESSMENTS24,01224,012 0390603289D8ZADVANCED INNOVATIVE ANALYSIS AND CONCEPTS51,51351,513 0420603338D8ZDEFENSE MODERNIZATION AND PROTOTYPING115,443193,443 Defense critical supply chain documentation and monitoring[3,000] Rapid Innovation Program[75,000] 0430603342D8ZDEFENSE INNOVATION UNIT (DIU)31,87331,873 0440603375D8ZTECHNOLOGY INNOVATION54,43354,433 0450603384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT197,824197,824 0460603527D8ZRETRACT LARCH99,17599,175 0470603618D8ZJOINT ELECTRONIC ADVANCED TECHNOLOGY18,22118,221 0480603648D8ZJOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS102,669102,669 0490603662D8ZNETWORKED COMMUNICATIONS CAPABILITIES2,9842,984 0500603680D8ZDEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM134,022380,322 Additive manufacturing training[5,000] Biotechnology innovation—enabling modular and scalable bioindustrial and resuable assets[200,000] Certification-based workforce training programs for manufacturing[3,000] CPF—cold spray and rapid deposition lab[1,300] Cybersecurity for industrial control systems[3,000] Data analytics and visual system[3,000] HPC-enabled advanced manufacturing[8,000] Hypersonics advanced manufacturing[10,000] Integrated silicon-based lasers[10,000] Virtual reality-enabled smart installation experimentation[3,000] 0510603680SMANUFACTURING TECHNOLOGY PROGRAM37,54347,543 Program increase—steel performance initiative[10,000] 0530603712SGENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS12,41812,418 0540603716D8ZSTRATEGIC ENVIRONMENTAL RESEARCH PROGRAM51,86381,863 Program increase—AFFF replacement, disposal, and cleanup technology[15,000] Program increase—PFAS remediation and disposal technology[15,000] 0550603720SMICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT160,821160,821 0560603727D8ZJOINT WARFIGHTING PROGRAM2,1692,169 0570603739EADVANCED ELECTRONICS TECHNOLOGIES116,716140,716 Program increase—ERI 2.0[24,000] 0580603760ECOMMAND, CONTROL AND COMMUNICATIONS SYSTEMS251,794295,394 Classified increase[21,000]135 STAT. 2292 Deep water active sonar[15,000] Network UP[5,000] SHARE alignment with OTNK research[1,100] SHARE ICN performance enhancements for operational use[1,500] 0590603766ENETWORK-CENTRIC WARFARE TECHNOLOGY584,771779,246 Air combat evolution (ACE)[8,200] Artificial intelligence research activities[100,000] Assault breaker II[50,000] Classified increase[20,400] Ocean of things[875] Ocean of things phase 3 demonstration[10,000] Timely information for maritime engagements (TIMEly)[5,000] 0600603767ESENSOR TECHNOLOGY294,792367,392 Classified increase[27,800] SECTRE munitions digital twin for in theater/flight target additions and performance improvements[4,400] Systems of systems-enhanced small units (SESU)[4,400] Thermal imaging technology experiment-recon (TITE-R)[36,000] 0610603769D8ZDISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT6,3989,198 Systems of systems-enhanced small units (SESU)[2,800] 0620603781D8ZSOFTWARE ENGINEERING INSTITUTE14,67714,977 CODE enhancements for SESU[300] 0650603924D8ZHIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM107,397107,397 0660603941D8ZTEST & EVALUATION SCIENCE & TECHNOLOGY267,161267,161 0670603950D8ZNATIONAL SECURITY INNOVATION NETWORK21,27031,270 Program increase[10,000] 0680604055D8ZOPERATIONAL ENERGY CAPABILITY IMPROVEMENT74,30074,300 0700303310D8ZCWMD SYSTEMS5,000 Data storage capabilities for special operations forces[5,000] 0741160402BBSOF ADVANCED TECHNOLOGY DEVELOPMENT93,41598,415 SOF platform agnostic data storage capability[5,000] 0751206310SDASPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT172,638172,638 **SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT****4,007,596****4,920,571** **ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES** 0760603161D8ZNUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P28,68728,687 0770603600D8ZWALKOFF108,652108,652 0780603821D8ZACQUISITION ENTERPRISE DATA & INFORMATION SERVICES5,000 CDO for ADA[5,000] 0790603851D8ZENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM71,42989,429 Military energy resilience catalyst[3,000] Program increase—AFFF replacement, disposal, and cleanup technology[5,000] Program increase—PFAS remediation and disposal technology[10,000] 0800603881CBALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT277,949213,382 Unjustified request, lacking acquisition strategy—LHD[–64,567] 0810603882CBALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT745,144740,144135 STAT. 2293 Unjustified growth—ground support and fire control LHD lack of validated requirement and acquisition strategy[–5,000] 0820603884BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL129,445129,445 0830603884CBALLISTIC MISSILE DEFENSE SENSORS224,750227,762 MDA UFR—Cybersecurity improvements[3,012] 0840603890CBMD ENABLING PROGRAMS595,301631,881 MDA UFR—Cybersecurity improvements[44,830] Unjustified growth—LHD lack of validated requirement and acquisition strategy[–8,250] 0850603891CSPECIAL PROGRAMS—MDA413,374413,374 0860603892CAEGIS BMD732,512694,418 Layered homeland defense lack of requirement[–86,494] MDA UFR—Radar upgrades[48,400] 0870603896CBALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI603,448587,424 MDA UFR—Cybersecurity improvements[2,000] MDA UFR—JADC2 integration[4,476] Unjustified growth—LHD lack of validated requirement and acquisition strategy[–22,500] 0880603898CBALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT50,59450,594 0890603904CMISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC)52,40352,403 0900603906CREGARDING TRENCH11,95211,952 0910603907CSEA BASED X-BAND RADAR (SBX)147,241147,241 0920603913CISRAELI COOPERATIVE PROGRAMS300,000300,000 0930603914CBALLISTIC MISSILE DEFENSE TEST362,906362,906 0940603915CBALLISTIC MISSILE DEFENSE TARGETS553,334568,784 Advanced target front end configuration 3 tech maturation[5,000] Architecture RTS development[10,000] MDS architecture IAC prototype[5,000] Unjustified growth—LHD lack of validated requirement and acquisition strategy[–4,550] 0960603923D8ZCOALITION WARFARE5,1035,103 0970604011D8ZNEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G)374,665474,665 5G acceleration activities[100,000] 0980604016D8ZDEPARTMENT OF DEFENSE CORROSION PROGRAM3,2593,259 0990604102CGUAM DEFENSE DEVELOPMENT78,300138,300 INDOPACOM UFR—Guam Defense System[60,000] 1000604115CTECHNOLOGY MATURATION INITIATIVES34,000 Program increase—diode pumped alkali laser[14,000] Short pulse laser directed energy demonstration[20,000] 1030604181CHYPERSONIC DEFENSE247,931309,796 MDA UFR—Accelerate hypersonic defensive systems[61,865] 1040604250D8ZADVANCED INNOVATIVE TECHNOLOGIES716,456831,456 Mission-based acquisition[100,000] Program increase—mobile nuclear microreactor[15,000] 1050604294D8ZTRUSTED & ASSURED MICROELECTRONICS509,195548,995 Advanced analog & mixed signal microelectronics design and manufacturing[6,800] Radiation-hardened application specific integrated circuits[18,000] Trusted and assured GaN and GaAs RFIC technology[15,000] 1060604331D8ZRAPID PROTOTYPING PROGRAM103,575182,575 ADA network resiliency/cloud[79,000] 1070604341D8ZDEFENSE INNOVATION UNIT
(DIU)PROTOTYPING11,21326,213 National security innovation capital program increase[15,000]135 STAT. 2294 1080604400D8ZDEPARTMENT OF DEFENSE
(DOD)UNMANNED SYSTEM COMMON DEVELOPMENT2,7782,778 1090604551BRCATAPULT7,1667,166 1100604555D8ZOPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T23,20023,200 1110604672CHOMELAND DEFENSE RADAR—HAWAII (HDR-H)75,000 INDOPACOM UFR—Restoration of HDR-H[75,000] 1130604682D8ZWARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA)3,5193,519 1140604826JJOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS17,43917,439 1150604873CLONG RANGE DISCRIMINATION RADAR (LRDR)133,335133,335 1160604874CIMPROVED HOMELAND DEFENSE INTERCEPTORS926,125926,125 1170604876CBALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST32,69732,697 1180604878CAEGIS BMD TEST117,055111,255 Unjustified growth—AEGIS LHD test funding early to need[–5,800] 1190604879CBALLISTIC MISSILE DEFENSE SENSOR TEST77,42877,428 1200604880CLAND-BASED SM–3 (LBSM3)43,15843,158 1210604887CBALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST61,42461,424 1220202057CSAFETY PROGRAM MANAGEMENT2,3232,323 1230300206RENTERPRISE INFORMATION TECHNOLOGY SYSTEMS2,5682,568 1250305103CCYBER SECURITY INITIATIVE1,1421,142 1261206410SDASPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING636,179648,179 Laser communication terminal technologies[6,000] Space laser communications[6,000] 1271206893CSPACE TRACKING & SURVEILLANCE SYSTEM15,17615,176 1281206895CBALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS292,811292,811 **SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES****9,854,341****10,394,563** **SYSTEM DEVELOPMENT & DEMONSTRATION** 1290604161D8ZNUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD5,6825,682 1310604384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD299,848299,848 1320604771D8ZJOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS)9,3459,345 1330605000BRCOUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT14,06314,063 1340605013BLINFORMATION TECHNOLOGY DEVELOPMENT4,2654,265 1350605021SEHOMELAND PERSONNEL SECURITY INITIATIVE7,2057,205 1360605022D8ZDEFENSE EXPORTABILITY PROGRAM5,4475,447 1370605027D8ZOUSD(C) IT DEVELOPMENT INITIATIVES16,89234,892 ADVANA for ADA[18,000] 1380605070SDOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION679679 1400605080SDEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM32,25432,254 1420605141BRMISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS)5,5005,500 1430605210D8ZDEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES7,1487,148 1440605294D8ZTRUSTED & ASSURED MICROELECTRONICS113,895113,895 1460605772D8ZNUCLEAR COMMAND, CONTROL, & COMMUNICATIONS3,9913,991135 STAT. 2295 1490305304D8ZDOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM)2,2272,227 1500305310D8ZCWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION20,24620,246 **SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION****548,687****566,687** **MANAGEMENT SUPPORT** 1510603829JJOINT CAPABILITY EXPERIMENTATION8,4448,444 1520604774D8ZDEFENSE READINESS REPORTING SYSTEM (DRRS)7,5087,508 1530604875D8ZJOINT SYSTEMS ARCHITECTURE DEVELOPMENT7,8597,859 1540604940D8ZCENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP)550,140550,140 1550604942D8ZASSESSMENTS AND EVALUATIONS17,98017,980 1560605001EMISSION SUPPORT73,14573,145 1570605100D8ZJOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC)71,41071,410 1590605126JJOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO)52,67152,671 1610605142D8ZSYSTEMS ENGINEERING40,03040,030 1620605151D8ZSTUDIES AND ANALYSIS SUPPORT—OSD4,6124,612 1630605161D8ZNUCLEAR MATTERS-PHYSICAL SECURITY14,42914,429 1640605170D8ZSUPPORT TO NETWORKS AND INFORMATION INTEGRATION4,7594,759 1650605200D8ZGENERAL SUPPORT TO USD (INTELLIGENCE)1,9521,952 1660605384BPCHEMICAL AND BIOLOGICAL DEFENSE PROGRAM110,503110,503 1720605790D8ZSMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER3,6393,639 1730605797D8ZMAINTAINING TECHNOLOGY ADVANTAGE25,88963,889 Regional secure computing enclave pilot[38,000] 1740605798D8ZDEFENSE TECHNOLOGY ANALYSIS39,774257,774 ISR & information operations[10,000] PNT modernization—signals of opportunity[140,000] Spectrum innovation—low SWaP-C directional sources[68,000] 1750605801KADEFENSE TECHNICAL INFORMATION CENTER (DTIC)61,45361,453 1760605803SER&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION18,76218,762 1770605804D8ZDEVELOPMENT TEST AND EVALUATION27,36627,366 1780605898EMANAGEMENT HQ—R&D12,74012,740 1790605998KAMANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC)3,5493,549 1800606100D8ZBUDGET AND PROGRAM ASSESSMENTS15,43815,438 1810606225D8ZODNA TECHNOLOGY AND RESOURCE ANALYSIS2,8972,897 1820606589D8WDEFENSE DIGITAL SERVICE
(DDS)DEVELOPMENT SUPPORT918918 1830606771D8ZCYBER RESILIENCY AND CYBERSECURITY POLICY31,63831,638 1840203345D8ZDEFENSE OPERATIONS SECURITY INITIATIVE (DOSI)2,9252,925 1850204571JJOINT STAFF ANALYTICAL SUPPORT977977 1860208045KC4I INTEROPERABILITY55,36160,361 Joint warfighting network architecture[5,000] 1890303140SEINFORMATION SYSTEMS SECURITY PROGRAM853853 1910303260D8ZDEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO)969969 1920305172KCOMBINED ADVANCED APPLICATIONS15,69615,696 1940305208KDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS3,0733,073 1970804768JCOCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA29,53029,530135 STAT. 2296 1980808709SEDEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI)689689 1990901598CMANAGEMENT HQ—MDA24,10224,102 2000903235KJOINT SERVICE PROVIDER (JSP)2,6452,645 9999999999999CLASSIFIED PROGRAMS37,52037,520 **SUBTOTAL MANAGEMENT SUPPORT****1,383,845****1,644,845** **OPERATIONAL SYSTEMS DEVELOPMENT** 2020604130VENTERPRISE SECURITY SYSTEM (ESS)5,3555,355 2030604532KJOINT ARTIFICIAL INTELLIGENCE10,03367,833 JAIC for ADA[57,800] 2060607210D8ZINDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT58,189149,689 Accelerated training in defense manufacturing
(ATDM)pilot[10,000] Carbon/carbon industrial base enhancement[6,000] Demonstration program on domestic production of rare earth elements from coal byproducts[3,000] Digital manufacturing[1,500] Directed energy supply chain assurance[2,000] Industrial skills training[2,500] Machine and advanced manufacturing—IACMI[20,000] Program increase[20,000] Radar resiliency[2,500] Rare earth element separation technologies[4,000] Submarine construction workforce training pipeline[20,000] 2070607310D8ZCWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT18,72118,721 2080607327TGLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS)7,3987,398 2090607384BPCHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT)58,26158,261 2150302019KDEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION16,23316,233 2160303126KLONG-HAUL COMMUNICATIONS—DCS10,27510,275 2170303131KMINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN)4,8924,892 2180303136GKEY MANAGEMENT INFRASTRUCTURE (KMI)83,75183,751 2190303140D8ZINFORMATION SYSTEMS SECURITY PROGRAM49,19169,191 Workforce transformation cyber initiative pilot program[20,000] 2200303140GINFORMATION SYSTEMS SECURITY PROGRAM423,745535,845 Additional cybersecurity support for the defense industrial base[25,000] Hardening DOD networks[12,100] JFHQ DODIN staffing and tools[50,000] Pilot program on public-private partnership with internet ecosystem companies[25,000] 2210303140KINFORMATION SYSTEMS SECURITY PROGRAM5,7075,707 2220303150KGLOBAL COMMAND AND CONTROL SYSTEM4,1504,150 2230303153KDEFENSE SPECTRUM ORGANIZATION19,30219,302 2240303228KJOINT REGIONAL SECURITY STACKS (JRSS)9,3429,342 2260303430VFEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY15,32615,326 2320305128VSECURITY AND INVESTIGATIVE ACTIVITIES8,8008,800 2350305146VDEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES3,8203,820 2370305186D8ZPOLICY R&D PROGRAMS4,8434,843 2380305199D8ZNET CENTRICITY13,47113,471 2400305208BBDISTRIBUTED COMMON GROUND/SURFACE SYSTEMS5,9945,994 2470305387D8ZHOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM1,2731,273 2550708012KLOGISTICS SUPPORT ACTIVITIES1,6901,690 2560708012SPACIFIC DISASTER CENTERS1,7991,799135 STAT. 2297 2570708047SDEFENSE PROPERTY ACCOUNTABILITY SYSTEM6,3906,390 2591105219BBMQ–9 UAV19,06519,065 2611160403BBAVIATION SYSTEMS173,537173,537 2621160405BBINTELLIGENCE SYSTEMS DEVELOPMENT32,76632,766 2631160408BBOPERATIONAL ENHANCEMENTS145,830167,230 Program increase—AISUM[21,400] 2641160431BBWARRIOR SYSTEMS78,59282,803 SOCOM UFR—Maritime scalable effects acceleration[4,211] 2651160432BBSPECIAL PROGRAMS6,4866,486 2661160434BBUNMANNED ISR18,00618,006 2671160480BBSOF TACTICAL VEHICLES7,7037,703 2681160483BBMARITIME SYSTEMS58,43058,430 2701160490BBOPERATIONAL ENHANCEMENTS INTELLIGENCE10,99010,990 9999999999999CLASSIFIED PROGRAMS5,208,0295,208,029 **SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT****6,607,385****6,914,396** **SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS** **UNDISTRIBUTED** 2720604532KJOINT ARTIFICIAL INTELLIGENCE186,639186,639 2730608197VNATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM123,570123,570 2740608648D8ZACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM18,30718,307 2750303150KGLOBAL COMMAND AND CONTROL SYSTEM32,77432,774 2760308588D8ZALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM247,452283,452 MAVEN for ADA[36,000] **SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS****608,742****644,742** **SUBTOTAL UNDISTRIBUTED****36,000** **TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW****25,857,875****28,784,404** **OPERATIONAL TEST & EVAL, DEFENSE** **MANAGEMENT SUPPORT** 0010605118OTEOPERATIONAL TEST AND EVALUATION105,394105,394 0020605131OTELIVE FIRE TEST AND EVALUATION68,54968,549 0030605814OTEOPERATIONAL TEST ACTIVITIES AND ANALYSES42,64862,648 Joint Test and Evaluation restoration[20,000] **SUBTOTAL MANAGEMENT SUPPORT****216,591****236,591** **TOTAL OPERATIONAL TEST & EVAL, DEFENSE****216,591****236,591** **TOTAL RDT&E****111,964,192****117,729,317** 135 STAT. 2298 TITLE XLIII—OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE. **SEC. 4301. OPERATION AND MAINTENANCE****(In Thousands of Dollars)** **Line****Item****FY 2022**** Request****Conference**** Authorized** **OPERATION & MAINTENANCE, ARMY** **OPERATING FORCES** 010MANEUVER UNITS3,563,8563,528,856 Unjustified growth[–35,000] 020MODULAR SUPPORT BRIGADES142,082142,082 030ECHELONS ABOVE BRIGADE758,174758,174 040THEATER LEVEL ASSETS2,753,7832,653,783 Unjustified growth[–100,000] 050LAND FORCES OPERATIONS SUPPORT1,110,1561,110,156 060AVIATION ASSETS1,795,5221,775,522 Unjustified growth[–20,000] 070FORCE READINESS OPERATIONS SUPPORT7,442,9767,652,631 Advanced bomb suit[12,940] Army UFR—Arctic cold weather gloves[13,867] Army UFR—Arctic OCIE[65,050] Army UFR—ECWCS procurement[8,999] Army UFR—Female/small stature body armor[81,750] Army UFR—Garrison Installation Facilities-Related Control Systems (FRCS)[13,071] Army UFR—Heavylift transportation for OIR[33,854] Army UFR—Industrial base special installation control systems[14,824] CENTCOM UFR—Heavylift logistics[40,300] Unjustified growth[–75,000] 080LAND FORCES SYSTEMS READINESS580,921594,921 CENTCOM UFR—COMSAT air time[34,000] Unjustified growth[–20,000] 090LAND FORCES DEPOT MAINTENANCE1,257,9591,346,976 Army UFR—Tactical Combat Vehicle Repair Cycle Float[89,017] 100MEDICAL READINESS1,102,9641,102,964 110BASE OPERATIONS SUPPORT8,878,6038,868,603 Program decrease[–10,000] 120FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION4,051,8694,534,869 Program increase—FSRM[483,000] 130MANAGEMENT AND OPERATIONAL HEADQUARTERS289,891289,891 140ADDITIONAL ACTIVITIES526,517526,517 160RESET397,196392,196 Unjustified growth[–5,000] 170US AFRICA COMMAND384,791518,337 AFRICOM UFR—Commercial SATCOM[16,500] AFRICOM UFR—ISR improvements[67,000] Army UFR—MQ–9 COCO Support to AFRICOM[50,046] 180US EUROPEAN COMMAND293,932335,910 EUCOM UFR—Information Operations[26,765] EUCOM UFR—Mission Partner Environment[15,213] 190US SOUTHERN COMMAND196,726196,726 200US FORCES KOREA67,05267,052 210CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS621,836654,751135 STAT. 2299 Army UFR—Critical infrastructure risk management cyber resiliency mitigations[13,630] Army UFR—MRCT / Cyber I&W / Ops Cell[4,655] Army UFR—Security Operations Center as a Service (SOCaaS)[14,630] 220CYBERSPACE ACTIVITIES—CYBERSECURITY629,437726,176 Army UFR—C-SCRM supplier vetting and equipment inspection[1,200] Army UFR—Cybersecurity control systems assessments[89,889] Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program[2,750] Army UFR—Defensive cyber sensors[2,900] **SUBTOTAL OPERATING FORCES****36,846,243****37,777,093** **MOBILIZATION** 230STRATEGIC MOBILITY353,967353,967 240ARMY PREPOSITIONED STOCKS381,192381,192 250INDUSTRIAL PREPAREDNESS3,8103,810 **SUBTOTAL MOBILIZATION****738,969****738,969** **TRAINING AND RECRUITING** 260OFFICER ACQUISITION163,568163,568 270RECRUIT TRAINING75,14075,140 280ONE STATION UNIT TRAINING81,27481,274 290SENIOR RESERVE OFFICERS TRAINING CORPS520,973520,973 300SPECIALIZED SKILL TRAINING998,869998,869 310FLIGHT TRAINING1,309,5561,309,556 320PROFESSIONAL DEVELOPMENT EDUCATION218,651218,651 330TRAINING SUPPORT616,380629,480 Army UFR—ATRRS Modernization[18,100] Unjustified growth[–5,000] 340RECRUITING AND ADVERTISING683,569684,963 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER)[1,394] 350EXAMINING169,442169,442 360OFF-DUTY AND VOLUNTARY EDUCATION214,923231,078 Army UFR—Tuition assistance[16,155] 370CIVILIAN EDUCATION AND TRAINING220,589220,589 380JUNIOR RESERVE OFFICER TRAINING CORPS187,569187,569 **SUBTOTAL TRAINING AND RECRUITING****5,460,503****5,491,152** **ADMIN & SRVWIDE ACTIVITIES** 400SERVICEWIDE TRANSPORTATION684,562672,562 Unjustified growth[–12,000] 410CENTRAL SUPPLY ACTIVITIES808,895808,895 420LOGISTIC SUPPORT ACTIVITIES767,053796,157 Army UFR—AMC LITeS[29,104] 430AMMUNITION MANAGEMENT469,038469,038 440ADMINISTRATION488,535484,535 Unjustified growth[–4,000] 450SERVICEWIDE COMMUNICATIONS1,952,7422,007,462 Army UFR—CHRA IT Cloud[5,300] Army UFR—ERP convergence/modernization[49,420] 460MANPOWER MANAGEMENT323,273323,273 470OTHER PERSONNEL SUPPORT663,602694,670 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER)[1,393] Army UFR—HR cloud and IT modernization[29,675]135 STAT. 2300 480OTHER SERVICE SUPPORT2,004,9812,031,364 Program increase—DFAS unfunded requirement[49,983] Unjustified growth[–23,600] 490ARMY CLAIMS ACTIVITIES180,178180,178 500REAL ESTATE MANAGEMENT269,009272,509 Program increase—real estate inventory tool[3,500] 510FINANCIAL MANAGEMENT AND AUDIT READINESS437,940437,940 520INTERNATIONAL MILITARY HEADQUARTERS482,571482,571 530MISC. SUPPORT OF OTHER NATIONS29,67029,670 9999CLASSIFIED PROGRAMS2,008,6332,026,633 SOUTHCOM UFR—Additional traditional ISR operations[18,000] **SUBTOTAL ADMIN & SRVWIDE ACTIVITIES****11,570,682****11,717,457** **UNDISTRIBUTED** 998UNDISTRIBUTED–125,000 Historical unobligated balances[–125,000] **SUBTOTAL UNDISTRIBUTED****–125,000** **TOTAL OPERATION & MAINTENANCE, ARMY****54,616,397****55,599,671** **OPERATION & MAINTENANCE, ARMY RES** **OPERATING FORCES** 010MODULAR SUPPORT BRIGADES10,46510,465 020ECHELONS ABOVE BRIGADE554,992554,992 030THEATER LEVEL ASSETS120,892120,892 040LAND FORCES OPERATIONS SUPPORT597,718597,718 050AVIATION ASSETS111,095111,095 060FORCE READINESS OPERATIONS SUPPORT385,506385,506 070LAND FORCES SYSTEMS READINESS98,02198,021 080LAND FORCES DEPOT MAINTENANCE34,36834,368 090BASE OPERATIONS SUPPORT584,513584,513 100FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION342,433342,433 110MANAGEMENT AND OPERATIONAL HEADQUARTERS22,47222,472 120CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS2,7642,764 130CYBERSPACE ACTIVITIES—CYBERSECURITY7,4767,476 **SUBTOTAL OPERATING FORCES****2,872,715****2,872,715** **ADMIN & SRVWD ACTIVITIES** 140SERVICEWIDE TRANSPORTATION15,40015,400 150ADMINISTRATION19,61119,611 160SERVICEWIDE COMMUNICATIONS37,45837,458 170MANPOWER MANAGEMENT7,1627,162 180RECRUITING AND ADVERTISING48,28948,289 **SUBTOTAL ADMIN & SRVWD ACTIVITIES****127,920****127,920** **UNDISTRIBUTED** 998UNDISTRIBUTED–10,000 Historical unobligated balances[–10,000] **SUBTOTAL UNDISTRIBUTED****–10,000** **TOTAL OPERATION & MAINTENANCE, ARMY RES****3,000,635****2,990,635** **OPERATION & MAINTENANCE, ARNG**135 STAT. 2301 **OPERATING FORCES** 010MANEUVER UNITS799,854799,854 020MODULAR SUPPORT BRIGADES211,561211,561 030ECHELONS ABOVE BRIGADE835,709835,709 040THEATER LEVEL ASSETS101,179101,179 050LAND FORCES OPERATIONS SUPPORT34,43634,436 060AVIATION ASSETS1,110,4161,100,416 Unjustified growth[–10,000] 070FORCE READINESS OPERATIONS SUPPORT704,827709,927 CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment[5,100] 080LAND FORCES SYSTEMS READINESS47,88647,886 090LAND FORCES DEPOT MAINTENANCE244,439244,439 100BASE OPERATIONS SUPPORT1,097,9601,097,960 110FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION956,988956,988 120MANAGEMENT AND OPERATIONAL HEADQUARTERS1,047,8701,047,870 130CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS8,0718,071 140CYBERSPACE ACTIVITIES—CYBERSECURITY7,8287,828 **SUBTOTAL OPERATING FORCES****7,209,024****7,204,124** **ADMIN & SRVWD ACTIVITIES** 150SERVICEWIDE TRANSPORTATION8,0178,017 160ADMINISTRATION76,99381,993 Program increase—State Partnership Program[5,000] 170SERVICEWIDE COMMUNICATIONS101,113101,113 180MANPOWER MANAGEMENT8,9208,920 190OTHER PERSONNEL SUPPORT240,292240,292 200REAL ESTATE MANAGEMENT2,8502,850 **SUBTOTAL ADMIN & SRVWD ACTIVITIES****438,185****443,185** **UNDISTRIBUTED** 998UNDISTRIBUTED–40,000 Historical unobligated balances[–40,000] **SUBTOTAL UNDISTRIBUTED****–40,000** **TOTAL OPERATION & MAINTENANCE, ARNG****7,647,209****7,607,309** **AFGHANISTAN SECURITY FORCES FUND** **AFGHAN NATIONAL ARMY** 010SUSTAINMENT1,053,6680 Program reduction[–1,053,668] 020INFRASTRUCTURE1,8180 Program reduction[–1,818] 030EQUIPMENT AND TRANSPORTATION22,9110 Program reduction[–22,911] 040TRAINING AND OPERATIONS31,8370 Program reduction[–31,837] **SUBTOTAL AFGHAN NATIONAL ARMY****1,110,234**0 **AFGHAN NATIONAL POLICE** 050SUSTAINMENT440,6280 Program reduction[–440,628] 070EQUIPMENT AND TRANSPORTATION38,5510 Program reduction[–38,551] 080TRAINING AND OPERATIONS38,1520 Program reduction[–38,152]135 STAT. 2302 **SUBTOTAL AFGHAN NATIONAL POLICE****517,331**0 **AFGHAN AIR FORCE** 090SUSTAINMENT562,0560 Program reduction[–562,056] 110EQUIPMENT AND TRANSPORTATION26,6000 Program reduction[–26,600] 120TRAINING AND OPERATIONS169,6840 Program reduction[–169,684] **SUBTOTAL AFGHAN AIR FORCE****758,340**0 **AFGHAN SPECIAL SECURITY FORCES** 130SUSTAINMENT685,1760 Program reduction[–685,176] 150EQUIPMENT AND TRANSPORTATION78,9620 Program reduction[–78,962] 160TRAINING AND OPERATIONS177,7670 Program reduction[–177,767] **SUBTOTAL AFGHAN SPECIAL SECURITY FORCES****941,905**0 **TOTAL AFGHANISTAN SECURITY FORCES FUND****3,327,810**0 **COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)** **COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)** 010IRAQ345,000345,000 020SYRIA177,000177,000 **SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)****522,000****522,000** **TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)****522,000****522,000** **OPERATION & MAINTENANCE, NAVY** **OPERATING FORCES** 010MISSION AND OTHER FLIGHT OPERATIONS6,264,6546,545,054 Navy UFR—Flying hour program - fleet operations[280,400] 020FLEET AIR TRAINING2,465,0072,465,007 030AVIATION TECHNICAL DATA & ENGINEERING SERVICES55,14055,140 040AIR OPERATIONS AND SAFETY SUPPORT197,904197,904 050AIR SYSTEMS SUPPORT1,005,9321,005,932 060AIRCRAFT DEPOT MAINTENANCE1,675,3561,897,556 Navy UFR—Additional aircraft depot maintenance events[222,200] 070AIRCRAFT DEPOT OPERATIONS SUPPORT65,51865,518 080AVIATION LOGISTICS1,460,5461,460,546 090MISSION AND OTHER SHIP OPERATIONS5,858,0285,893,028 Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF)[29,000] Navy UFR—Submarine Tender Overhaul[42,000] Unjustified growth[–36,000] 100SHIP OPERATIONS SUPPORT & TRAINING1,154,6961,154,696 110SHIP DEPOT MAINTENANCE10,300,07810,514,878 Navy UFR—A–120 availability[39,800] Retained cruisers[135,000]135 STAT. 2303 USS Connecticut emergent repairs[40,000] 120SHIP DEPOT OPERATIONS SUPPORT2,188,4542,188,454 130COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE1,551,8461,551,846 140SPACE SYSTEMS AND SURVEILLANCE327,251327,251 150WARFARE TACTICS798,082798,082 160OPERATIONAL METEOROLOGY AND OCEANOGRAPHY447,486447,486 170COMBAT SUPPORT FORCES2,250,7562,282,856 CENTCOM UFR—Naval patrol craft support[47,100] Unjustified growth[–15,000] 180EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT192,968192,968 190COMBATANT COMMANDERS CORE OPERATIONS61,61461,614 200COMBATANT COMMANDERS DIRECT MISSION SUPPORT198,596445,596 INDOPACOM UFR—Critical HQ manpower positions[4,620] INDOPACOM UFR—ISR augmentation[41,000] INDOPACOM UFR—Multi-Domain Training and Experimentation Capability[59,410] Program increase—INDOPACOM Future fusion centers[3,300] Program increase—INDOPACOM Mission Partner Environment[50,170] Program increase—INDOPACOM Pacific Movement Coordination Center[500] Program increase—INDOPACOM Wargaming analytical tools[88,000] 210MILITARY INFORMATION SUPPORT OPERATIONS8,98436,984 Program increase—INDOPACOM Military Information Support Operations[28,000] 220CYBERSPACE ACTIVITIES565,926560,926 Identity, credentialing, and access management reduction[–5,000] 230FLEET BALLISTIC MISSILE1,476,2471,476,247 240WEAPONS MAINTENANCE1,538,7431,513,743 Historical underexecution[–25,000] 250OTHER WEAPON SYSTEMS SUPPORT592,357592,357 260ENTERPRISE INFORMATION734,970690,970 Unjustified growth[–44,000] 270SUSTAINMENT, RESTORATION AND MODERNIZATION2,961,9373,511,937 Program increase—FSRM[550,000] 280BASE OPERATING SUPPORT4,826,3144,816,314 Program decrease[–10,000] **SUBTOTAL OPERATING FORCES****51,225,390****52,750,890** **MOBILIZATION** 290SHIP PREPOSITIONING AND SURGE457,015457,015 300READY RESERVE FORCE645,522645,522 310SHIP ACTIVATIONS/INACTIVATIONS353,530349,030 Historical underexecution[–4,500] 320EXPEDITIONARY HEALTH SERVICES SYSTEMS149,384149,384 330COAST GUARD SUPPORT20,63920,639 **SUBTOTAL MOBILIZATION****1,626,090****1,621,590** **TRAINING AND RECRUITING** 340OFFICER ACQUISITION172,913172,913135 STAT. 2304 350RECRUIT TRAINING13,81313,813 360RESERVE OFFICERS TRAINING CORPS167,152167,152 370SPECIALIZED SKILL TRAINING1,053,1041,053,104 380PROFESSIONAL DEVELOPMENT EDUCATION311,209311,209 390TRAINING SUPPORT306,302306,302 400RECRUITING AND ADVERTISING205,219205,219 410OFF-DUTY AND VOLUNTARY EDUCATION79,05379,053 420CIVILIAN EDUCATION AND TRAINING109,754109,754 430JUNIOR ROTC57,32357,323 **SUBTOTAL TRAINING AND RECRUITING****2,475,842****2,475,842** **ADMIN & SRVWD ACTIVITIES** 440ADMINISTRATION1,268,9611,290,961 Program increase—Naval Audit Service[25,000] Unjustified growth[–3,000] 450CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT212,952212,952 460MILITARY MANPOWER AND PERSONNEL MANAGEMENT562,546562,546 470MEDICAL ACTIVITIES285,436285,436 480SERVICEWIDE TRANSPORTATION217,782217,782 500PLANNING, ENGINEERING, AND PROGRAM SUPPORT479,480479,480 510ACQUISITION, LOGISTICS, AND OVERSIGHT741,045741,045 520INVESTIGATIVE AND SECURITY SERVICES738,187736,687 Unjustified growth[–1,500] 9999CLASSIFIED PROGRAMS607,517603,477 Classified adjustment[–4,040] **SUBTOTAL ADMIN & SRVWD ACTIVITIES****5,113,906****5,130,366** **UNDISTRIBUTED** 998UNDISTRIBUTED–58,000 Historical unobligated balances[–58,000] **SUBTOTAL UNDISTRIBUTED****–58,000** **TOTAL OPERATION & MAINTENANCE, NAVY****60,441,228****61,920,688** **OPERATION & MAINTENANCE, MARINE CORPS** **OPERATING FORCES** 010OPERATIONAL FORCES1,587,4561,632,756 Marine Corps UFR—Plate Carrier Gen III[45,300] 020FIELD LOGISTICS1,532,6301,527,630 Unjustified growth[–5,000] 030DEPOT MAINTENANCE215,949215,949 040MARITIME PREPOSITIONING107,969107,969 050CYBERSPACE ACTIVITIES233,486233,486 060SUSTAINMENT, RESTORATION & MODERNIZATION1,221,1171,354,117 Program increase—FSRM[133,000] 070BASE OPERATING SUPPORT2,563,2782,560,278 Unjustified growth[–3,000] **SUBTOTAL OPERATING FORCES****7,461,885****7,632,185** **TRAINING AND RECRUITING** 080RECRUIT TRAINING24,72924,729 090OFFICER ACQUISITION1,2081,208 100SPECIALIZED SKILL TRAINING110,752110,752 110PROFESSIONAL DEVELOPMENT EDUCATION61,53961,539135 STAT. 2305 120TRAINING SUPPORT490,975490,975 130RECRUITING AND ADVERTISING223,643223,643 140OFF-DUTY AND VOLUNTARY EDUCATION49,36949,369 150JUNIOR ROTC26,06526,065 **SUBTOTAL TRAINING AND RECRUITING****988,280****988,280** **ADMIN & SRVWD ACTIVITIES** 160SERVICEWIDE TRANSPORTATION100,475100,475 170ADMINISTRATION410,729410,729 9999CLASSIFIED PROGRAMS63,42263,422 **SUBTOTAL ADMIN & SRVWD ACTIVITIES****574,626****574,626** **UNDISTRIBUTED** 998UNDISTRIBUTED–10,000 Historical unobligated balances[–10,000] **SUBTOTAL UNDISTRIBUTED****–10,000** **TOTAL OPERATION & MAINTENANCE, MARINE CORPS****9,024,791****9,185,091** **OPERATION & MAINTENANCE, NAVY RES** **OPERATING FORCES** 010MISSION AND OTHER FLIGHT OPERATIONS628,522628,522 020INTERMEDIATE MAINTENANCE9,5939,593 030AIRCRAFT DEPOT MAINTENANCE135,280135,280 040AIRCRAFT DEPOT OPERATIONS SUPPORT497497 050AVIATION LOGISTICS29,43529,435 070COMBAT COMMUNICATIONS18,46918,469 080COMBAT SUPPORT FORCES136,710136,710 090CYBERSPACE ACTIVITIES440440 100ENTERPRISE INFORMATION26,62826,628 110SUSTAINMENT, RESTORATION AND MODERNIZATION42,31142,311 120BASE OPERATING SUPPORT103,606103,606 **SUBTOTAL OPERATING FORCES****1,131,491****1,131,491** **ADMIN & SRVWD ACTIVITIES** 130ADMINISTRATION1,9431,943 140MILITARY MANPOWER AND PERSONNEL MANAGEMENT12,19112,191 150ACQUISITION AND PROGRAM MANAGEMENT3,0733,073 **SUBTOTAL ADMIN & SRVWD ACTIVITIES****17,207****17,207** **UNDISTRIBUTED** 998UNDISTRIBUTED–2,500 Historical unobligated balances[–2,500] **SUBTOTAL UNDISTRIBUTED****–2,500** **TOTAL OPERATION & MAINTENANCE, NAVY RES****1,148,698****1,146,198** **OPERATION & MAINTENANCE, MC RESERVE** **OPERATING FORCES** 010OPERATING FORCES102,271148,171 Marine Corps UFR—Individual combat clothing and equipment[45,900] 020DEPOT MAINTENANCE16,81116,811 030SUSTAINMENT, RESTORATION AND MODERNIZATION42,70242,702135 STAT. 2306 040BASE OPERATING SUPPORT109,210109,210 **SUBTOTAL OPERATING FORCES****270,994****316,894** **ADMIN & SRVWD ACTIVITIES** 050ADMINISTRATION14,05614,056 **SUBTOTAL ADMIN & SRVWD ACTIVITIES****14,056****14,056** **TOTAL OPERATION & MAINTENANCE, MC RESERVE****285,050****330,950** **OPERATION & MAINTENANCE, AIR FORCE** **OPERATING FORCES** 010PRIMARY COMBAT FORCES706,860680,530 A–10 aircraft retention[1,670] Unjustified growth[–28,000] 020COMBAT ENHANCEMENT FORCES2,382,4482,346,948 CENTCOM—MQ–9 combat lines[53,000] EUCOM UFR—Air base air defense operations center[1,500] Unjustified growth[–90,000] 030AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS)1,555,3201,542,750 A–10 aircraft retention[12,430] Contract adversary air[5,000] Unjustified growth[–30,000] 040DEPOT PURCHASE EQUIPMENT MAINTENANCE3,661,7623,707,337 A–10 aircraft retention[65,575] Unjustified growth[–20,000] 050FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION3,867,1144,342,114 Program increase—FSRM[475,000] 060CYBERSPACE SUSTAINMENT179,568179,568 070CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT8,457,6538,784,538 A–10 aircraft retention[15,885] A–10/F–35 contract maintenance[156,000] Program increase—F–35 sustainment[185,000] Unjustified growth[–30,000] 080FLYING HOUR PROGRAM5,646,7305,699,590 A–10 aircraft retention[52,860] 090BASE SUPPORT9,846,0379,776,037 Unjustified growth[–70,000] 100GLOBAL C3I AND EARLY WARNING979,705988,905 EUCOM—MPE air component battle network[9,200] 110OTHER COMBAT OPS SPT PROGRAMS1,418,5151,399,625 EUCOM UFR—Air base air defense[110] Unjustified growth[–19,000] 120CYBERSPACE ACTIVITIES864,761864,761 150SPACE CONTROL SYSTEMS13,22313,223 160US NORTHCOM/NORAD196,774196,774 170US STRATCOM475,015475,015 180US CYBERCOM389,663416,163 CYBERCOM UFR—Acceleration of cyber intelligence[3,200] Program increase—cyber training[23,300] 190US CENTCOM372,354386,354 CENTCOM UFR—MISO program[24,000] Unjustified growth—OSC-I[–10,000] 200US SOCOM28,73328,733 220CENTCOM CYBERSPACE SUSTAINMENT1,2891,289 230USSPACECOM272,601282,601135 STAT. 2307 SPACECOM UFR—Bridging space protection gaps[10,000] 9999CLASSIFIED PROGRAMS1,454,3831,454,383 **SUBTOTAL OPERATING FORCES****42,770,508****43,567,238** **MOBILIZATION** 240AIRLIFT OPERATIONS2,422,7842,397,784 Unjustified growth[–25,000] 250MOBILIZATION PREPAREDNESS667,851667,851 **SUBTOTAL MOBILIZATION****3,090,635****3,065,635** **TRAINING AND RECRUITING** 260OFFICER ACQUISITION156,193156,193 270RECRUIT TRAINING26,07226,072 280RESERVE OFFICERS TRAINING CORPS (ROTC)127,693127,693 290SPECIALIZED SKILL TRAINING491,286481,286 Unjustified growth[–10,000] 300FLIGHT TRAINING718,742718,742 310PROFESSIONAL DEVELOPMENT EDUCATION302,092302,092 320TRAINING SUPPORT162,165162,165 330RECRUITING AND ADVERTISING171,339171,339 340EXAMINING8,1788,178 350OFF-DUTY AND VOLUNTARY EDUCATION236,760236,760 360CIVILIAN EDUCATION AND TRAINING306,602306,602 370JUNIOR ROTC65,94065,940 **SUBTOTAL TRAINING AND RECRUITING****2,773,062****2,763,062** **ADMIN & SRVWD ACTIVITIES** 380LOGISTICS OPERATIONS1,062,7091,062,709 390TECHNICAL SUPPORT ACTIVITIES169,957169,957 400ADMINISTRATION1,005,827987,327 Unjustified growth[–18,500] 410SERVICEWIDE COMMUNICATIONS31,05431,054 420OTHER SERVICEWIDE ACTIVITIES1,470,7571,470,757 430CIVIL AIR PATROL29,12847,300 Program increase[18,172] 450INTERNATIONAL SUPPORT81,11881,118 9999CLASSIFIED PROGRAMS1,391,7201,391,428 Classified adjustment[–292] **SUBTOTAL ADMIN & SRVWD ACTIVITIES****5,242,270****5,241,650** **UNDISTRIBUTED** 998UNDISTRIBUTED–150,000 Historical unobligated balances[–150,000] **SUBTOTAL UNDISTRIBUTED****–150,000** **TOTAL OPERATION & MAINTENANCE, AIR FORCE****53,876,475****54,487,585** **OPERATION & MAINTENANCE, SPACE FORCE** **OPERATING FORCES** 010GLOBAL C3I & EARLY WARNING495,615495,615 020SPACE LAUNCH OPERATIONS185,700185,700 030SPACE OPERATIONS611,269611,269 040EDUCATION & TRAINING22,88722,887 060DEPOT MAINTENANCE280,165306,165 Program increase—weapon system sustainment[26,000] 070FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION213,347279,647 Space Force UFR—FSRM Cheyenne Mountain Complex[66,300]135 STAT. 2308 080CONTRACTOR LOGISTICS AND SYSTEM SUPPORT1,158,7071,246,707 Program increase—weapon system sustainment[94,000] Unjustified growth[–6,000] 090SPACE OPERATIONS -BOS143,520143,520 9999CLASSIFIED PROGRAMS172,755172,755 **SUBTOTAL OPERATING FORCES****3,283,965****3,464,265** **ADMINISTRATION AND SERVICE WIDE ACTIVITIES** 100ADMINISTRATION156,747146,747 Unjustified growth[–10,000] **SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES****156,747****146,747** **TOTAL OPERATION & MAINTENANCE, SPACE FORCE****3,440,712****3,611,012** **OPERATION & MAINTENANCE, AF RESERVE** **OPERATING FORCES** 010PRIMARY COMBAT FORCES1,665,0151,636,015 Unjustified growth[–29,000] 020MISSION SUPPORT OPERATIONS179,486179,486 030DEPOT PURCHASE EQUIPMENT MAINTENANCE530,540530,540 040FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION114,987123,987 Program increase—FSRM[9,000] 050CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT254,831254,831 060BASE SUPPORT470,801470,801 070CYBERSPACE ACTIVITIES1,3721,372 **SUBTOTAL OPERATING FORCES****3,217,032****3,197,032** **ADMINISTRATION AND SERVICEWIDE ACTIVITIES** 080ADMINISTRATION91,28991,289 090RECRUITING AND ADVERTISING23,18123,181 100MILITARY MANPOWER AND PERS MGMT (ARPC)13,96613,966 110OTHER PERS SUPPORT (DISABILITY COMP)6,1966,196 120AUDIOVISUAL442442 **SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES****135,074****135,074** **UNDISTRIBUTED** 998UNDISTRIBUTED–18,000 Historical unobligated balances[–18,000] **SUBTOTAL UNDISTRIBUTED****–18,000** **TOTAL OPERATION & MAINTENANCE, AF RESERVE****3,352,106****3,314,106** **OPERATION & MAINTENANCE, ANG** **OPERATING FORCES** 010AIRCRAFT OPERATIONS2,281,4322,281,432 020MISSION SUPPORT OPERATIONS582,848588,748 CNGB UFR—HRF/CERFP sustainment[5,900] 030DEPOT PURCHASE EQUIPMENT MAINTENANCE1,241,3181,226,318 Unjustified growth[–15,000] 040FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION353,193379,193135 STAT. 2309 Program increase—FSRM[26,000] 050CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT1,077,6541,067,654 Unjustified growth[–10,000] 060BASE SUPPORT908,198908,198 070CYBERSPACE SUSTAINMENT23,89523,895 080CYBERSPACE ACTIVITIES17,26317,263 **SUBTOTAL OPERATING FORCES****6,485,801****6,492,701** **ADMINISTRATION AND SERVICE-WIDE ACTIVITIES** 090ADMINISTRATION46,45546,455 100RECRUITING AND ADVERTISING41,76441,764 **SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES****88,219****88,219** **UNDISTRIBUTED** 998UNDISTRIBUTED–15,000 Historical unobligated balances[–15,000] **SUBTOTAL UNDISTRIBUTED****–15,000** **TOTAL OPERATION & MAINTENANCE, ANG****6,574,020****6,565,920** **OPERATION AND MAINTENANCE, DEFENSE-WIDE** **OPERATING FORCES** 010JOINT CHIEFS OF STAFF407,240402,240 Unjustified growth[–5,000] 020JOINT CHIEFS OF STAFF—CE2T2554,634607,734 AFRICOM UFR—Joint Exercise Program[18,000] INDOPACOM UFR—Joint Exercise Program[35,100] 030JOINT CHIEFS OF STAFF—CYBER8,0988,098 050SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES2,044,4792,047,789 SOCOM—Armored ground mobility systems
(AGMS)acceleration[3,310] 060SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES45,85145,851 070SPECIAL OPERATIONS COMMAND INTELLIGENCE1,614,7571,614,757 080SPECIAL OPERATIONS COMMAND MAINTENANCE1,081,8691,088,210 SOCOM UFR—Modernized forward look sonar[900] SOCOM UFR—Personal signature management acceleration[5,441] 090SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS180,042180,042 100SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT1,202,0601,202,060 110SPECIAL OPERATIONS COMMAND THEATER FORCES3,175,7893,175,789 **SUBTOTAL OPERATING FORCES****10,314,819****10,372,570** **TRAINING AND RECRUITING** 130DEFENSE ACQUISITION UNIVERSITY171,607171,607 140JOINT CHIEFS OF STAFF92,90592,905 150PROFESSIONAL DEVELOPMENT EDUCATION31,66931,669 **SUBTOTAL TRAINING AND RECRUITING****296,181****296,181** 135 STAT. 2310 **ADMIN & SRVWIDE ACTIVITIES** 170CIVIL MILITARY PROGRAMS137,311264,592 Program increase—National Guard Youth Challenge[85,281] Program increase—STARBASE[42,000] 190DEFENSE CONTRACT AUDIT AGENCY618,526606,526 Unjustified growth[–12,000] 200DEFENSE CONTRACT AUDIT AGENCY—CYBER3,9843,984 220DEFENSE CONTRACT MANAGEMENT AGENCY1,438,2961,435,796 Unjustified growth[–2,500] 230DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER11,99911,999 240DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY941,488931,488 Unjustified growth[–10,000] 260DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER9,8599,859 270DEFENSE HUMAN RESOURCES ACTIVITY816,168881,168 DHRA/DSPO—support FY2021 congressional increases[5,000] DHRA/SAPRO—FY2021 baseline restoral[60,000] 280DEFENSE HUMAN RESOURCES ACTIVITY—CYBER17,65517,655 290DEFENSE INFORMATION SYSTEMS AGENCY1,913,7341,934,769 milCloud 2.0 migration[21,035] 310DEFENSE INFORMATION SYSTEMS AGENCY—CYBER530,278612,378 Program increase—hardening DOD networks[62,100] Program increase—securing the Department of Defense Information Network[20,000] 350DEFENSE LEGAL SERVICES AGENCY229,498229,498 360DEFENSE LOGISTICS AGENCY402,864407,664 Program increase—Procurement Technical Assistance Program[4,800] 370DEFENSE MEDIA ACTIVITY222,655222,655 380DEFENSE PERSONNEL ACCOUNTING AGENCY130,174155,174 DPAA (POW/MIA)—support FY2021 congressional increases[25,000] 390DEFENSE SECURITY COOPERATION AGENCY2,067,4461,922,157 Program increase[104,711] Transfer to Ukraine Security Assistance[–250,000] 420DEFENSE TECHNOLOGY SECURITY ADMINISTRATION39,30539,305 440DEFENSE THREAT REDUCTION AGENCY885,749885,749 460DEFENSE THREAT REDUCTION AGENCY—CYBER36,73636,736 470DEPARTMENT OF DEFENSE EDUCATION ACTIVITY3,138,3453,208,345 Program increase—Impact Aid[50,000] Program increase—Impact Aid for children with severe disabilities[20,000] 490MISSILE DEFENSE AGENCY502,450502,450 530OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD89,686104,686 Program increase—Defense Community Infrastructure Program[15,000] 540OFFICE OF THE SECRETARY OF DEFENSE1,766,6141,844,114 Bien Hoa dioxin cleanup[15,000] Cost Assessment Data Enterprise[3,500] Military working dog pilot program[10,000]135 STAT. 2311 National Commission on Synthetic Biology[10,000] Office of the Secretary of Defense civilian workforce[9,000] Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and Occupational Health[3,000] Program increase—Afghanistan War Commission[5,000] Program increase—CDC water contamination study and assessment[15,000] Program increase—Commission on Planning, Programming, Budgeting, and Execution Reform[5,000] Program increase—Commission on the National Defense Strategy[5,000] Program increase—Commission on the Strategic Posture of the U.S.[7,000] Unjustified growth—non-pay[–10,000] 550OFFICE OF THE SECRETARY OF DEFENSE—CYBER32,85132,851 560SPACE DEVELOPMENT AGENCY53,85153,851 570WASHINGTON HEADQUARTERS SERVICES369,698364,698 Unjustified growth[–5,000] 999CLASSIFIED PROGRAMS17,900,14617,833,213 Classified adjustment[–66,933] **SUBTOTAL ADMIN & SRVWIDE ACTIVITIES****34,307,366****34,553,360** **UNDISTRIBUTED** 998UNDISTRIBUTED490,304 Depot capital investment[500,000] Program reduction—SOCOM unjustified increase in management and headquarters expenses[–9,696] **SUBTOTAL UNDISTRIBUTED****490,304** **TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE****44,918,366****45,712,415** **MISCELLANEOUS APPROPRIATIONS** **US COURT OF APPEALS FOR THE ARMED FORCES, DEF** 010US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE15,58915,589 **SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF****15,589****15,589** **TOTAL MISCELLANEOUS APPROPRIATIONS****15,589****15,589** **MISCELLANEOUS APPROPRIATIONS** **OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID** 010OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID110,051150,051 Program increase[40,000] **SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID****110,051****150,051** **TOTAL MISCELLANEOUS APPROPRIATIONS****110,051****150,051** **MISCELLANEOUS APPROPRIATIONS** **COOPERATIVE THREAT REDUCTION ACCOUNT** 010COOPERATIVE THREAT REDUCTION239,849344,849135 STAT. 2312 Program increase—Biological Threat Reduction Program[105,000] **SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT****239,849****344,849** **TOTAL MISCELLANEOUS APPROPRIATIONS****239,849****344,849** **MISCELLANEOUS APPROPRIATIONS** **ACQUISITION WORKFORCE DEVELOPMENT** 010ACQ WORKFORCE DEV FD54,67954,679 **SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT****54,679****54,679** **TOTAL MISCELLANEOUS APPROPRIATIONS****54,679****54,679** **MISCELLANEOUS APPROPRIATIONS** **ENVIRONMENTAL RESTORATION, ARMY** 050ENVIRONMENTAL RESTORATION, ARMY200,806299,606 Program increase for PFAS[98,800] **SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY****200,806****299,606** **TOTAL MISCELLANEOUS APPROPRIATIONS****200,806****299,606** **MISCELLANEOUS APPROPRIATIONS** **ENVIRONMENTAL RESTORATION, NAVY** 060ENVIRONMENTAL RESTORATION, NAVY298,250465,550 Program increase for PFAS[167,300] **SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY****298,250****465,550** **TOTAL MISCELLANEOUS APPROPRIATIONS****298,250****465,550** **MISCELLANEOUS APPROPRIATIONS** **ENVIRONMENTAL RESTORATION, AIR FORCE** 070ENVIRONMENTAL RESTORATION, AIR FORCE301,768476,768 Program increase for PFAS[175,000] **SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE****301,768****476,768** **TOTAL MISCELLANEOUS APPROPRIATIONS****301,768****476,768** **MISCELLANEOUS APPROPRIATIONS** **ENVIRONMENTAL RESTORATION, DEFENSE** 080ENVIRONMENTAL RESTORATION, DEFENSE8,78310,979 Program increase[2,196] **SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE****8,783****10,979** **TOTAL MISCELLANEOUS APPROPRIATIONS****8,783****10,979** **MISCELLANEOUS APPROPRIATIONS** **ENVIRONMENTAL RESTORATION FORMERLY USED SITES** 090ENVIRONMENTAL RESTORATION FORMERLY USED SITES218,580292,580 Program increase for PFAS[74,000] **SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES****218,580****292,580**135 STAT. 2313 **TOTAL MISCELLANEOUS APPROPRIATIONS****218,580****292,580** **UKRAINE SECURITY ASSISTANCE** **UKRAINE SECURITY ASSISTANCE** 010UKRAINE SECURITY ASSISTANCE300,000 Program increase[50,000] Transfer from Defense Security Cooperation Agency[250,000] **TOTAL UKRAINE SECURITY ASSISTANCE****300,000** **TOTAL OPERATION & MAINTENANCE****253,623,852****255,404,231** TITLE XLIV—MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL. **SEC. 4401. MILITARY PERSONNEL****(In Thousands of Dollars)** **Item****FY 2022**** Request****Conference**** Authorized** Military Personnel Appropriations157,947,920157,567,460 ARNG CBRN Response Forces Readiness[9,200] Manpower costs associated with retaining two cruisers[45,000] A–10/F–35 Active duty maintainers[93,000] Military personnel historical underexecution[–527,660] Medicare-Eligible Retiree Health Care Fund Contributions9,337,1759,337,175 **TOTAL, Military Personnel****167,285,095****166,904,635** TITLE XLV—OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS. **SEC. 4501. OTHER AUTHORIZATIONS****(In Thousands of Dollars)** **Program Title****FY 2022**** Request****Conference**** Authorized** **WORKING CAPITAL FUND, ARMY** ARMY ARSENALS INITIATIVE26,93526,935 ARMY SUPPLY MANAGEMENT357,776357,776 ** TOTAL WORKING CAPITAL FUND, ARMY****384,711****384,711** **WORKING CAPITAL FUND, NAVY** SUPPLY MANAGEMENT—NAVY150,000150,000 ** TOTAL WORKING CAPITAL FUND, NAVY****150,000****150,000** **WORKING CAPITAL FUND, AIR FORCE** SUPPLY MANAGEMENT77,45377,453 ** TOTAL WORKING CAPITAL FUND, AIR FORCE****77,453****77,453** **WORKING CAPITAL FUND, DEFENSE-WIDE** ENERGY MANAGEMENT—DEFENSE40,00040,000 SUPPLY CHAIN MANAGEMENT—DEFENSE87,76587,765135 STAT. 2314 ** TOTAL WORKING CAPITAL FUND, DEFENSE-WIDE****127,765****127,765** **WORKING CAPITAL FUND, DECA** COMMISSARY OPERATIONS1,162,0711,162,071 ** TOTAL WORKING CAPITAL FUND, DECA****1,162,071****1,162,071** **CHEM AGENTS & MUNITIONS DESTRUCTION** CHEM DEMILITARIZATION—O&M93,12193,121 CHEM DEMILITARIZATION—RDT&E1,001,2311,001,231 ** TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION****1,094,352****1,094,352** **DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF** COUNTER-NARCOTICS SUPPORT593,250593,250 DRUG DEMAND REDUCTION PROGRAM126,024126,024 NATIONAL GUARD COUNTER-DRUG PROGRAM96,97096,970 NATIONAL GUARD COUNTER-DRUG SCHOOLS5,6645,664 ** TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF****821,908****821,908** **OFFICE OF THE INSPECTOR GENERAL** OFFICE OF THE INSPECTOR GENERAL434,700434,700 OFFICE OF THE INSPECTOR GENERAL—CYBER1,2181,218 OFFICE OF THE INSPECTOR GENERAL—RDTE2,3652,365 OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT8080 ** TOTAL OFFICE OF THE INSPECTOR GENERAL****438,363****438,363** **DEFENSE HEALTH PROGRAM** IN-HOUSE CARE9,720,0049,587,742 Assumptions for care[–27,800] Excess funding for capability replacement[–104,462] PRIVATE SECTOR CARE18,092,67918,068,879 Unjustified support services growth[–23,800] CONSOLIDATED HEALTH SUPPORT1,541,1221,556,522 Assumptions for care[–14,600] Program increase: Anomalous health incidents care capacity[30,000] INFORMATION MANAGEMENT2,233,6772,233,677 MANAGEMENT ACTIVITIES335,138335,138 EDUCATION AND TRAINING333,234333,234 BASE OPERATIONS/COMMUNICATIONS1,926,8651,921,865 Program decrease[–5,000] R&D RESEARCH9,0919,091 R&D EXPLORATRY DEVELOPMENT75,46375,463 R&D ADVANCED DEVELOPMENT235,556235,556 R&D DEMONSTRATION/VALIDATION142,252142,252 R&D ENGINEERING DEVELOPMENT101,054101,054 R&D MANAGEMENT AND SUPPORT49,64549,645 R&D CAPABILITIES ENHANCEMENT17,61917,619 UNDISTRIBUTED RDT&E12,500 Combat triple negative breast cancer[10,000] Post-traumatic stress disorder[2,500] PROC INITIAL OUTFITTING20,92620,926 PROC REPLACEMENT & MODERNIZATION250,366250,366 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER72,30272,302 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION435,414435,414135 STAT. 2315 ** TOTAL DEFENSE HEALTH PROGRAM****35,592,407****35,459,245** ** TOTAL OTHER AUTHORIZATIONS****39,849,030****39,715,868** TITLE XLVI—MILITARYMilitary Construction Authorization Act for Fiscal Year 2022. CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION. **SEC. 4601. MILITARY CONSTRUCTION****(In Thousands of Dollars)** **Account****State/Country and Installation****Project Title****FY 2022**** Request****Conference****Authorized** Alabama ArmyFort RuckerAIT Barracks Complex066,000 ArmyRedstone ArsenalPropulsion Systems Lab55,00055,000 Belgium ArmyShape HeadquartersCommand and Control Facility16,00016,000 California ArmyFort IrwinSimulations Center52,00052,000 Georgia ArmyFort GordonCyber Center of Excellence School Headquarters and Classrooms (P&D)03,670 ArmyFort GordonCyber Instructional Fac (Admin/Cmd), Inc. 269,00069,000 ArmyFort StewartBarracks0105,000 Germany ArmyEast Camp GrafenwoehrEDI: Barracks and Dining Facility103,000103,000 ArmySmith BarracksIndoor Small Arms Range17,50017,500 ArmySmith BarracksLive Fire Exercise Shoothouse16,00016,000 Hawaii ArmyFort ShafterCtc—Command and Control Facility055,000 ArmyWheeler Army AirfieldRotary Wing Parking Apron056,000 ArmyWheeler Army AirfieldAviation Unit OPS Building084,000 ArmyWest Loch Nav Mag AnnexAmmunition Storage51,00051,000 Kansas ArmyFort LeavenworthChild Development Center034,000 Kentucky ArmyFort KnoxChild Development Center027,000 Louisiana ArmyFort PolkJoint Operations Center55,00055,000 ArmyFort PolkBarracks056,000 Maryland ArmyAberdeen Proving GroundMoving Target Simulator (Combat Systems Simulation Laboratory)00 ArmyFort DetrickMedical Waste Incinerator023,981 ArmyFort DetrickUSAMRMC Headquarters00 ArmyFort MeadeBarracks81,00081,000 Mississippi ArmyEngineer Research and Development CenterCommunications Center00 ArmyEngineer Research and Development CenterRtd&e (Risk Lab)00 Missouri135 STAT. 2316 ArmyFort Leonard WoodAdvanced Individual Training Battalion Complex (P&D)04,000 New Jersey ArmyPicatinny ArsenalIgloo Storage, Installation00 New Mexico ArmyWhite Sands Missile RangeMissile Assembly Support Facility029,000 New York ArmyFort HamiltonInformation Systems Facility26,00026,000 ArmyWest Point Military ReservationCtc—Engineering Center017,200 ArmyWatervliet ArsenalAccess Control Point20,00020,000 Pennsylvania ArmyLetterkenny Army DepotFire Station21,00021,000 South Carolina ArmyFort JacksonReception Barracks Complex, Ph2, Inc. 234,00034,000 ArmyFort JacksonCtc- Reception Barracks, Ph1021,000 Texas ArmyCamp BullisCtc- Vehicle Maintenance Shop016,400 ArmyFort HoodBarracks061,000 ArmyFort HoodBarracks069,000 Virginia ArmyJoint Base Langley-EustisAIT Barracks Complex, Ph4016,000 Worldwide Classified ArmyClassified LocationForward Operating Site31,00031,000 Worldwide Unspecified ArmyUnspecified Worldwide LocationsHost Nation Support27,00027,000 ArmyUnspecified Worldwide LocationsMinor Construction35,54335,543 ArmyUnspecified Worldwide LocationsPlanning and Design124,649134,649 ArmyWorldwide Various LocationsLabs and RDT&E Planning and Design Unfunded Requirement045,000 ArmyWorldwide Various LocationsCost to Complete—Unspecified Minor Construction069,000 **Military Construction, Army Total****834,692****1,727,943** Arizona NavyMarine Corps Air Station YumaCombat Training Tank Complex029,300 NavyMarine Corps Air Station YumaBachelor Enlisted Quarters00 California NavyMarine Corps Base Camp PendletonI MEF Consolidated Information Center Inc.19,86919,869 NavyMarine Corps Base Camp PendletonWarehouse Replacement022,200 NavyMarine Corps Base Camp PendletonBasilone Road Realignment00 NavyMarine Corps Air Station MiramarF–35 Centralized Engine Repair Facility031,400135 STAT. 2317 NavyMarine Corps Air Station MiramarAircraft Maintenance Hangar0185,991 NavyNaval Air Station LemooreF–35C Hangar 6 Phase 2 (Mod 3/4) Inc.75,07050,000 NavyMarine Corps Air Ground Combat CenterCost to Complete—Wastewater Treatment Plant045,000 NavyNaval Base Ventura CountyCombat Vehicle Maintenance Facility048,700 NavyNaval Base Ventura CountyMQ–25 Aircraft Maintenance Hangar0125,291 NavyNaval Base CoronadoCMV–22B Aircraft Maintenance Hangar063,600 NavyMarine Corps Base Camp PendletonCLB MEU Complex083,900 NavyMarine Corps Reserve Depot San DiegoRecruit Mess Hall Replacement093,700 NavyNaval Information Warfare Center PacificReconfigurable Cyber Laboratory00 NavyNaval Weapons Station Seal BeachMissile Magazines Inc.10,84010,840 NavyNaval Base San DiegoPier 6 Replacement Inc.50,00050,000 NavySan Nicholas IslandDirected Energy Weapons Test Facilities19,90719,907 District of Columbia NavyNaval Research LaboratoryElectromagnetic & Cyber Countermeasures Laboratory00 NavyNaval Research LaboratoryBiomolecular Science & Synthetic Biology Laboratory00 El Salvador NavyCooperative Security Location ComalapaHangar and Ramp Expansion00 Florida NavyNaval Air Station JacksonvillePlanning and Design for Lighterage and Small Craft07,000 NavyNaval Surface Warfare Center Panama City DivisionUnmanned Vehicle Littoral Combat Space00 NavyNaval Surface Warfare Center Panama City DivisionMine Warfare RDT&E Facility00 NavyNaval Undersea Warfare Center Panama City DivisionAUTEC Pier Facility 1902037,980 NavyMarine Corps Support Facility Blount IslandLighterage and Small Craft Facility069,400 NavyNaval Undersea Warfare Center Panama City DivisionArray Calibration Facility00 Greece NavyNaval Support Activity Souda BayEDI: Joint Mobility Processing Center41,65041,650 Guam135 STAT. 2318 NavyAndersen Air Force BaseAviation Admin Building50,89050,890 NavyJoint Region Marianas4th Marines Regiment Facilities109,50765,000 NavyJoint Region MarianasBachelor Enlisted Quarters H Inc.43,20043,200 NavyJoint Region MarianasCombat Logistics Batallion–4 Facility92,71049,710 NavyJoint Region MarianasConsolidated Armory43,47043,470 NavyJoint Region MarianasInfantry Battalion Company HQ44,10044,100 NavyJoint Region MarianasJoint Communication Upgrade Inc.84,00084,000 NavyJoint Region MarianasMarine Expeditionary Brigade Enablers66,83066,830 NavyJoint Region MarianasPrincipal End Item
(PEI)Warehouse47,11047,110 NavyJoint Region MarianasX-Ray Wharf Berth 2103,80051,900 Hawaii NavyMarine Corps Training Area BellowsPerimeter Security Fence06,220 NavyMarine Corps Base KaneoheBachelor Enlisted Quarters, Ph 2 Inc,0101,200 NavyMarine Corps Base KaneoheElectrical Distribution Modernization064,500 Indiana NavyNaval Surface Warfare Center Crane DivisionStrategic Systems Engineering & Hardware Assurance Center00 NavyNaval Surface Warfare Center Crane DivisionCorporate Operations and Training Center00 NavyNaval Surface Warfare Center Crane DivisionAnti-Ship Missile Defense Life Cycle Integration and Test Center00 Japan NavyFleet Activities YokosukaPier 5 (Berths 2 and 3) Inc.15,29215,292 NavyFleet Activities YokosukaShip Handling & Combat Training Facilities49,90049,900 Maine NavyNaval Support Activity CutlerFirehouse (P&D)02,500 NavyPortsmouth Naval ShipyardMulti-Mission Drydock #1 Extension Inc.250,000250,000 NavyPortsmouth Naval ShipyardMulti-Mission Drydock #1 Extension Inc.—Navy #1 Ufr00 Maryland NavyNaval Air Station Patuxent RiverPlanning and Design for Aircraft Prototyping Facility, Ph 301,500 NavyNaval Air Warfare Center Aircraft DivisionAircraft Prototyping Facility, Ph 300 NavyNaval Air Warfare Center Aircraft DivisionRotary Wing T&E Hangar Replacement00 NavyNaval Surface Warfare Center Carderock DivisionShip Systems Design & Integration Facility00 NavyNaval Surface Warfare Center Carderock DivisionARD Range Craft Berthing Facility00135 STAT. 2319 NavyNaval Surface Warfare Center Carderock DivisionNavy Combatant Craft Laboratory00 NavyNaval Surface Warfare Center Indian HeadPlanning and Design for Contained Burn Facility01,500 NavyNaval Surface Warfare Center Indian HeadEnergetic Systems and Technology Laboratory Complex, Ph 200 NavyNaval Surface Warfare Center Indian HeadContained Burn Facility00 NavyNaval Surface Warfare Center Indian HeadEnergetic Chemical Scale-up Facility00 NavyNaval Surface Warfare Center Indian HeadEnergetics Prototyping Facility00 NavyNaval Surface Warfare Center Indian HeadEnergetic Systems and Technology Laboratory Complex, Ph 300 Nevada NavyNaval Air Station FallonTraining Range Land Acquisition—Ph 248,2500 North Carolina NavyMarine Corps Base Camp LejeuneCost to Complete—Water Treatment Plant Replacement Hadnot Pt064,200 NavyMarine Corps Base Camp LejeuneII MEF Operations Center Replacement Inc.42,20042,200 NavyMarine Corps Air Station Cherry PointAircraft Maintenance Hangar207,89757,897 NavyMarine Corps Air Station Cherry PointF–35 Flightline Utilities Modernization Ph 2113,52030,000 NavyMarine Corps Air Station Cherry PointF–35 Joint Strike Fighter Sustainment Center (P–993) (P&D)010,000 NavyMarine Corps Air Station Cherry PointCtc—ATC Tower and Airfield Operations018,700 NavyMarine Corps Air Station New RiverMaintenance Hangar (P&D)013,300 NavyMarine Corps Air Station New RiverAircraft Maintenance Hangar Addition/Alteration (P&D)02,700 Pennsylvania NavyNaval Surface Warfare Center Philadelphia DivisionMachinery Control Development Center077,290 NavyNaval Surface Warfare Center Philadelphia DivisionMachinery Integration Lab, Ph 100 NavyNaval Surface Warfare Center Philadelphia DivisionPower & Energy Tech Systems Integration Lab00 Poland NavyRedzikowoAEGIS Ashore Barracks Planning and Design00135 STAT. 2320 Rhode Island NavyNaval Station NewportNext Generation Torpedo Integration Lab (P&D)01,200 NavyNaval Station NewportSubmarine Payloads Integration Laboratory (P&D)01,400 NavyNaval Station NewportConsolidated RDT&E Systems Facility (P&D)01,700 NavyNaval Station NewportNext Generation Secure Submarine Platform Facility (P&D)04,000 NavyNaval Undersea Warfare Center Newport DivisionNext Generation Secure Submarine Platform Facility00 NavyNaval Undersea Warfare Center Newport DivisionNext Generation Torpedo Integration Lab00 NavyNaval Undersea Warfare Center Newport DivisionSubmarine Payloads Integration Facility00 NavyNaval Undersea Warfare Center Newport DivisionConsolidation RDT&E Systems Facility00 South Carolina NavyMarine Corps Air Station BeaufortInstrument Landing System03,000 NavyMarine Corps Air Station BeaufortF–35 Operational Support Facility04,700 NavyMarine Corps Air Station BeaufortCtc—Recycling/Hazardous Waste Facility05,000 NavyMarine Corps Air Station BeaufortAircraft Maintenance Hangar0122,600 NavyMarine Corps Reserve Depot Parris IslandEntry Control Facility06,000 Spain NavyNaval Station RotaEDI: Explosive Ordnance Disposal
(EOD)Mobile Unit Facilities085,600 Texas NavyNaval Air Station KingsvillePlanning and Design for Fire Rescue Safety Center02,500 Virginia NavyNaval Station NorfolkCMV–22 Aircraft Maintenance Hangar and Airfield Improvement075,100 NavyNaval Station NorfolkSubmarine Pier 3 Inc.88,92343,923 NavyNaval Surface Warfare Center Dahlgren DivisionCyber Threat & Weapon Systems Engineering Complex00 NavyNaval Surface Warfare Center Dahlgren DivisionHigh Powered Electric Weapons Laboratory00 NavyNorfolk Naval ShipyardDry Dock Saltwater System for CVN–78156,38030,000 NavyMarine Corps Base QuanticoVehicle Inspection and Visitor Control Center42,85042,850 NavyMarine Corps Base QuanticoWargaming Center Inc.30,50030,500135 STAT. 2321 NavyNaval Weapons Station YorktownNavy Munitions Command
(Nmc)Ordnance Facilities Recap, Phase 2093,500 Worldwide Unspecified NavyUnspecified Worldwide LocationsPlanning and Design363,252413,252 NavyUnspecified Worldwide LocationsShipyard Investment Optimization Program0225,000 NavyUnspecified Worldwide LocationsShipyard Investment Optimization Program—Planning and Design062,820 NavyUnspecified Worldwide LocationsUnspecified Minor Construction56,43556,435 NavyWorldwide Various LocationsPDI: Planning and Design Unfunded Requirement068,200 NavyWorldwide Various LocationsUnspecified Minor Construction075,000 NavyWorldwide Various LocationsLabs and RDT&E Planning and Design Unfunded Requirement050,000 **Military Construction, Navy Total****2,368,352****3,895,117** Alaska AFEielson Air Force BaseContaminated Soil Removal044,850 AFJoint Base Elmendorf-RichardsonExtend Runway 16/34, Inc. 179,00079,000 Arizona AFDavis-Monthan Air Force BaseSouth Wilmot Gate13,40013,400 AFLuke Air Force BaseF–35A ADAL AMU Facility Squadron #628,00028,000 AFLuke Air Force BaseF–35A Squadron Operations Facility #621,00021,000 Australia AFRoyal Australian Air Force Base DarwinSquadron Operations Facility7,4007,400 AFRoyal Australian Air Force Base TindalAircraft Maintenance Support Facility6,2006,200 AFRoyal Australian Air Force Base TindalSquadron Operations Facility8,2008,200 California AFEdwards Air Force BaseFlight Test Engineering Lab Complex4,0004,000 AFEdwards Air Force BaseUpgrade Munitions Complex00 AFEdwards Air Force BaseRocket Engineering, Analysis, and Collaboration Hub (Reach)00 AFVandenberg Space Force BaseGBSD Re-Entry Vehicle Facility48,00048,000 AFVandenberg Space Force BaseGBSD Stage Processing Facility19,00019,000 Colorado AFSchriever Space Force BaseADAL Fitness Center030,000 AFUnited States Air Force AcademyAdd High Bay Vehicle Maintenance04,360 AFUnited States Air Force AcademyCadet Prep School Dormitory00 District of Columbia135 STAT. 2322 AFJoint Base Anacostia BollingJoint Air Defense Operations Center Ph 224,00024,000 Florida AFEglin Air Force BaseWeapons Technology Integration Center (P&D)040,000 AFEglin Air Force BaseHC-Blackfyre Facilities00 AFEglin Air Force BaseJADC2 & Abms Test Facility00 AFEglin Air Force BaseF–35A Development/Operational Test 2–Bay Hangar (P&D)04,000 AFEglin Air Force BaseCtc—Advanced Munitions Technology Complex035,000 AFEglin Air Force BaseIntegrated Control Facility00 AFEglin Air Force BaseF–35A Development Test 2–Bay MX Hangar00 AFEglin Air Force BaseFlightline Fire Station at Duke Field014,000 Georgia AFMoody Air Force Base41 Rqs Hh–60w Apron00 Germany AFSpangdahlem Air BaseF/a–22 LO/Composite Repair Facility22,62522,625 Guam AFJoint Region MarianasAirfield Damage Repair Warehouse30,00030,000 AFJoint Region MarianasHayman Munitions Storage Igloos, MSA29,8249,824 AFJoint Region MarianasMunitions Storage Igloos IV55,00055,000 Hawaii AFMaui Experimental Site #3Secure Integration Support Lab W/ Land Acquisition (P&D)08,800 Hungary AFKecskemet Air BaseEDI: Construct Airfield Upgrades20,56420,564 AFKecskemet Air BaseEDI: Construct Parallel Taxiway38,65038,650 Italy AFAviano Air Force BaseArea A1 Entry Control Point010,200 Japan AFKadena Air BaseAirfield Damage Repair Storage Facility38,00038,000 AFKadena Air BaseHelicopter Rescue OPS Maintenance Hangar168,00035,000 AFKadena Air BaseReplace Munitions Structures26,10026,100 AFMisawa Air BaseAirfield Damage Repair Facility25,00025,000 AFYokota Air BaseC–130J Corrosion Control Hangar67,00067,000 AFYokota Air BaseAirfield Damage Repair Warehouse039,000 AFYokota Air BaseConstruct CATM Facility25,00025,000 Louisiana AFBarksdale Air Force BaseWeapons Generation Facility, Inc. 140,00040,000 AFBarksdale Air Force BaseNew Entrance Road and Gate Complex—Ctc036,000 Maryland AFJoint Base AndrewsFire Crash Rescue Station26,00026,000 AFJoint Base AndrewsMilitary Working Dog Kennel—Ctc010,000 Massachusetts AFHanscom Air Force BaseNC3 Acquisitions Management Facility66,00066,000 Nebraska135 STAT. 2323 AFOffutt Air Force BaseReplace Trestle F31200 Nevada AFCreech Air Force BaseWarrior Fitness Training Center (P&D)02,200 AFCreech Air Force BaseMission Support Facility014,200 New Mexico AFCannon Air Force Base192 Bed Dormitory (P&D)05,568 AFCannon Air Force BaseDeployment Processing Center (P&D)05,976 AFHolloman Air Force BaseIndoor Target Flip Facility (P&D)02,340 AFHolloman Air Force BaseRAMS Indoor Target Flip Facility00 AFHolloman Air Force BaseHolloman High Speed Test Track Recapitalization00 AFHolloman Air Force BaseADAL Fabrication Shop00 AFHolloman Air Force BaseMQ–9 Formal Training Unit Operations Facility00 AFKirtland Air Force BaseDedicated Facility for the Space Rapid Capabilities Office (P&D)05,280 AFKirtland Air Force BaseCtc—Wyoming Gate Antiterrorism Compliance05,600 AFKirtland Air Force BasePj/Cro Urban Training Complex (P&D)0810 AFKirtland Air Force BaseHigh Power Electromagnetic
(HPEM)Laboratory00 AFKirtland Air Force BaseLaser Effects & Simulation Laboratory00 AFKirtland Air Force BaseADAL Systems & Engineering Lab00 New Jersey AFJoint Base McGuire-Dix-LakehurstSFS OPS Confinement Facility (P&D)0450 Ohio AFWright-Patterson Air Force BaseChild Development Center024,000 AFWright-Patterson Air Force BaseHuman Performance Wing Laboratory00 AFWright-Patterson Air Force BaseBionatronics Research Center Laboratory00 Oklahoma AFTinker Air Force BaseKC–46A 3–Bay Depot Maintenance Hangar160,00060,000 South Carolina AFJoint Base CharlestonFlightline Support Facility029,000 AFJoint Base CharlestonFire and Rescue Station030,000 South Dakota AFEllsworth Air Force BaseB–21 2–Bay LO Restoration Facility, Inc. 291,00041,000 AFEllsworth Air Force BaseB–21 ADAL Flight Simulator24,00024,000 AFEllsworth Air Force BaseB–21 Field Training Detachment Facility47,00047,000 AFEllsworth Air Force BaseB–21 Formal Training Unit/AMU70,00070,000 AFEllsworth Air Force BaseB–21 Mission Operations Planning Facility36,00036,000 AFEllsworth Air Force BaseB–21 Washrack & Maintenance Hangar65,00065,000 Spain135 STAT. 2324 AFMoron Air BaseEDI-Hot Cargo Pad8,5428,542 Tennessee AFArnold Air Force BaseCooling Water Expansion, Rowland Creek00 AFArnold Air Force BaseAdd/Alter Test Cell Delivery Bay014,600 AFArnold Air Force BasePrimary Pumping Station Upgrades00 Texas AFJoint Base San AntonioBMT Recruit Dormitory 7141,00040,000 AFJoint Base San AntonioBMT Recruit Dormitory 8, Inc. 331,00031,000 AFJoint Base San Antonio—Fort Sam HoustonChild Development Center029,000 AFJoint Base San Antonio—Fort Sam HoustonDirected Energy Research Center00 AFJoint Base San Antonio—Lackland Air Force BaseChild Development Center029,000 AFSheppard Air Force BaseChild Development Center20,00020,000 United Kingdom AFRoyal Air Force FairfordEDI: Construct DABS-FEV Storage94,00094,000 AFRoyal Air Force LakenheathF–35A Child Development Center024,000 AFRoyal Air Force LakenheathF–35A Munition Inspection Facility31,00031,000 AFRoyal Air Force LakenheathF–35 ADAL Conventional Munitions MX04,500 AFRoyal Air Force LakenheathF–35A Weapons Load Training Facility49,00049,000 Utah AFHill Air Force BaseGBSD Organic Software Sustainment Ctr, Inc. 231,00031,000 Virginia AFJoint Base Langley-EustisFuel Systems Maintenance Dock024,000 Worldwide Unspecified AFVarious Worldwide LocationsEDI: Planning & Design64810,648 AFVarious Worldwide LocationsPDI: Planning & Design27,20047,200 AFVarious Worldwide LocationsPlanning & Design201,453201,453 AFVarious Worldwide LocationsIntelligence, Surveillance, and Reconnaissance Infrastructure Planning and Design020,000 AFVarious Worldwide LocationsCost to Complete—Natural Disaster Conus-Based Projects0100,000 AFVarious Worldwide LocationsEDI: UMMC015,000 AFVarious Worldwide LocationsUnspecified Minor Military Construction58,88458,884 AFWorldwide Various LocationsLabs and RDT&E Planning and Design Unfunded Requirement075,000 **Military Construction, Air Force Total****2,102,690****2,485,424** Alabama Def-WideFort Rucker10 MW RICE Generator Plant and Microgrid Controls024,000135 STAT. 2325 Def-WideRedstone ArsenalMsic Advanced Analysis Facility Phase 1 (Inc)025,000 Belgium Def-WideChievres Air Force BaseEurope West District Superintendent’s Office15,00015,000 California Def-WideMarine Corps Base Camp PendletonVeterinary Treatment Facility Replacement13,60013,600 Def-WideSilver Strand Training ComplexSOF ATC Operations Support Facility21,70021,700 Def-WideSilver Strand Training ComplexSOF NSWG11 Operations Support Facility12,00012,000 Def-WideMarine Corps Air Station MiramarAdditional LFG Power Meter Station04,054 Def-WideNaval Air Weapons Station China LakeSolar Energy Storage System09,120 Def-WideNaval Amphibious Base CoronadoCtc- SOF Training Command020,500 Colorado Def-WideBuckley Air Force BaseJCC Expansion20,00020,000 District of Columbia Def-WideJoint Base Anacostia-BollingDIA HQ Cooling Towers and Cond Pumps02,257 Def-WideJoint Base Anacostia-BollingPV Carports029,004 Florida Def-WideMacDill Air Force BaseTransmission and Switching Stations022,000 Georgia Def-WideFort Benning4.8 MW Generation and Microgrid017,593 Def-WideFort BenningSOF Battalion Headquarters Facility62,00062,000 Def-WideFort Stewart10 MW Generation Plant, With Microgrid Controls022,000 Def-WideKings Bay Naval Submarine BaseElectrical Transmission and Distribution019,314 Germany Def-WideRamstein Air BaseRamstein Middle School93,00013,000 Guam Def-WidePolaris Point Submarine BaseInner Apra Harbor Resiliency Upgrades Ph1038,300 Hawaii Def-WideHdr-HawaiiHomeland Defense Radar (P&D)09,000 Def-WideJoint Base Pearl Harbor-HickamVeterinary Treatment Facility Replacement29,80029,800 Idaho Def-WideMountain Home Air Force BaseWater Treatment Plant and Pump Station033,800 Japan Def-WideMarine Corps Air Base IwakuniFuel Pier57,70057,700 Def-WideKadena Air BaseOperations Support Facility24,00024,000 Def-WideKadena Air BaseTruck Unload Facilities22,30022,300 Def-WideMisawa Air BaseAdditive Injection Pump and Storage Sys6,0006,000 Def-WideNaval Air Facility AtsugiSmart Grid for Utility and Facility Controls03,810 Def-WideYokota Air BaseHangar/AMU108,25331,653 Kuwait Def-WideCamp ArifjanMicrogrid Controller, 1.25 MW Solar PV, and 1.5 MWH Battery015,000135 STAT. 2326 Maryland Def-WideBethesda Naval HospitalMEDCEN Addition / Alteration, Inc. 5153,233153,233 Def-WideFort MeadeNSAW Mission OPS and Records Center Inc. 194,00094,000 Def-WideFort MeadeNSAW Recap Building 4, Inc. 1104,100104,100 Def-WideFort MeadeSOF Operations Facility100,00075,000 Michigan Def-WideCamp Grayling650 KW Gas-Fired Micro-Turbine Generation System05,700 Mississippi Def-WideCamp Shelby10 MW Generation Plant an Feeder Level Microgrid System034,500 Def-WideCamp ShelbyElectrical Distribution Infrastructure Undergrounding Hardening Project011,155 Missouri Def-WideFort Leonard WoodHospital Replacement, Inc. 4160,000160,000 New Mexico Def-WideKirtland Air Force BaseEnvironmental Health Facility Replacement8,6008,600 New York Def-WideFort DrumWellfield Expansion Resiliency Project027,000 North Carolina Def-WideCamp LejeuneCtc—SOF Motor Transport Maintenance Expansion00 Def-WideFort BraggCtc—SOF Intelligence Training Center00 Def-WideFort Bragg10 MW Microgrid Utilizing Existing and New Generators019,464 Def-WideFort BraggEmergency Water System07,705 North Dakota Def-WideCavalier Air Force StationPcars Emergency Power Plant Fuel Storage024,150 Ohio Def-WideSpringfield-Beckley Municipal AirportBase-Wide Microgrid With Natural Gas Generator, Photovaltaic, and Battery Storage04,700 Puerto Rico Def-WideFort AllenMicrogrid Conrol System, 690 KW PV, 275 KW Gen, 570 Kwh Bess012,190 Def-WidePunta BorinquenRamey Unit School Replacement84,00084,000 Def-WideAguadilla Ramey Unit SchoolMicrogrid Conrol System, 460 KW PV, 275 KW Generator, 660 Kwh Bess010,120 Tennessee Def-WideMemphis International AirportPV Arrays and Battery Storage04,780 Texas Def-WideJoint Base San AntonioAmbulatory Care Center Ph 435,00035,000 United Kingdom Def-WideMenwith Hill StationRafmh Main Gate Rehabilitation20,00020,000 Def-WideRoyal Air Force LakenheathHospital Replacement-Temporary Facilities19,28319,283 Virginia Def-WideFort BelvoirVeterinary Treatment Facility Replacement29,80029,800 Def-WideHumphries Engineer Center and Support ActivitySOF Battalion Operations Facility036,000 Def-WidePentagonConsolidated Maintenance Complex (RRMC)20,00020,000 Def-WidePentagonForce Protection Perimeter Enhancements8,6088,608 Def-WidePentagonPublic Works Support Facility21,93521,935135 STAT. 2327 Def-WideFort Belvoir, NGA Campus EastLed Upgrade Package0365 Def-WidePentagon, Mark Center, and Raven Rock Mountain ComplexRecommisioning of Hvac Systems, Part B02,600 Def-WideNational Geospatial-Intelligence Agency Campus EastElectrical System Redundancy05,299 Washington Def-WideOak HarborACC / Dental Clinic (Oak Harbor)59,00059,000 Worldwide Unspecified Def-WideUnspecified Worldwide LocationsDIA Planning and Design11,00011,000 Def-WideUnspecified Worldwide LocationsDODEA Planning and Design13,31713,317 Def-WideUnspecified Worldwide LocationsDODEA Unspecified Minor Construction8,0008,000 Def-WideUnspecified Worldwide LocationsERCIP Design40,15040,150 Def-WideUnspecified Worldwide LocationsEnergy Resilience and Conserv. Invest. Prog.246,6000 Def-WideUnspecified Worldwide LocationsExercise Related Minor Construction5,6155,615 Def-WideUnspecified Worldwide LocationsMDA Unspecified Minor Construction4,4354,435 Def-WideUnspecified Worldwide LocationsNSA Planning and Design83,84083,840 Def-WideUnspecified Worldwide LocationsNSA Unspecified Minor Military Construction12,00012,000 Def-WideUnspecified Worldwide LocationsPlanning and Design14,19414,194 Def-WideUnspecified Worldwide Locations Unspecified Minor Military Construction21,74621,746 Def-WideUnspecified Worldwide LocationsTJS Planning and Design2,0002,000 Def-WideUnspecified Worldwide LocationsUnspecified Minor Construction3,0003,000 Def-WideUnspecified Worldwide LocationsWHS Planning and Design5,2755,275 Def-WideVarious Worldwide LocationsDHA Planning and Design35,09935,099 Def-WideVarious Worldwide LocationsDLA Planning and Design20,86220,862 Def-WideVarious Worldwide LocationsDLA Unspecified Minor Construction6,6686,668 Def-WideVarious Worldwide LocationsSOCOM Planning and Design20,57620,576 **Military Construction, Defense-Wide Total****1,957,289****2,029,569** 135 STAT. 2328 Worldwide Unspecified NATONATO Security Investment ProgramNATO Security Investment Program205,853205,853 **NATO Security Investment Program Total****205,853****205,853** Alabama Army NGRedstone ArsenalNational Guard Readiness Center017,000 Alaska Army NGJoint Base Elmendorf-RichardsonPlanning and Design for National Guard Readiness Center05,000 Connecticut Army NGConnecticut Army National Guard Readiness Center—PutnamNational Guard Readiness Center17,50017,500 Georgia Army NGFort BenningPost-Initial Mil. Training Unaccomp. Housing13,20013,200 Guam Army NGGuam National Guard Readiness Center BarrigadaNational Guard Readiness Center Addition34,00034,000 Idaho Army NGJerome National Guard ArmoryNational Guard Readiness Center15,00015,000 Illinois Army NGBloomington National Guard ArmoryNational Guard Vehicle Maintenance Shop15,00015,000 Kansas Army NGNickell Memorial ArmoryNational Guard/Reserve Center Building SCIF (P&D)0420 Army NGNickell Memorial ArmoryNational Guard/Reserve Center Building16,73216,732 Louisiana Army NGCamp Minden Training SiteCollective Training Unaccompanied Housing013,800 Army NGLake Charles National Guard Readiness CenterNational Guard Readiness Center18,50018,500 Maine Army NGSaco National Guard Readiness CenterNational Guard Vehicle Maintenance Shop21,20021,200 Michigan Army NGCamp Grayling Military InstallationNational Guard Readiness Center016,000 Mississippi Army NGCamp Shelby Training SiteManeuver Area Training Equipment Site015,500 Missouri Army NGAviation Classification Repair Activity DepotAvcrad Aircraft Maintenance Hangar Addition (P&D)03,800 Montana Army NGButte Military Entrance Training SiteNational Guard Readiness Center16,00016,000 Nebraska135 STAT. 2329 Army NGMead Army National Guard Readiness CenterCollective Training Unaccompanied Housing011,000 North Dakota Army NGDickinson National Guard ArmoryNational Guard Readiness Center15,50015,500 South Dakota Army NGSioux Falls Army National GuardNational Guard Readiness Center015,000 Vermont Army NGEthan Allen Air Force BaseFamily Readiness Center04,665 Army NGVermont National Guard ArmoryNational Guard Readiness Center016,900 Virginia Army NGVirginia National Guard Readiness CenterArmy Aviation Support Facility (P&D)05,805 Army NGVirginia National Guard Readiness CenterCombined Support Maintenance Shop Addition6,9006,900 Army NGVirginia National Guard Readiness CenterNational Guard Readiness Center Addition6,1006,100 Worldwide Unspecified Army NGUnspecified Worldwide LocationsPlanning and Design22,00032,000 Army NGUnspecified Worldwide LocationsUnspecified Minor Construction39,47139,471 Army NGVarious Worldwide LocationsArmy National Guard Transformation Plan00 **Military Construction, Army National Guard Total****257,103****391,993** Michigan Army ResSouthfieldArea Maintenance Support Activity12,00012,000 Ohio Army ResWright-Patterson Air Force BaseAR Center Training Building/ UHS19,00019,000 Wisconsin Army ResFort McCoyTransient Training BN HQ12,20012,200 Army ResFort McCoyTransient Training Enlisted Barracks029,200 Army ResFort McCoyTransient Training Officer Barracks029,200 Army ResFort McCoyTransient Training Enlisted Barracks00 Worldwide Unspecified Army ResUnspecified Worldwide LocationsPlanning and Design7,1677,167 Army ResUnspecified Worldwide LocationsCost to Complete00 Army ResUnspecified Worldwide LocationsUnspecified Minor Military Construction14,54414,544 **Military Construction, Army Reserve Total****64,911****123,311** Michigan N/MC ResNavy Operational Support Center Battle CreekReserve Center & Vehicle Maintenance Facility49,09049,090135 STAT. 2330 Minnesota N/MC ResMinneapolisJoint Reserve Intelligence Center14,35014,350 Worldwide Unspecified N/MC ResUnspecified Worldwide LocationsMCNR Planning & Design1,2571,257 N/MC ResUnspecified Worldwide LocationsMCNR Unspecified Minor Construction2,3592,359 N/MC ResUnspecified Worldwide LocationsUSMCR Planning and Design4,7484,748 **Military Construction, Naval Reserve Total****71,804****71,804** Alabama Air NGSumpter Smith Air National Guard BaseSecurity and Services Training Facility07,500 Air NGMontgomery Regional AirportAircraft Maintenance Facility019,200 Connecticut Air NGBradley International AirportComposite ASE/Vehicle MX Facility017,000 Delaware Air NGNewcastle Air National Guard BaseFuel Cell/Corrosion Control Hangar017,500 Idaho Air NGBoise Air National Guard Base Gowen FieldMedical Training Facility06,500 Illinois Air NGAbraham Lincoln Capital AirportBase Civil Engineering Facility010,200 Massachusetts Air NGBarnes Air National GuardCombined Engine/ASE/NDI Shop12,20012,200 Michigan Air NGAlpena County Regional AirportAircraft Maintenance Hangar/Shops23,00023,000 Air NGSelfridge Air National Guard Basea–10 Maintenance Hangar and Shops028,000 Air NGW. K. Kellog Regional AirportConstruct Main Base Entrance10,00010,000 Mississippi Air NGJackson International AirportFire Crash and Rescue Station9,3009,300 New York Air NGFrancis S. Gabreski AirportBase Civil Engineer Complex014,800 Air NGSchenectady Municipal AirportC–130 Flight Simulator Facility10,80010,800 Ohio Air NGCamp PerryRed Horse Logistics Complex7,8007,800 South Carolina Air NGMcentire Joint National Guard BaseHazardous Cargo Pad09,000135 STAT. 2331 Air NGMcentire Joint National Guard BaseF–16 Mission Training Center9,8009,800 South Dakota Air NGJoe Foss FieldF–16 Mission Training Center9,8009,800 Texas Air NGKelly Field AnnexAircraft Corrosion Control09,500 Washington Air NGCamp Murray Air National Guard StationAir Support Operations Complex027,000 Wisconsin Air NGTruax FieldF–35 3–Bay Specialized Hangar31,00031,000 Air NGTruax FieldMedical Readiness Facility13,20013,200 Air NGVolk Combat Readiness Training CenterReplace Aircraft Maintenance Hangar/Shops (P&D)02,280 Worldwide Unspecified Air NGUnspecified Worldwide LocationsUnspecified Minor Construction29,06829,068 Air NGVarious Worldwide LocationsPlanning and Design18,40234,402 Wyoming Air NGCheyenne Municipal AirportCombined Vehicle Maintenance & ASE Complex13,40013,400 **Military Construction, Air National Guard Total****197,770****382,250** California AF ResBeale Air Force Base940 ARW SQ OPS &amu Complex033,000 Florida AF ResHomestead Air Force Reserve BaseCorrosion Control Facility14,00014,000 AF ResPatrick Air Force BaseSimulator C–130J18,50018,500 Indiana AF ResGrissom Air Reserve BaseLogistics Readiness Complex029,000 Minnesota AF ResMinneapolis-St Paul International AirportMission Support Group Facility14,00014,000 New York AF ResNiagara Falls Air Reserve StationMain Gate10,60010,600 Ohio AF ResYoungstown Air Reserve BaseAssault Runway08,700 Worldwide Unspecified AF ResWorldwide Various LocationsKC–46 Mob 5 (P&D)015,000 AF ResUnspecified Worldwide LocationsPlanning & Design5,8305,830 AF ResUnspecified Worldwide LocationsUnspecified Minor Military Construction15,44415,444 **Military Construction, Air Force Reserve Total****78,374****164,074** Italy FH Con ArmyVicenzaFamily Housing New Construction92,30492,304135 STAT. 2332 Kwajalein Atoll FH Con ArmyKwajalein AtollFamily Housing Replacement Construction010,000 Pennsylvania FH Con ArmyTobyhanna Army DepotCtc- Family Housing Replacement Construction07,500 Puerto Rico FH Con ArmyFort BuchananCtc- Family Housing Replacement Construction014,000 Worldwide Unspecified FH Con ArmyUnspecified Worldwide LocationsFamily Housing P&D7,54537,545 **Family Housing Construction, Army Total****99,849****161,349** Worldwide Unspecified FH Ops ArmyUnspecified Worldwide LocationsFurnishings18,07718,077 FH Ops ArmyUnspecified Worldwide LocationsHousing Privitization Support38,40438,404 FH Ops ArmyUnspecified Worldwide LocationsLeasing128,110128,110 FH Ops ArmyUnspecified Worldwide LocationsMaintenance111,181111,181 FH Ops ArmyUnspecified Worldwide LocationsManagement42,85042,850 FH Ops ArmyUnspecified Worldwide LocationsMiscellaneous556556 FH Ops ArmyUnspecified Worldwide LocationsServices8,2778,277 FH Ops ArmyUnspecified Worldwide LocationsUtilities43,77243,772 **Family Housing Operation And Maintenance, Army Total****391,227****391,227** Worldwide Unspecified FH Con NavyUnspecified Worldwide LocationsConstruction Improvements71,88471,884 FH Con NavyUnspecified Worldwide LocationsPlanning & Design3,6343,634 FH Con NavyUnspecified Worldwide LocationsUSMC DPRI/Guam Planning and Design2,0982,098 **Family Housing Construction, Navy And Marine Corps Total****77,616****77,616** Worldwide Unspecified FH Ops NavyUnspecified Worldwide LocationsFurnishings16,53716,537135 STAT. 2333 FH Ops NavyUnspecified Worldwide LocationsHousing Privatization Support54,54454,544 FH Ops NavyUnspecified Worldwide LocationsLeasing62,56762,567 FH Ops NavyUnspecified Worldwide LocationsMaintenance95,41795,417 FH Ops NavyUnspecified Worldwide LocationsManagement54,08354,083 FH Ops NavyUnspecified Worldwide LocationsMiscellaneous285285 FH Ops NavyUnspecified Worldwide LocationsServices17,63717,637 FH Ops NavyUnspecified Worldwide LocationsUtilities56,27156,271 **Family Housing Operation And Maintenance, Navy And Marine Corps Total****357,341****357,341** Georgia FH Con AFRobins Air Force BaseRobins 2 MHPI Restructure6,0006,000 Nebraska FH Con AFOffutt Air Force BaseOffutt MHPI Restructure50,00050,000 Worldwide Unspecified FH Con AFUnspecified Worldwide LocationsConstruction Improvements49,25849,258 FH Con AFUnspecified Worldwide LocationsPlanning & Design10,45810,458 **Family Housing Construction, Air Force Total****115,716****115,716** Worldwide Unspecified FH Ops AFUnspecified Worldwide LocationsFurnishings26,84226,842 FH Ops AFUnspecified Worldwide LocationsHousing Privatization23,27523,275 FH Ops AFUnspecified Worldwide LocationsLeasing9,5209,520 FH Ops AFUnspecified Worldwide LocationsMaintenance141,754141,754 FH Ops AFUnspecified Worldwide LocationsManagement70,06270,062 FH Ops AFUnspecified Worldwide LocationsMiscellaneous2,2002,200 FH Ops AFUnspecified Worldwide LocationsServices8,1248,124135 STAT. 2334 FH Ops AFUnspecified Worldwide LocationsUtilities43,66843,668 **Family Housing Operation And Maintenance, Air Force Total****325,445****325,445** Worldwide Unspecified FH Ops DWUnspecified Worldwide LocationsDIA Furnishings656656 FH Ops DWUnspecified Worldwide LocationsDIA Leasing31,43031,430 FH Ops DWUnspecified Worldwide LocationsDIA Utilities4,1664,166 FH Ops DWUnspecified Worldwide LocationsMaintenance4949 FH Ops DWUnspecified Worldwide LocationsNSA Furnishings8383 FH Ops DWUnspecified Worldwide LocationsNSA Leasing13,38713,387 FH Ops DWUnspecified Worldwide LocationsNSA Utilities1414 **Family Housing Operation And Maintenance, Defense-Wide Total****49,785****49,785** Worldwide Unspecified FHIFUnspecified Worldwide LocationsAdministrative Expenses—FHIF6,0816,081 **Unaccompanied Housing Improvement Fund Total****6,081****6,081** Worldwide Unspecified UHIFUnspecified Worldwide LocationsAdministrative Expenses—UHIF494494 **Unaccompanied Housing Improvement Fund Total****494****494** Worldwide Unspecified BRACBase Realignment & Closure, ArmyBase Realignment and Closure65,301115,301 **Base Realignment and Closure—Army Total****65,301****115,301** Worldwide Unspecified BRACUnspecified Worldwide LocationsBase Realignment & Closure111,155161,155 **Base Realignment and Closure—Navy Total****111,155****161,155** Worldwide Unspecified135 STAT. 2335 BRACUnspecified Worldwide LocationsDOD BRAC Activities—Air Force104,216104,216 **Base Realignment and Closure—Air Force Total****104,216****104,216** Worldwide Unspecified BRACUnspecified Worldwide LocationsBase Realignment and Closure00 BRACUnspecified Worldwide LocationsInt–4: DLA Activities3,9673,967 **Base Realignment and Closure—Defense-wide Total****3,967****3,967** **Total, Military Construction****9,847,031****13,347,031** TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. **SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS****(In Thousands of Dollars)** **Program****FY 2022**** Request****Conference**** Authorized** **Discretionary Summary by Appropriation** **Energy and Water Development and Related Agencies** **Appropriation Summary:** **Energy Programs** Nuclear energy149,800149,800 **Atomic Energy Defense Activities** **National Nuclear Security Administration:** Weapons activities15,484,29515,981,328 Defense nuclear nonproliferation1,934,0001,957,000 Naval reactors1,860,7051,860,705 Federal Salaries and Expenses464,000464,000 **Total, National Nuclear Security Administration****19,743,000****20,263,033** Defense environmental cleanup6,841,6706,480,759 Defense Uranium Enrichment D&D00 Other defense activities1,170,000920,000 **Total, Atomic Energy Defense Activities****27,754,670****27,663,792** **Total, Discretionary Funding****27,904,470****27,813,592** **Nuclear Energy** Safeguards and security149,800149,800 **Total, Nuclear Energy****149,800****149,800**135 STAT. 2336 **National Nuclear Security Administration ** **Federal Salaries and Expenses** Program direction464,000464,000 **Weapons Activities** **Stockpile management** **Stockpile major modernization** B61 Life extension program771,664771,664 W76–2 Modification program00 W88 Alteration program207,157207,157 W80–4 Life extension program1,080,4001,080,400 W80–4 ALT SLCM10,00010,000 W87–1 Modification Program (formerly IW1)691,031691,031 W9372,00072,000 **Subtotal, Stockpile major modernization****2,832,252****2,832,252** Stockpile sustainment1,180,4831,180,483 Weapons dismantlement and disposition51,00051,000 Production operations568,941568,941 **Total, Stockpile management****4,632,676****4,632,676** **Production modernization** **Primary Capability Modernization** **Plutonium Modernization** **Los Alamos plutonium modernization** Los Alamos Plutonium Operations660,419660,419 21–D–512, Plutonium Pit Production Project, LANL350,000350,000 **Subtotal, Los Alamos plutonium modernization****1,010,419****1,010,419** **Savannah River plutonium modernization** Savannah River plutonium operations128,000128,000 21–D–511, Savannah River Plutonium Processing Facility, SRS475,000475,000 **Subtotal, Savannah River plutonium modernization****603,000****603,000** Enterprise Plutonium Support107,098107,098 **Total, Plutonium Modernization****1,720,517****1,720,517** High Explosives & Energetics68,78568,785 **Total, Primary Capability Modernization****1,789,302****1,789,302** Secondary Capability Modernization488,097488,097 Tritium and Domestic Uranium Enrichment489,017489,017 Non-Nuclear Capability Modernization144,563144,563 **Total, Production modernization****2,910,979****2,910,979** **Stockpile research, technology, and engineering** Assessment science689,578769,394 Engineering and integrated assessments336,766292,085 Inertial confinement fusion529,000580,000 Advanced simulation and computing747,012747,012 Weapon technology and manufacturing maturation292,630292,630 Academic programs95,645101,945 **Total, Stockpile research, technology, and engineering****2,690,631****2,783,066** **Infrastructure and operations** **Operating** Operations of facilities1,014,0001,014,000 Safety and Environmental Operations165,354165,354135 STAT. 2337 Maintenance and Repair of Facilities670,0001,020,000 **Recapitalization** Infrastructure and Safety508,664508,664 Capabilities Based Investments143,066143,066 Planning for Programmatic Construction (Pre-CD–1)00 **Subtotal, Recapitalization****651,730****651,730** **Total, Operating****2,501,084****2,851,084** **Construction** **Programmatic** 22–D–513 Power Sources Capability, SNL13,82713,827 21–D–510, HE Synthesis, Formulation, and Production Facility, PX44,50036,200 18–D–690, Lithium Processing Facility, Y–12167,902167,902 18–D–650, Tritium Finishing Facility, SRS27,00027,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL00 17–D–640, U1a Complex Enhancements Project, NNSS135,000135,000 15–D–302, TA–55 Reinvestment Project—Phase 3, LANL27,00027,000 15–D–301, HE Science & Engineering Facility, PX00 07–D–220-04, Transuranic Liquid Waste Facility, LANL00 06–D–141, Uranium Processing Facility, Y–12524,000600,000 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL138,123138,123 **Total, Programmatic****1,077,352****1,145,052** **Mission enabling** 22–D–514 Digital Infrastructure Capability Expansion8,0008,000 **Total, Mission enabling****8,000****8,000** **Total, Construction****1,085,352****1,153,052** **Total, Infrastructure and operations****3,586,436****4,004,136** **Secure transportation asset** Operations and equipment213,704213,704 Program direction117,060117,060 **Total, Secure transportation asset****330,764****330,764** **Defense nuclear security** Operations and maintenance824,623811,521 Security improvements program00 **Construction:** 17–D–710, West end protected area reduction project, Y–1223,00023,000 **Subtotal, construction****23,000****23,000** **Total, Defense nuclear security****847,623****834,521** **Information technology and cybersecurity****406,530**406,530 **Legacy contractor pensions****78,656**78,656 **Total, Weapons Activities****15,484,295****15,981,328** **Adjustments** Use of prior year balances00 **Total, Adjustments****0****0** **Total, Weapons Activities****15,484,295****15,981,328** 135 STAT. 2338 **Defense Nuclear Nonproliferation** **Defense Nuclear Nonproliferation Programs** **Material management and minimization** Conversion (formerly HEU Reactor Conversion)100,660100,660 Nuclear material removal42,10042,100 Material disposition200,186200,186 Laboratory and partnership support00 **Total, Material management & minimization****342,946****342,946** **Global material security** International nuclear security79,93979,939 Domestic radiological security158,002158,002 International radiological security85,00085,000 Nuclear smuggling detection and deterrence175,000185,000 **Total, Global material security****497,941****507,941** Nonproliferation and arms control184,795184,795 National Technical Nuclear Forensics R&D45,00045,000 **Defense nuclear nonproliferation R&D** Proliferation detection269,407269,407 Nonproliferation stewardship program87,329100,329 Nuclear detonation detection271,000271,000 Nonproliferation fuels development00 **Total, Defense Nuclear Nonproliferation R&D****627,736****640,736** **Nonproliferation construction** **U. S. Construction:** 18–D–150 Surplus Plutonium Disposition Project156,000156,000 99–D–143, Mixed Oxide
(MOX)Fuel Fabrication Facility, SRS00 **Total, U. S. Construction:****156,000****156,000** **Total, Nonproliferation construction****156,000****156,000** **Total, Defense Nuclear Nonproliferation Programs****1,854,418****1,877,418** Legacy contractor pensions38,80038,800 **Nuclear counterterrorism and incident response program** Emergency Operations14,59714,597 Counterterrorism and Counterproliferation356,185356,185 **Total, Nuclear counterterrorism and incident response program****370,782****370,782** **Subtotal, Defense Nuclear Nonproliferation****2,264,000****2,287,000** **Adjustments** Use of prior year balances00 Use of prior year MOX funding–330,000–330,000 **Total, Adjustments****–330,000****–330,000** **Total, Defense Nuclear Nonproliferation****1,934,000****1,957,000** **Naval Reactors** Naval reactors development640,684640,684 Columbia-Class reactor systems development55,00055,000 S8G Prototype refueling126,000126,000 Naval reactors operations and infrastructure594,017594,017 Program direction55,57955,579 **Construction:** 22–D–532 Security Upgrades KL5,1005,100135 STAT. 2339 22–D–531 KL Chemistry & Radiological Health Building41,62041,620 21–D–530 KL Steam and Condensate Upgrades00 14–D–901, Spent Fuel Handling Recapitalization Project, NRF348,705348,705 **Total, Construction****395,425****395,425** Use of Prior Year unobligated balances–6,000–6,000 **Total, Naval Reactors****1,860,705****1,860,705** **TOTAL, National Nuclear Security Administration****19,743,000****20,263,033** **Defense Environmental Cleanup** Closure sites administration3,9873,987 **Richland:** River corridor and other cleanup operations196,000211,000 Central plateau remediation689,776689,776 Richland community and regulatory support5,1215,121 18–D–404 Modification of Waste Encapsulation and Storage Facility8,0008,000 22–D–401 L–888, 400 Area Fire Station15,20015,200 22–D–402 L–897, 200 Area Water Treatment Facility12,80012,800 **Total, Richland****926,897****941,897** **Office of River Protection:** Waste Treatment Immobilization Plant Commissioning50,00050,000 Rad liquid tank waste stabilization and disposition817,642837,642 **Construction:** 18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW586,000586,000 01–D–16 D, High-level waste facility60,00060,000 01–D–16 E, Pretreatment Facility20,00020,000 **Total, Construction****666,000****666,000** ORP Low-level waste offsite disposal7,0007,000 **Total, Office of River Protection****1,540,642****1,560,642** **Idaho National Laboratory:** Idaho cleanup and waste disposition358,925358,925 Idaho community and regulatory support2,6582,658 **Construction:** 22–D–403 Idaho Spent Nuclear Fuel Staging Facility3,0003,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project5,0005,000 **Total, Construction****8,000****8,000** **Total, Idaho National Laboratory****369,583****369,583** **NNSA sites and Nevada off-sites** Lawrence Livermore National Laboratory1,8061,806 LLNL Excess facilities D&D35,00035,000 Separations Processing Research Unit15,00015,000 Nevada Test Site60,73760,737 Sandia National Laboratory4,5764,576 Los Alamos National Laboratory275,119275,119 Los Alamos Excess facilities D&D58,38158,381 **Total, NNSA sites and Nevada off-sites****450,619****450,619** **Oak Ridge Reservation:** OR Nuclear facility D&D274,923287,316 U233 Disposition Program55,00055,000 OR cleanup and waste disposition73,72573,725135 STAT. 2340 **Construction:** 17–D–401 On-site waste disposal facility12,50012,500 14–D–403 Outfall 200 Mercury Treatment Facility00 **Subtotal, Construction:****12,500****12,500** OR community & regulatory support5,0965,096 OR technology development and deployment3,0003,000 **Total, Oak Ridge Reservation****424,244****436,637** **Savannah River Site:** Savannah River risk management operations452,724454,090 SR legacy pensions130,882130,882 SR community and regulatory support5,80511,805 **Construction:** 20-D–402 Advanced Manufacturing Collaborative Facility (AMC)00 20-D–401 Saltstone Disposal Unit #10, 11, 1219,50019,500 19–D–701 SR Security systems replacement5,0005,000 18–D–402 Saltstone disposal unit #8/968,00068,000 17–D–402 Saltstone Disposal Unit #700 05–D–405 Salt waste processing facility, SRS00 8–D–402 Emergency Operations Center Replacement, SR8,9998,999 Radioactive liquid tank waste stabilization890,865890,865 **Total, Savannah River Site****1,581,775****1,589,141** **Waste Isolation Pilot Plant** Waste Isolation Pilot Plant350,424350,424 **Construction:** 15–D–411 Safety significant confinement ventilation system, WIPP55,00055,000 15–D–412 Exhaust shaft, WIPP25,00025,000 21–D–401 Hoisting Capability Project00 **Total, Construction****80,000****80,000** **Total, Waste Isolation Pilot Plant****430,424****430,424** Program direction—Defense Environmental Cleanup293,106293,106 Program support—Defense Environmental Cleanup62,97962,979 Safeguards and Security—Defense Environmental Cleanup316,744316,744 Technology development and deployment25,00025,000 Federal contribution to the Uranium Enrichment D&D Fund415,6700 Use of prior year balances00 **Subtotal, Defense environmental cleanup****6,841,670****6,480,759** **TOTAL, Defense Environmental Cleanup****6,841,670****6,480,759** **Defense Uranium Enrichment D&D**00 **Other Defense Activities** **Environment, health, safety and security** Environment, health, safety and security mission support130,809130,809 Program direction75,51175,511 **Total, Environment, health, safety and security****206,320****206,320** **Independent enterprise assessments** Enterprise assessments27,33527,335 Program direction—Office of Enterprise Assessments56,04956,049 **Total, Office of Enterprise Assessments****83,384****83,384** 135 STAT. 2341 Specialized security activities283,500283,500 **Office of Legacy Management** Legacy management activities—defense408,797158,797 Program direction19,93319,933 **Total, Office of Legacy Management****428,730****178,730** Defense related administrative support163,710163,710 Office of hearings and appeals4,3564,356 **Subtotal, Other defense activities****1,170,000****920,000** Use of prior year balances00 **Total, Other Defense Activities****1,170,000****920,000** DIVISION E—DEPARTMENTDepartmentof State Authorization Act of 2021. OF STATE AUTHORIZATION ACT OF 2021 Sec. 5001. Short title. Sec. 5002. Definitions. SEC. 5001. SHORT TITLE. This division may be cited as the “Department of State Authorization Act of 2021”. SEC. 5002. [22 USC 263 note](/us/usc/t22/s263).DEFINITIONS. In this division:(1) Appropriate congressional committees.—The term “**appropriate congressional committees**” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2)Department.—If not otherwise specified, the term “**Department**” means the Department of State.
(3)Secretary.—If not otherwise specified, the term “**Secretary**” means the Secretary of State. TITLE LI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE Sec. 5101. Sense of Congress on importance of Department of State’s work. Sec. 5102. Assistant Secretary for International Narcotics and Law Enforcement Affairs. Sec. 5103. Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration. Sec. 5104. Office of International Disability Rights. Sec. 5105. Special appointment authority. Sec. 5106. Repeal of authority for Special Representative and Policy Coordinator for Burma. Sec. 5107. Anti-piracy information sharing. Sec. 5108. Importance of foreign affairs training to national security. Sec. 5109. Classification and assignment of Foreign Service officers. Sec. 5110. Reporting on implementation of GAO recommendations. Sec. 5111. Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments.135 STAT. 2342 Sec. 5112. Art in embassies. Sec. 5113. International fairs and expositions. Sec. 5114. Amendment or repeal of reporting requirements. SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF STATE’S WORK. It is the sense of Congress that—(1) United States global engagement is key to a stable and prosperous world;
(2)United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world;
(3)diplomacy and development are critical tools of national power, and full deployment of these tools is vital to United States national security;
(4)challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership;
(5)the United States Government must use all of the instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity;
(6)United States security and prosperity depend on having partners and allies that share our interests and values, and these partnerships are nurtured and our shared interests and values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance that helps further economic development, good governance, including the rule of law and democratic institutions, and the development of shared responses to natural and humanitarian disasters;
(7)as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained and robust funding to carry out this important work, which is essential to our ability to project United States leadership and values and to advance United States interests around the world;
(8)the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities;
(9)the Department and USAID are vital national security agencies, whose work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, United States economic power would be diminished, and global stability and prosperity would suffer;135 STAT. 2343
(10)investing in diplomacy and development before conflicts break out saves American lives while also being cost-effective; and
(11)the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the United States to maintain its leadership around the world. SEC. 5102. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS.(a) In General.—Section 1(c) of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a(c)](/us/usc/t22/s2651a/c)) is amended—(1) by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; and
(2)by inserting after paragraph
(2)the following new paragraph:"“(3) Assistant secretary for international narcotics and law enforcement affairs.—“(A) In general.—There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate. “(B) Areas of responsibility.—The Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters:“(i) Combating international narcotics production and trafficking. “(ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets. “(iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting. “(iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices. “(v) Combating, in conjunction with other relevant bureaus of the Department of State and other United 135 STAT. 2344 States Government agencies, all forms of transnational organized crime, including human trafficking, illicit trafficking in arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime. “(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts. “(C) Additional duties.—In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also—“(i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies; “(ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department; “(iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized; “(iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Relations of the Senate that United States and the Committee on Foreign Affairs of the House of Representatives enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 ([22 U.S.C. 3927](/us/usc/t22/s3927)); and “(v) carry out such other relevant duties as the Secretary may assign. “(D) Rule of construction.—Nothing in this paragraph may be construed to limit or impair the authority or responsibility of any other Federal agency with respect to law enforcement, domestic security operations, or intelligence activities as defined in Executive Order 12333.” ".
(b)Modification of Annual International Narcotics Control Strategy Report.—Subsection
(a)of section 489 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2291h](/us/usc/t22/s2291h)) is amended by inserting after paragraph
(9)the following new paragraph:"“(10) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in 135 STAT. 2345 which United States law enforcement personnel have been physically present.” ". SEC. 5103. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION, REFUGEES, AND MIGRATION. Section 1 of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a](/us/usc/t22/s2651a)) is amended—(1) by redesignating subsection
(g)as subsection (j); and
(2)by inserting after subsection
(f)the following new subsections:"“(g) Bureau of Consular Affairs.—There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs. “(h) Bureau of Population, Refugees, and Migration.—There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.” ". SEC. 5104. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.(a) Establishment.—There should be established in the Department of State an Office of International Disability Rights (referred to in this section as the “Office”).
(b)Duties.—The Office should—(1) seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities;
(2)promote the human rights and full participation in international development activities of all persons with disabilities;
(3)promote disability inclusive practices and the training of Department of State staff on soliciting quality programs that are fully inclusive of people with disabilities;
(4)represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with disabilities, and work to raise the profile of disability across a broader range of organizations contributing to international development efforts;
(5)conduct regular consultation with civil society organizations working to advance international disability rights and empower persons with disabilities internationally;
(6)consult with other relevant offices at the Department that are responsible for drafting annual reports documenting progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses of persons with disabilities;
(7)advise the Bureau of Human Resources or its equivalent within the Department regarding the hiring and recruitment and overseas practices of civil service employees and Foreign Service officers with disabilities and their family members with chronic medical conditions or disabilities; and
(8)carry out such other relevant duties as the Secretary of State may assign.
(c)Supervision.—The Office may be headed by—(1) a senior advisor to the appropriate Assistant Secretary of State; or
(2)an officer exercising significant authority who reports to the President or Secretary of State, appointed by and with the advice and consent of the Senate.135 STAT. 2346
(d)Consultation.—The Secretary of State should direct Ambassadors at Large, Representatives, Special Envoys, and coordinators working on human rights to consult with the Office to promote the human rights and full participation in international development activities of all persons with disabilities. SEC. 5105. SPECIAL APPOINTMENT AUTHORITY. Section 1 of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a](/us/usc/t22/s2651a)), as amended by section 6103 of this Act, is further amended by inserting after subsection
(h)the following new subsection:"“(i) Special Appointments.—“(1) Positions exercising significant authority.—The President may, by and with the advice and consent of the Senate, appoint an individual as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States. Except as provided in paragraph
(3)or in clause 3, section 2, [article II of the Constitution](/us/cons/aII) (relating to recess appointments), an individual may not be designated as a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate. “(2) Positions not exercising significant authority.—The President or Secretary of State may appoint any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State not exercising significant authority pursuant to the laws of the United States without the advice and consent of the Senate, if the President or Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:“(A) A certification that the position does not require the exercise of significant authority pursuant to the laws of the United States. “(B) A description of the duties and purpose of the position. “(C) The rationale for giving the specific title and function to the position. “(3) Limited exception for temporary appointments exercising significant authority.—The President may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other position performing a similar function, regardless of title, at the Department of State exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary of State, not later than 15 days after the appointment of a person to such a position, or 30 days 135 STAT. 2347 after the date of the enactment of this subsection, whichever is earlier, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notification that includes the following:“(A) The necessity for conferring such title and function. “(B) The dates during which such title and function will be held. “(C) The justification for not submitting the proposed conferral of such title and function to the Senate as a nomination for advice and consent to appointment. “(D) All relevant information concerning any potential conflict of interest which the proposed recipient of such title and function may have with regard to the appointment. “(4) Renewal of temporary appointment.—The President may renew for one period not to exceed 180 days any position maintained or established under paragraph
(3)if the President, not later than 15 days before issuing such renewal, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a detailed justification on the necessity of such extension, including the dates with respect to which such title will continue to be held and the justification for not submitting such title to the Senate as a nomination for advice and consent. “(5) Exemption.—Paragraphs
(1)through
(4)shall not apply to a Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person performing a similar function, regardless of title, at the Department of State if the position is expressly mandated by statute. “(6) Effective date.—This subsection shall apply to appointments made on or after January 3, 2023.” ". SEC. 5106. REPEAL OF AUTHORITY FOR SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR BURMA. Section 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 ([Public Law 110–286](/us/pl/110/286); [50 U.S.C. 1701 note](/us/usc/t50/s1701)) relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed. SEC. 5107. [22 USC 263c](/us/usc/t22/s263c).ANTI-PIRACY INFORMATION SHARING. The Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). SEC. 5108. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL SECURITY.(a) Sense of Congress.—It is the sense of Congress that—(1) the Department is a crucial national security agency, whose employees, both Foreign and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad;
(2)the Department’s investment of time and resources with respect to the training and education of its personnel 135 STAT. 2348 is considerably below the level of other Federal departments and agencies in the national security field, and falls well below the investments many allied and adversarial countries make in the development of their diplomats;
(3)the Department faces increasingly complex and rapidly evolving challenges, many of which are science and technology-driven, and which demand the continual, high-quality training and education of its personnel;
(4)the Department must move beyond reliance on “on-the-job training” and other informal mentorship practices, which lead to an inequality in skillset development and career advancement opportunities, often particularly for minority personnel, and towards a robust professional tradecraft training continuum that will provide for greater equality in career advancement and increase minority participation in the senior ranks;
(5)the Department’s Foreign Service Institute and other training facilities should seek to substantially increase their educational and training offerings to Department personnel, including developing new and innovative educational and training courses, methods, programs, and opportunities; and
(6)consistent with existing Department gift acceptance authority and other applicable laws, the Department and Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training offerings, especially in the introduction of new, innovative, and pilot model courses.
(b)Deadline.Strategy.Training Float.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to the appropriate congressional committees a strategy to establish a “training float” to allow for up to 15 percent of the Civil and Foreign Service to participate in long-term training at any given time. The strategy should identify steps necessary to ensure the implementation of the training priorities identified in subsection (c), sufficient training capacity and opportunities are available to Civil and Foreign Service officers, the equitable distribution of long-term training opportunities to Civil and Foreign Service officers, and the provision of any additional resources or authorities necessary to facilitate such a training float, including programs at the George P. Schultz National Foreign Affairs Training Center, the Foreign Service Institute, the Foreign Affairs Security Training Center, and other facilities or programs operated by the Department of State. The strategy shall identify which types of training would be prioritized, the extent (if any) to which such training is already being provided to Civil and Foreign Service officers by the Department of State, any factors incentivizing or disincentivizing such training, and why such training cannot be achieved without Civil and Foreign Service officers leaving the workforce. In addition to training opportunities provided by the Department, the strategy shall consider training that could be provided by the other United States Government training institutions, as well as nongovernmental educational institutions. The strategy shall consider approaches to overcome disincentives to pursuing long-term training.135 STAT. 2349
(c)Prioritization.—In order to provide the Civil and Foreign Service with the level of education and training needed to effectively advance United States interests across the globe, the Department of State should—(1) increase its offerings—(A) of virtual instruction to make training more accessible to personnel deployed throughout the world; or
(B)at partner organizations to provide useful outside perspectives to Department personnel;
(2)offer courses utilizing computer-based or assisted simulations, allowing civilian officers to lead decisionmaking in a crisis environment; and
(3)consider increasing the duration and expanding the focus of certain training courses, including—(A) the A-100 orientation course for Foreign Service officers, and
(B)the chief of mission course to more accurately reflect the significant responsibilities accompanying such role.
(d)Other Agency Responsibilities.—Other national security agencies should increase the enrollment of their personnel in courses at the Foreign Service Institute and other Department of State training facilities to promote a whole-of-government approach to mitigating national security challenges. SEC. 5109. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE OFFICERS. The Foreign Service Act of 1980 is amended—(1) in section 501 ([22 U.S.C. 3981](/us/usc/t22/s3981)), by inserting “If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309.” after “Positions designated under this section are excepted from the competitive service.”; and
(2)in paragraph
(2)of section 502(a) ([22 U.S.C. 3982(a)](/us/usc/t22/s3982/a)), by inserting “, or domestically, in a position working on issues relating to a particular country or geographic area,” after “geographic area”. SEC. 5110. REPORTING ON IMPLEMENTATION OF GAO RECOMMENDATIONS.(a) Initial Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented.
(b)Implementation Report.—(1) In general.—Not later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a).
(2)Justification.—The report under paragraph
(1)shall include—135 STAT. 2350(A) a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office;
(B)a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and
(C)an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b).
(c)Form.—The information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary. SEC. 5111. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND DETENTION OF U.S.-FLAG FISHING VESSELS BY FOREIGN GOVERNMENTS.(a) In General.—Subsection
(e)of section 7 of the Fishermen’s Protective Act of 1967 ([22 U.S.C. 1977](/us/usc/t22/s1977)) is amended to read as follows:"“(e) Amounts.—Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.” ".
(b)[22 USC 1977 note](/us/usc/t22/s1977).Retroactive Applicability.—(1) Effective date.—The amendment made by subsection
(a)shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection
(e)of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment.
(2)Agreements and payments.—The Secretary is authorized to—(A) enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection
(e)of such section, as in effect on the day before the date of the enactment of this Act; and
(B)make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act. SEC. 5112. ART IN EMBASSIES.(a) Consultation.Notification.In General.—No funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $37,500, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees.
(b)Time period.Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a report on the 135 STAT. 2351 costs of the Art in Embassies Program for each of fiscal years 2016 through 2020.
(c)Sunset.—This section shall terminate on the date that is 2 years after the date of the enactment of this Act.
(d)Definition.—In this section, the term “**art**” includes paintings, sculptures, photographs, industrial design, and craft art. SEC. 5113. INTERNATIONAL FAIRS AND EXPOSITIONS. There is authorized to be appropriated $20,000,000 for the Department of State for United States participation in international fairs and expositions abroad, including for construction and the operation of United States pavilions or other major exhibits. SEC. 5114. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.(a) Burma.—(1) [50 USC 1701 note](/us/usc/t50/s1701).In general.—[Section 570 of Public Law 104–208](/us/pl/104/208/s570) is amended—(A) by amending subsection
(c)to read as follows:"“(c) President.Coordination.Multilateral Strategy.—The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to—“(1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; “(2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; “(3) impose costs on the military junta; “(4) secure the unconditional release of all political prisoners in Burma; “(5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; “(6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; “(7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and “(8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma.” "; and
(B)in subsection (d)—(i) in the matter preceding paragraph (1), by striking “six months” and inserting “year”; and
(ii)by striking paragraphs
(1)through
(3)and inserting the following new paragraphs:"“(1) progress towards inclusive, democratic governance in Burma; “(2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; “(3) progress toward broad-based and inclusive economic growth; “(4) progress toward genuine national reconciliation; “(5) steps taken to impose costs on the military junta;135 STAT. 2352 “(6) progress made in advancing the strategy referred to in subsection (c); and “(7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma.” ".
(2)Applicability.[50 USC 1701 note](/us/usc/t50/s1701).Effective date.—The amendments made by paragraph
(1)shall take effect on the date of the enactment of this Act and apply with respect to the first report required under [subsection
(d)of section 570 of Public Law 104–208](/us/pl/104/208/s570/d) that is required after the date of the enactment of this Act.
(b)Repeals.—The following provisions of law are hereby repealed:(1) [Subsection
(b)of section 804 of Public Law 101–246](/us/pl/101/246/s804/b).
(2)[Section 6 of Public Law 104–45](/us/pl/104/45/s6).
(3)[Subsection
(c)of section 702 of Public Law 96–465](/us/pl/96/465/s702/c) ([22 U.S.C. 4022](/us/usc/t22/s4022)).
(4)Section 404 of the Arms Control and Disarmament Act ([22 U.S.C. 2593b](/us/usc/t22/s2593b)).
(5)[Section 5 of Public Law 94–304](/us/pl/94/304/s5) ([22 U.S.C. 3005](/us/usc/t22/s3005)).
(6)Subsection
(b)of section 502 of the International Security and Development Cooperation Act of 1985 ([22 U.S.C. 2349aa–7](/us/usc/t22/s2349aa–7)).
(c)Report to Congress.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the appropriate congressional committees a report that includes each of the following:(1) List.A list of all reports described in subsection
(d)required to be submitted by their respective agency.
(2)For each such report, a citation to the provision of law under which the report is required to be submitted.
(3)The reporting frequency of each such report.
(4)Cost estimate.The estimated cost of each report, to include personnel time costs.
(d)Covered Reports.—A report described in this subsection is a recurring report that is required to be submitted to Congress by the Department of State or the United States Agency for International Development, or by any officer, official, component, or element of each entity.
(e)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and the Committees on Appropriations of the Senate and the House of Representatives. TITLE LII—EMBASSY CONSTRUCTION Sec. 5201. Embassy security, construction, and maintenance. Sec. 5202. Standard design in capital construction. Sec. 5203. Capital construction transparency. Sec. 5204. Contractor performance information. Sec. 5205. Growth projections for new embassies and consulates. Sec. 5206. Long-range planning process. Sec. 5207. Value engineering and risk assessment. Sec. 5208. Business volume. Sec. 5209. Embassy security requests and deficiencies. Sec. 5210. Overseas security briefings. Sec. 5211. Contracting methods in capital construction.135 STAT. 2353 Sec. 5212. Competition in embassy construction. Sec. 5213. Statement of policy. Sec. 5214. Definitions. SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE. For “Embassy Security, Construction, and Maintenance”, there is authorized to be appropriated $1,983,149,000 for fiscal year 2022. SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.(a) Sense of Congress.—It is the sense of Congress that the Department’s Bureau of Overseas Building Operations
(OBO)or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum.
(b)Consultation.—The Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives. The Secretary shall provide the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives, for each such project, the following documentation:(1) Cost estimate.A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design.
(2)Estimate.A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design.
(3)A comparison of the security of the completed project to the security of such completed project if it were to use a standard design.
(4)A justification for the Secretary’s selection of a non-standard design over a standard design for such project.
(5)A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs
(1)through
(4)cannot be provided.
(c)Sunset.—The consultation requirement under subsection
(b)shall expire on the date that is 4 years after the date of the enactment of this Act. SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.(a) In General.—Section 118 of the Department of State Authorities Act, Fiscal Year 2017 ([22 U.S.C. 304](/us/usc/t22/s304)) is amended—(1) in the section heading , by striking “annual report on embassy construction costs” and inserting “biannual report on overseas capital construction projects”; and
(2)by striking subsections
(a)and
(b)and inserting the following new subsections:"“(a) Reports.Time period.In General.—Not later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive report regarding all ongoing 135 STAT. 2354 overseas capital construction projects and major embassy security upgrade projects. “(b) Contents.—Each report required under subsection
(a)shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project:“(1) Cost estimate.The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs. “(2) Cost estimate.The current cost estimate. “(3) The value of each request for equitable adjustment received by the Department to date. “(4) The value of each certified claim received by the Department to date. “(5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund. “(6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved. “(7) List.An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement. “(8) Estimate.Deadline.The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs. “(9) Estimate.The current date of estimated completion.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Department of State Authorities Act, Fiscal Year 2017 ([Public Law 114–323](/us/pl/114/323); [130 Stat. 1905](/us/stat/130/1905)) is amended by amending the item relating to section 118 to read as follows:" “Sec. 118. Biannual report on overseas capital construction projects.”. " SEC. 5204. Evaluations.CONTRACTOR PERFORMANCE INFORMATION.(a) Deadline for Completion.—The Secretary shall complete all contractor performance evaluations outstanding as of the date of the enactment of this Act required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate compounds by April 1, 2022.
(b)Prioritization System.—(1) Deadline.In general.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations referred to in subsection (a).
(2)Elements.—The system required under paragraph
(1)should prioritize the evaluations as follows:(A) Project completion evaluations should be prioritized over annual evaluations.
(B)Evaluations for relatively large contracts should have priority.135 STAT. 2355
(C)Evaluations that would be particularly informative for the awarding of government contracts should have priority.
(c)Deadline.Briefing.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by April 1, 2022, in accordance with subsection
(a)and the prioritization system developed pursuant to subsection (b).
(d)Sense of Congress.—It is the sense of Congress that—(1) contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and
(2)the Department should develop a forum where contractors can comment on the Department’s project management performance. SEC. 5205. [22 USC 305](/us/usc/t22/s305).GROWTH PROJECTIONS FOR NEW EMBASSIES AND CONSULATES.(a) In General.—For each new United States embassy compound
(NEC)and new consulate compound project
(NCC)in or not yet in the design phase as of the date of the enactment of this Act, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following:(1) Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed.
(2)An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable.
(3)Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue.
(4)Any other data that would be helpful in projecting the future growth of NEC or NCC.
(b)Other Federal Agencies.—The head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be.
(c)Basis for Estimates.—The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections
(a)and (b).
(d)Congressional Notification.—Any congressional notification of site selection for a NEC or NCC submitted after the date of the enactment of this Act shall include the growth assumption used pursuant to subsection (c). SEC. 5206. LONG-RANGE PLANNING PROCESS.(a) Plans Required.—(1) Deadline.In general.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the next five years as the Secretary of State considers appropriate, the Secretary shall develop—135 STAT. 2356
(A)a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and
(B)a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety.
(2)Initial report.—The first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence and with which the United States maintains diplomatic relations. Such report, which may include a classified annex, shall include the following:(A) A description of the extent to which each small diplomatic post furthers the national interest of the United States.
(B)A description of how each small diplomatic post provides American Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year.
(C)A description of whether each small diplomatic post meets current security requirements.
(D)A description of the full financial cost of maintaining each small diplomatic post.
(E)Input from the relevant chiefs of mission on any unique operational or policy value the small diplomatic post provides.
(F)Recommenda-tions.A recommendation of whether any small diplomatic posts should be closed.
(3)Updated information.—The annual updates of each of the plans developed pursuant to paragraph
(1)shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects.
(b)Reporting Requirements.—(1) Deadline.Submission of plans to congress.—Not later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives.
(2)Reference in budget justification materials.—In the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget 135 STAT. 2357 for any fiscal year (as submitted with the budget of the President under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a)), the plans required under subsection
(a)shall be referenced to justify funding requested for building and maintenance projects overseas.
(3)Form of report.—Each report required under paragraph
(1)shall be submitted in unclassified form but may include a classified annex.
(c)Small Diplomatic Post Defined.—In this section, the term “**small diplomatic post**” means any United States embassy or consulate that has employed five or fewer United States Government employees or contractors on average over the 36 months prior to the date of the enactment of this Act. SEC. 5207. [22 USC 292 note](/us/usc/t22/s292).VALUE ENGINEERING AND RISK ASSESSMENT.(a) Findings.—Congress makes the following findings:(1) Federal departments and agencies are required to use value engineering
(VE)as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013.
(2)OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects.
(b)Notification Requirements.—(1) Submission to authorizing committees.—Any notification that includes the allocation of capital construction and maintenance funds shall be submitted to the appropriate congressional committees.
(2)Requirement to confirm completion of value engineering and risk assessment studies.—The notifications required under paragraph
(1)shall include confirmation that the Department has completed the requisite VE and risk management process described in subsection (a), or applicable successor process.
(c)Reporting and Briefing Requirements.—The Secretary shall provide to the appropriate congressional committees upon request—(1) a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and
(2)a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented. SEC. 5208. BUSINESS VOLUME. Section 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ([22 U.S.C. 4852(c)(2)(E)](/us/usc/t22/s4852/c/2/E)) is amended by striking “in 3 years” and inserting “cumulatively over 3 years”. SEC. 5209. [22 USC 4851 note](/us/usc/t22/s4851).EMBASSY SECURITY REQUESTS AND DEFICIENCIES. The Secretary of State shall provide to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate upon request information on physical security deficiencies at United States diplomatic posts, including relating to the following:135 STAT. 2358(1) Requests made over the previous year by United States diplomatic posts for security upgrades.
(2)Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound. SEC. 5210. Deadline.[22 USC 4802 note](/us/usc/t22/s4802).OVERSEAS SECURITY BRIEFINGS. Not later than one year after the date of the enactment of this Act, the Secretary of State shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter. SEC. 5211. [22 USC 306](/us/usc/t22/s306).CONTRACTING METHODS IN CAPITAL CONSTRUCTION.(a) Notification.Delivery.—Unless the Secretary of State notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of the date of the enactment of this Act.
(b)Notification.—Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary of State shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees.
(c)Reports.Performance Evaluation.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s “Standards for Internal Control in the Federal Government” that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department. SEC. 5212. Reports.COMPETITION IN EMBASSY CONSTRUCTION. Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committee and the Committees on Appropriations of the Senate and the House of Representatives a report detailing steps the Department of State is taking to expand the embassy construction contractor base in order to increase competition and maximize value. SEC. 5213. [22 USC 292 note](/us/usc/t22/s292).STATEMENT OF POLICY. It is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 ([42 U.S.C. 4151 et seq.](/us/usc/t42/s4151/etseq)) to the fullest extent possible.135 STAT. 2359 SEC. 5214. [22 USC 306 note](/us/usc/t22/s306).DEFINITIONS. In this title:(1) Design-build.—The term “**design-build**” means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services.
(2)Non-standard design.—The term “**non-standard design**” means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be. TITLE LIII—PERSONNEL ISSUES Sec. 5301. Defense Base Act insurance waivers. Sec. 5302. Study on Foreign Service allowances. Sec. 5303. Science and technology fellowships. Sec. 5304. Travel for separated families. Sec. 5305. Home leave travel for separated families. Sec. 5306. Sense of Congress regarding certain fellowship programs. Sec. 5307. Technical correction. Sec. 5308. Foreign Service awards. Sec. 5309. Workforce actions. Sec. 5310. Sense of Congress regarding veterans employment at the Department of State. Sec. 5311. Employee assignment restrictions and preclusions. Sec. 5312. Recall and reemployment of career members. Sec. 5313. Strategic staffing plan for the Department of State. Sec. 5314. Consulting services. Sec. 5315. Incentives for critical posts. Sec. 5316. Extension of authority for certain accountability review boards. Sec. 5317. Foreign Service suspension without pay. Sec. 5318. Foreign Affairs Manual and Foreign Affairs Handbook changes. Sec. 5319. Waiver authority for individual occupational requirements of certain positions. Sec. 5320. Appointment of employees to the Global Engagement Center. Sec. 5321. Competitive status for certain employees hired by Inspectors General to support the lead IG mission. Sec. 5322. Report relating to Foreign Service Officer training and development. Sec. 5323. Cooperation with Office of the Inspector General. Sec. 5324. Information on educational opportunities for children with special education needs consistent with the Individuals with Disabilities Education Act. Sec. 5325. Implementation of gap memorandum in selection board process. SEC. 5301. Deadlines.DEFENSE BASE ACT INSURANCE WAIVERS.(a) Application for Waivers.—Not later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act ([42 U.S.C. 1651 et seq.](/us/usc/t42/s1651/etseq)) for all countries with respect to which the requirement was waived prior to January 2017, and for which there is not currently a waiver.
(b)Certification Requirement.—Not later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection
(a)has been met. SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.(a) Report Required.—(1) Analysis.In general.—Not later than one year after date of the enactment of this Act, the Secretary shall submit to the 135 STAT. 2360 appropriate congressional committees a report detailing an empirical analysis on the effect of overseas allowances on the foreign assignment of Foreign Service officers (FSOs), to be conducted by a federally-funded research and development center with appropriate expertise in labor economics and military compensation.
(2)Contents.—The analysis required under paragraph
(1)shall—(A) identify all allowances paid to FSOs assigned permanently or on temporary duty to foreign areas;
(B)Examination.Determination.examine the efficiency of the Foreign Service bidding system in determining foreign assignments;
(C)Examination.examine the factors that incentivize FSOs to bid on particular assignments, including danger levels and hardship conditions;
(D)Examination.examine the Department’s strategy and process for incentivizing FSOs to bid on assignments that are historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand;
(E)make any relevant comparisons to military compensation and allowances, noting which allowances are shared or based on the same regulations;
(F)Recommenda-tions.recommend options for restructuring allowances to improve the efficiency of the assignments system and better align FSO incentives with the needs of the Foreign Service, including any cost savings associated with such restructuring;
(G)Recommenda-tions.recommend any statutory changes necessary to implement subparagraph (F), such as consolidating existing legal authorities for the provision of hardship and danger pay; and
(H)Consultation.detail any effects of recommendations made pursuant to subparagraphs
(F)and
(G)on other United States Government departments and agencies with civilian employees permanently assigned or on temporary duty in foreign areas, following consultation with such departments and agencies.
(b)Deadline.Briefing Requirement.—Before initiating the analysis required under subsection (a)(1), and not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a briefing on the implementation of this section that includes the following:(1) The name of the federally funded research and development center that will conduct such analysis.
(2)The scope of such analysis and terms of reference for such analysis as specified between the Department and such federally funded research and development center.
(c)Availability of Information.—(1) Data.In general.—The Secretary shall make available to the federally-funded research and development center carrying out the analysis required under subsection (a)(1) all necessary and relevant information to allow such center to conduct such analysis in a quantitative and analytical manner, including historical data on the number of bids for each foreign assignment and any survey data collected by the Department from eligible bidders on their bid decision-making.135 STAT. 2361
(2)Cooperation.—The Secretary shall work with the heads of other relevant United States Government departments and agencies to ensure such departments and agencies provide all necessary and relevant information to the federally-funded research and development center carrying out the analysis required under subsection (a)(1).
(d)Requirement.Interim Report to Congress.—The Secretary shall require that the chief executive officer of the federally-funded research and development center that carries out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interim report on such analysis not later than 180 days after the date of the enactment of this Act. SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS. Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ([22 U.S.C. 2656d](/us/usc/t22/s2656d)) is amended by adding at the end the following new subsection:"“(e) Contracts.Grants and Cooperative Agreements Related to Science and Technology Fellowship Programs.—“(1) In general.—The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows. “(2) Exclusion from consideration as compensation.—Stipends under paragraph
(1)shall not be considered compensation for purposes of [section 209 of title 18, United States Code](/us/usc/t18/s209). “(3) Maximum annual amount.—The total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year.” ". SEC. 5304. TRAVEL FOR SEPARATED FAMILIES. Section 901(15) of the Foreign Service Act of 1980 ([22 U.S.C. 4081(15)](/us/usc/t22/s4081/15)) is amended—(1) in the matter preceding subparagraph (A), by striking “1 round-trip per year for each child below age 21 of a member of the Service assigned abroad” and inserting “in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year”;
(2)in subparagraph (A)—(A) by inserting “for each child” before “to visit the member abroad”; and
(B)by striking “; or” and inserting a comma;
(3)in subparagraph (B)—(A) by inserting “for each child” before “to visit the other parent”; and
(B)by inserting “or” after “resides,”;
(4)by inserting after subparagraph
(B)the following new subparagraph:"“(C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under [section 5924(4) of title 5, United States Code](/us/usc/t5/s5924/4),” "; and135 STAT. 2362
(5)in the matter following subparagraph (C), as added by paragraph
(4)of this section, by striking “a payment” and inserting “the cost of round-trip travel”. SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES. Section 903(b) of the Foreign Service Act of 1980 ([22 U.S.C. 4083(b)](/us/usc/t22/s4083/b)) is amended by adding at the end the following new sentence: “In cases in which a member of the Service has official orders to an unaccompanied post and in which the family members of the member reside apart from the member at authorized locations outside the United States, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding [section 10305 of title 5, United States Code](/us/usc/t5/s10305).”. SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP PROGRAMS. It is the sense of Congress that Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a strong, capable, and representative national security workforce. SEC. 5307. TECHNICAL CORRECTION. Subparagraph
(A)of section 601(c)(6) of the Foreign Service Act of 1980 ([22 U.S.C. 4001(c)(6)](/us/usc/t22/s4001/c/6)) is amended, in the matter preceding clause (i), by—(1) striking “promotion” and inserting “promotion, on or after January 1, 2017,”; and
(2)striking “individual joining the Service on or after January 1, 2017,” and inserting “Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service”. SEC. 5308. FOREIGN SERVICE AWARDS.(a) In General.—Section 614 of the Foreign Service Act of 1980 ([22 U.S.C. 4013](/us/usc/t22/s4013)) is amended—(1) by amending the section heading to read as follows: “department awards”; and
(2)in the first sentence, by inserting “or Civil Service” after “the Service”.
(b)Conforming Amendment.—The item relating to section 614 in the table of contents of the Foreign Service Act of 1980 is amended to read as follows:" “Sec. 614. Department awards.”. " SEC. 5309. WORKFORCE ACTIONS.(a) Sense of Congress on Workforce Recruitment.—It is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous 135 STAT. 2363 recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms.
(b)Limitation.—The Secretary should not implement any reduction-in-force action under section 3502 or 3595 of [title 5, United States Code](/us/usc/t5), or for any incentive payments for early separation or retirement under any other provision of law unless—(1) the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and
(2)the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including—(A) a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department;
(B)a certification that such workforce reduction is in the national interest of the United States;
(C)a comprehensive strategic staffing plan for the Department, including 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and
(D)a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by—(i) Foreign Service officer and Foreign Service specialist rank;
(ii)civil service job skill code, grade level, and bureau of assignment;
(iii)contracted employees, including the equivalent job skill code and bureau of assignment; and
(iv)employees hired under schedule C of [subpart C of part 213 of title 5, Code of Federal Regulations](/us/cfr/t5/pt213/sptC), including their equivalent grade and job skill code and bureau of assignment. SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT THE DEPARTMENT OF STATE. It is the sense of Congress that—(1) the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign Service Act of 1980 ([22 U.S.C. 3941](/us/usc/t22/s3941)), as amended by section 10406 of this Act, including those veterans belonging to traditionally underrepresented groups at the Department;
(2)veterans employed by the Department have made significant contributions to United States foreign policy in a variety of regional and global affairs bureaus and diplomatic posts overseas; and
(3)the Department should continue to encourage veteran employment and facilitate their participation in the workforce. SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.(a) Sense of Congress.—It is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions.135 STAT. 2364
(b)Appeal of Assignment Restriction or Preclusion.—Subsection
(a)of section 414 of the Department of State Authorities Act, Fiscal Year 2017 ([22 U.S.C. 2734c(a)](/us/usc/t22/s2734c/a)) is amended by adding at the end the following new sentences: “Such right and process shall ensure that any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. AnyDeadline. such appeal shall be resolved not later than 60 days after such appeal is filed.”.
(c)Deadline.Applicability.[22 USC 2734c note](/us/usc/t22/s2734c).Notice and Certification.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee.
(d)[22 USC 2734e](/us/usc/t22/s2734e).Annual Report.—Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that contains the following:(1) A rationale for the use of assignment restrictions by the Department of State, including specific case studies related to cleared United States Foreign Service and civil service employees of the Department that demonstrate country-specific restrictions serve a counterintelligence role beyond that which is already covered by the security clearance process.
(2)The number of such Department employees subject to assignment restrictions over the previous year, with data disaggregated by—(A) identification as a Foreign Service officer, civil service employee, eligible family member, or other employment status;
(B)the ethnicity, national origin, and race of the precluded employee;
(C)gender; and
(D)the country of restriction.
(3)A description of the considerations and criteria used by the Bureau of Diplomatic Security to determine whether an assignment restriction is warranted.
(4)The number of restrictions that were appealed and the success rate of such appeals.
(5)The impact of assignment restrictions in terms of unused language skills as measured by Foreign Service Institute language scores of such precluded employees.
(6)Measures taken to ensure the diversity of adjudicators and contracted investigators, with accompanying data on results. SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.(a) Sense of Congress.—It is the sense of Congress that—(1) career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the 135 STAT. 2365 successful development and execution of United States foreign policy; and
(2)reemployment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department.
(b)Notice of Employment Opportunities.—[Title 5, United States Code](/us/usc/t5), is amended by inserting after chapter 102 the following new chapter:"“CHAPTER 103—DEPARTMENT[5 USC ](/us/usc/t5)prec. 10301. OF STATE “Sec. “10301. Notice of employment opportunities for Department of State and USAID positions. “10302. Consulting services for the Department of State. “§ 10301.[5 USC 10301](/us/usc/t5/s10301). Notice of employment opportunities for Department of State and USAID positions “To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.” ".
(c)Clerical Amendment.—The table of chapters at the beginning of [title 5, United States Code](/us/usc/t5),[5 USC ](/us/usc/t5)prec. 2101. is amended by inserting after the item relating to chapter 102 the following:" **“103. ** **Department of State** **10301.”.** " SEC. 5313. [22 USC 2734f](/us/usc/t22/s2734f).STRATEGIC STAFFING PLAN FOR THE DEPARTMENT OF STATE.(a) Deadline.Time period.Recommenda-tions.In General.—Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees and the Committees on Appropriations of the Senate and the House of Representatives a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following:(1) Data.A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by—(A) Foreign Service officer and Foreign Service specialist rank;
(B)civil service job skill code, grade level, and bureau of assignment;
(C)contracted employees, including the equivalent job skill code and bureau of assignment;135 STAT. 2366
(D)employees hired under schedule C of [subpart C of part 213 of title 5, Code of Federal Regulations](/us/cfr/t5/pt213/sptC), including the equivalent grade and job skill code and bureau of assignment of such employee; and
(E)overseas region.
(2)Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations.
(3)Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations.
(b)Updates.Maintenance.—The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis.
(c)Consultation.—The Secretary shall lead the development of the plan required under subsection
(a)but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce.
(d)Report.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220. SEC. 5314. CONSULTING SERVICES.(a) In General.—[Chapter 103 of title 5, United States Code](/us/usc/t5/ch103), as added by section 10312, is amended by adding at the end the following:"“§ 10302.[5 USC 10302](/us/usc/t5/s10302). Consulting services for the Department of State “AnyContracts. consulting service obtained by the Department of State through procurement contract pursuant to [section 3109 of title 5, United States Code](/us/usc/t5/s3109), shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.” ".
(b)Clerical Amendment.—The table of sections for [chapter 103 of title 5, United States Code](/us/usc/t5/ch103), as added by section 10312(b) of this Act, is amended by adding after the item relating to [section 10301 of title 5, United States Code](/us/usc/t5/s10301), the following new item:" “10302. Consulting services for the Department of State.”. " SEC. 5315. [5 USC 5753 note](/us/usc/t5/s5753).INCENTIVES FOR CRITICAL POSTS. Section 1115(d) of the Supplemental Appropriations Act, 2009 ([Public Law 111–32](/us/pl/111/32)) is amended by striking the last sentence. SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY REVIEW BOARDS. Section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ([22 U.S.C. 4831(a)(3)](/us/usc/t22/s4831/a/3)) is amended—(1) in the heading, by striking “afghanistan and” and inserting “afghanistan, yemen, syria, and”; and
(2)in subparagraph (A)—(A) in clause (i), by striking “Afghanistan or” and inserting “Afghanistan, Yemen, Syria, or”; and135 STAT. 2367
(B)in clause (ii), by striking “beginning on October 1, 2005, and ending on September 30, 2009” and inserting “beginning on October 1, 2020, and ending on September 30, 2022”. SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY. Subsection
(c)of section 610 of the Foreign Service Act of 1980 ([22 U.S.C. 4010](/us/usc/t22/s4010)) is amended—(1) in paragraph (1), in the matter preceding subparagraph (A), by striking “suspend” and inserting “indefinitely suspend without duties”;
(2)by redesignating paragraph
(5)as paragraph (7);
(3)by inserting after paragraph
(4)the following new paragraphs:"“(5) Reports.For each member of the Service suspended under paragraph (1)(A) whose security clearance remains suspended for more than one calendar year, not later than 30 days after the end of such calendar year, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons relating to the duration of each such suspension. “(6) Any member of the Service suspended under paragraph (1)(B) may be suspended without pay only after a final written decision is provided to such member pursuant to paragraph (2).” "; and
(4)in paragraph (7), as so redesignated—(A) by striking “this subsection” and all that follows through “The term” in subparagraph
(A)and inserting “this subsection, the term”;
(B)by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively, and moving such subparagraphs 2 ems to the left; and
(C)by striking subparagraph
(B)(relating to the definition of “suspend” and “suspension”). SEC. 5318. [22 USC 2658a](/us/usc/t22/s2658a).FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS HANDBOOK CHANGES.(a) Applicability.—The Foreign Affairs Manual and the Foreign Affairs Handbook apply with equal force and effect and without exception to all Department of State personnel, including the Secretary of State, Department employees, and political appointees, regardless of an individual’s status as a Foreign Service officer, Civil Service employee, or political appointee hired under any legal authority.
(b)Deadline.Certification.—Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a certification in unclassified form that the applicability described in subsection
(a)has been communicated to all Department personnel, including the personnel referred to in such subsection.
(c)Report.—(1) Time period.In general.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all significant changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook.135 STAT. 2368
(2)Covered periods.—The first report required under paragraph
(1)shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission.
(3)Contents.—Each report required under paragraph
(1)shall contain the following:(A) The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made.
(B)The statutory basis for each such change, as applicable.
(C)A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change.
(D)Summary.A summary of such changes displayed in spreadsheet form. SEC. 5319. [22 USC 2651a note](/us/usc/t22/s2651a).WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL REQUIREMENTS OF CERTAIN POSITIONS. The SecretaryDetermination. of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience.Notification. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements. SEC. 5320. Time period.[22 USC 2656 note](/us/usc/t22/s2656).APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT CENTER. The Secretary may appoint, for a 3-year period that may be extended for up to an additional 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of [title 5, United States Code](/us/usc/t5), governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title. SEC. 5321. COMPETITIVE STATUS FOR CERTAIN EMPLOYEES HIRED BY INSPECTORS GENERAL TO SUPPORT THE LEAD IG MISSION. Subparagraph
(A)of section 8L(d)(5)(A) of the Inspector General Act of 1978 ([5 U.S.C. App.](/us/usc/t5/app)) is amended by striking “a lead Inspector General for” and inserting “any of the Inspectors General specified in subsection
(c)for oversight of”. SEC. 5322. REPORT RELATING TO FOREIGN SERVICE OFFICER TRAINING AND DEVELOPMENT.(a) In General.—Not later than 270 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report on fellowships or details for Department of State Foreign Service generalists at—(1) the Department of Defense;135 STAT. 2369
(2)United States intelligence agencies; and
(3)congressional offices or committees.
(b)Elements.—The report required by subsection
(a)shall include the following elements:(1) The number of Senior Foreign Service Officer generalists who, as of the date of the enactment of this Act, have done a tour of at least one year in any of the agencies or congressional committees described in subsection (a).
(2)The total number of senior Foreign Service Officer generalists as of the date of the enactment of this Act.
(3)The average number of Senior Foreign Service Officer generalists inducted annually during the 10 years preceding the date of the enactment of this Act.
(4)The total number of Department advisors stationed in any of the agencies or congressional offices described in subsection (a), including the agencies or offices in which such advisors serve.
(5)The total number of advisors from other United States Government agencies stationed in the Department of State (excluding defense attaches, senior defense officials, and other Department of Defense personnel stationed in United States missions abroad), the home agency of the advisor, and the offices in which such advisors serve.
(c)Educational Exclusion.—For the purposes of the report required under subsection (a), educational programs shall not be included. SEC. 5323. [22 USC 3929b](/us/usc/t22/s3929b).COOPERATION WITH OFFICE OF THE INSPECTOR GENERAL.(a) Notification.Deadline.Administrative Discipline.—Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political appointees, and shall consider updating the Foreign Affairs Manual and the Foreign Affairs Handbook to explicitly specify, that if any of such personnel does not comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General of the Department, such personnel may be subject to appropriate administrative discipline including, when circumstances warrant, suspension without pay or removal.
(b)Report.—(1) In general.—Not later than 180 days after the date of the enactment of this Act and on a quarterly basis thereafter, the Office of the Inspector General of the Department of State and the United States Agency for Global Media shall submit to the appropriate congressional committees and the Secretary of State a report in unclassified form detailing the following:(A) Compliance.The number of individuals who have failed to comply within 60 days with a request for an interview or access to documents from the Office of the Inspector General pertaining to a noncriminal matter.
(B)The date on which such requests were initially made.
(C)Any extension of time that was voluntarily granted to such individual by the Office of the Inspector General.135 STAT. 2370
(D)The general subject matters regarding which the Office of the Inspector General has requested of such individuals.
(2)Form.—Additional information pertaining solely to the subject matter of a request described in paragraph
(1)may be provided in a supplemental classified annex, if necessary, but all other information required by the reports required under such paragraph shall be provided in unclassified form. SEC. 5324. Deadline.Update.List.[22 USC 2460 note](/us/usc/t22/s2460).INFORMATION ON EDUCATIONAL OPPORTUNITIES FOR CHILDREN WITH SPECIAL EDUCATION NEEDS CONSISTENT WITH THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Not later than March 31, 2022, and annually thereafter, the Director of the Office of Overseas Schools of the Department of State shall maintain and update a list of overseas schools receiving assistance from the Office and detailing the extent to which each such school provides special education and related services to children with disabilities in accordance with part B of the Individuals with Disabilities Education Act ([20 U.S.C. 1411 et seq.](/us/usc/t20/s1411/etseq)).Public information.Web posting. Each list required under this section shall be posted on the public website of the Office for access by members of the Foreign Service, the Senior Foreign Service, and their eligible family members. SEC. 5325. IMPLEMENTATION OF GAP MEMORANDUM IN SELECTION BOARD PROCESS.(a) In General.—Section 603 of the Foreign Service Act of 1980 ([22 U.S.C. 4003](/us/usc/t22/s4003)) is amended by adding at the end the following new subsection:"“(c)(1) A member of the Service or member of the Senior Foreign Service whose performance will be evaluated by a selection board may submit to such selection board a gap memo in advance of such evaluation. “(2) Members of a selection board may not consider as negative the submission of a gap memo by a member described in paragraph
(1)when evaluating the performance of such member. “(3) Definition.Records.Consultation.Determination.In this subsection, the term ‘**gap memo**’ means a written record, submitted to a selection board in a standard format established by the Director General of the Foreign Service, which indicates and explains a gap in the record of a member of the Service or member of the Senior Foreign Service whose performance will be evaluated by such selection board, which gap is due to personal circumstances, including for health, family, or other reason as determined by the Director General in consultation with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.” ".
(b)[22 USC 4003 note](/us/usc/t22/s4003).Deadline.Consultation and Guidance.—(1) Consultation.—Not later than 30 days after the date of the enactment of this Act, the Director General of the Foreign Service shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the development of the gap memo under subsection
(c)of section 603 of the Foreign Service Act of 1980 ([22 U.S.C. 4003](/us/usc/t22/s4003)), as added by subsection
(a)of this section.
(2)Definition.—In this subsection, the term “**gap memo**” has the meaning given such term in subsection
(c)of section 135 STAT. 2371 603 of the Foreign Service Act of 1980 ([22 U.S.C. 4003](/us/usc/t22/s4003)), as added by subsection
(a)of this section. TITLE LIV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION Sec. 5401. Definitions. Sec. 5402. Exit interviews for workforce. Sec. 5403. Recruitment and retention. Sec. 5404. Leadership engagement and accountability. Sec. 5405. Professional development opportunities and tools. Sec. 5406. Examination and oral assessment for the Foreign Service. Sec. 5407. Payne fellowship authorization. Sec. 5408. Voluntary participation. SEC. 5401. [22 USC 2736 note](/us/usc/t22/s2736).DEFINITIONS. In this title:(1) Applicant flow data.—The term “**applicant flow data**” means data that tracks the rate of applications for job positions among demographic categories.
(2)Demographic data.—The term “**demographic data**” means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity” ([81 Fed. Reg. 67398](/us/fr/81/67398)).
(3)Diversity.—The term “**diversity**” means those classes of persons protected under the Civil Rights Act of 1964 ([42 U.S.C. 2000a et seq.](/us/usc/t42/s2000a/etseq)) and the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101 et seq.](/us/usc/t42/s12101/etseq)).
(4)Workforce.—The term “**workforce**” means—(A) individuals serving in a position in the civil service (as defined in [section 2101 of title 5, United States Code](/us/usc/t5/s2101));
(B)individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ([22 U.S.C. 3902](/us/usc/t22/s3902)));
(C)all individuals serving under a personal services contract;
(D)all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980; or
(E)individuals other than Locally Employed Staff working in the Department of State under any other authority. SEC. 5402. [22 USC 2736](/us/usc/t22/s2736).EXIT INTERVIEWS FOR WORKFORCE.(a) Retained Members.—The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department—(1) to understand the reasons of individuals in such workforce for remaining in a position in the Department; and
(2)to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department.135 STAT. 2372
(b)Departing Members.—The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service.
(c)Determination.Use of Analysis From Interviews.—The Director General of the Foreign Service and the Director of the Bureau of Human Resources or its equivalent shall analyze demographic data and other information obtained through interviews under subsections
(a)and
(b)to determine to what extent, if any, the diversity of those participating in such interviews impacts the results.
(d)Tracking Data.—The Department shall—(1) track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs;
(2)Evaluation.annually evaluate such data—(A) to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and
(B)to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and
(3)actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs. SEC. 5403. [22 USC 2736a](/us/usc/t22/s2736a).RECRUITMENT AND RETENTION.(a) In General.—The Secretary shall—(1) continue to seek a diverse and talented pool of applicants; and
(2)Plan.instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations.
(b)Scope.—The diversity recruitment initiatives described in subsection
(a)shall include—(1) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
(2)placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups;
(3)sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
(4)providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention;
(5)expanding the use of paid internships; and
(6)cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.
(c)Expand Training on Anti-harassment and Anti-discrimination.—135 STAT. 2373
(1)In general.—The Secretary shall, through the Foreign Service Institute and other educational and training opportunities—(A) ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias;
(B)expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and
(C)make such expanded training mandatory for—(i) individuals in senior and supervisory positions;
(ii)individuals having responsibilities related to recruitment, retention, or promotion of employees; and
(iii)any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis.
(2)Best practices.—The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection. SEC. 5404. [22 USC 2736b](/us/usc/t22/s2736b).LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.(a) Reward and Recognize Efforts to Promote Diversity and Inclusion.—(1) Requirements.In general.—The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities.
(2)Outreach events.—The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups.
(b)External Advisory Committees and Boards.—For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization. SEC. 5405. [22 USC 2736c](/us/usc/t22/s2736c).PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.(a) Expand Provision of Professional Development and Career Advancement Opportunities.—(1) In general.—The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as—(A) academic programs;
(B)private-public exchanges; and135 STAT. 2374
(C)detail assignments to relevant positions in—(i) private or international organizations;
(ii)State, local, and Tribal governments;
(iii)other branches of the Federal Government; or
(iv)professional schools of international affairs.
(2)Training for senior positions.—(A) In general.—The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department.
(B)Determination.Requirements.—In determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall—(i) ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of [subpart C of part 412 of title 5, Code of Federal Regulations](/us/cfr/t5/pt412/sptC), or any successor thereto, including merit staffing and assessment requirements;
(ii)consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;
(iii)understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and
(iv)actively encourage participation from a range of demographic categories, especially from categories with consistently low participation. SEC. 5406. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN SERVICE.(a) Sense of Congress.—It is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered.
(b)Foreign Service Examinations.—Section 301(b) of the Foreign Service Act of 1980 ([22 U.S.C. 3941](/us/usc/t22/s3941)) is amended—(1) by striking “The Secretary” and inserting: “(1) The Secretary”; and
(2)by adding at the end the following new paragraph:"“(2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph
(1)in cities, chosen on a rotating basis, located in at least three different time zones across the United States.” ". SEC. 5407. [22 USC 2736d](/us/usc/t22/s2736d).PAYNE FELLOWSHIP AUTHORIZATION.(a) In General.—Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with 135 STAT. 2375 an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds.
(b)Review of Past Programs.—The Secretary shall review past programs designed to increase minority representation in international affairs positions. SEC. 5408. [22 USC 2736e](/us/usc/t22/s2736e).VOLUNTARY PARTICIPATION.(a) In General.—Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary.
(b)Privacy Protection.—Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. TITLE LV—INFORMATION SECURITY Sec. 5501. Definitions. Sec. 5502. List of certain telecommunications providers. Sec. 5503. Preserving records of electronic communications. Sec. 5504. Foreign Relations of the United States
(FRUS)series and declassification. SEC. 5501. [22 USC 2679e](/us/usc/t22/s2679e).DEFINITIONS. In this title:(1) Intelligence community.—The term “**intelligence community**” has the meaning given such term in section 3(4) of the National Security Act of 1947 ([50 U.S.C. 3003(4)](/us/usc/t50/s3003/4)).
(2)Relevant congressional committees.—The term “**relevant congressional committees**” means—(A) the appropriate congressional committees;
(B)the Select Committee on Intelligence of the Senate; and
(C)the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 5502. [22 USC 2679e](/us/usc/t22/s2679e).LIST OF CERTAIN TELECOMMUNICATIONS PROVIDERS.(a) Deadlines.Consultation.Updates.Contracts.List of Covered Contractors.—Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts.Time periods.Records. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list.
(b)Covered Contractor Defined.—In this section, the term “**covered contractor**” means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against—135 STAT. 2376(1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or
(2)individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights. SEC. 5503. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS.(a) Sense of Congress.—It is the sense of Congress that all officers and employees of the Department and the United States Agency for International Development are obligated under [chapter 31 of title 44, United States Code](/us/usc/t44/ch31) (popularly referred to as the Federal Records Act of 1950), to create and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions or operations of the Department and United States embassies, consulates, and missions abroad, including records of official communications with foreign government officials or other foreign entities.
(b)Deadline.Certification.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a certification in unclassified form that the Secretary has communicated to all Department personnel, including the Secretary of State and all political appointees, that such personnel are obligated under [chapter 31 of title 44, United States Code](/us/usc/t44/ch31), to treat electronic messaging systems, software, and applications as equivalent to electronic mail for the purpose of identifying Federal records. SEC. 5504. FOREIGN RELATIONS OF THE UNITED STATES
(FRUS)SERIES AND DECLASSIFICATION. The State Department Basic Authorities Act of 1956 is amended—(1) in section 402(a)(2) ([22 U.S.C. 4352(a)(2)](/us/usc/t22/s4352/a/2)), by striking “26” and inserting “20”; and
(2)in section 404(a)(1) ([22 U.S.C. 4354(a)(1)](/us/usc/t22/s4354/a/1), by striking “30”and inserting “25”. TITLE LVI—PUBLICPublic Diplomacy Modernization Act of 2021. DIPLOMACY Sec. 5601. Short title. Sec. 5602. Avoiding duplication of programs and efforts. Sec. 5603. Improving research and evaluation of public diplomacy. Sec. 5604. Permanent reauthorization of the United States Advisory Commission on Public Diplomacy. Sec. 5605. Streamlining of support functions. Sec. 5606. Guidance for closure of public diplomacy facilities. Sec. 5607. Definitions. 135 STAT. 2377 SEC. 5601. [22 USC 2651 note](/us/usc/t22/s2651).SHORT TITLE. This title may be cited as the “Public Diplomacy Modernization Act of 2021”. SEC. 5602. [22 USC 2732a](/us/usc/t22/s2732a).AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS. The Secretary shall—(1) identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and
(2)maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping. SEC. 5603. [22 USC 2732b](/us/usc/t22/s2732b).IMPROVING RESEARCH AND EVALUATION OF PUBLIC DIPLOMACY.(a) Research and Evaluation Activities.—The Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall—(1) conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and
(2)make available to Congress the findings of the research and evaluations conducted under paragraph (1).
(b)Director of Research and Evaluation.—(1) Deadline.Appointment.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the “Director”) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department.
(2)Limitation on appointment.—The appointment of the Director pursuant to paragraph
(1)shall not result in an increase in the overall full-time equivalent positions within the Department.
(3)Responsibilities.—The Director shall—(A) coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to—(i) improve public diplomacy strategies and tactics; and
(ii)ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences;
(B)routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department;
(C)support United States diplomatic posts’ public affairs sections;
(D)share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies;
(E)regularly design and coordinate standardized research questions, methodologies, and procedures to 135 STAT. 2378 ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and
(F)Reports.Time period.report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices.
(4)Deadline.Guidance and training.—Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department.
(c)Prioritizing Research and Evaluation.—(1) In general.—The head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department.
(2)Allocation of resources.—Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection
(b)shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department.
(3)Sense of congress.—It is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings “Educational and Cultural Exchange Programs” and “Diplomatic Programs” for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection
(b)to a percentage of program funds that is commensurate with Federal Government best practices.
(d)Limited Exemption Relating to the Paperwork Reduction Act.—[Chapter 35 of title 44, United States Code](/us/usc/t44/ch35) (commonly known as the “Paperwork Reduction Act”) shall not apply to the collection of information directed at any individuals conducted by, or on behalf of, the Department of State for the purpose of audience research, monitoring, and evaluations, and in connection with the Department’s activities conducted pursuant to any of the following:(1) The Mutual Educational and Cultural Exchange Act of 1961 ([22 U.S.C. 2451 et seq.](/us/usc/t22/s2451/etseq)).
(2)Section 1287 of the National Defense Authorization Act for Fiscal Year 2017 ([Public Law 114–328](/us/pl/114/328); [22 U.S.C. 2656 note](/us/usc/t22/s2656)).
(3)The Foreign Assistance Act of 1961 ([22 U.S.C. 2151 et seq.](/us/usc/t22/s2151/etseq)).
(e)Limited Exemption Relating to the Privacy Act.—135 STAT. 2379
(1)Records.In general.—The Department shall maintain, collect, use, and disseminate records (as such term is defined in [section 552a(a)(4) of title 5, United States Code](/us/usc/t5/s552a/a/4)) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences.
(2)Conditions.—Audience research, digital analytics, and impact evaluations under paragraph
(1)shall be—(A) reasonably tailored to meet the purposes of this subsection; and
(B)carried out with due regard for privacy and civil liberties guidance and oversight.
(f)United States Advisory Commission on Public Diplomacy.—(1) Establishment.Subcommittee for research and evaluation.—The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media.
(2)Annual report.—The Subcommittee on Research and Evaluation established pursuant to paragraph
(1)shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph
(1)and any findings made as a result of such actions. SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ([22 U.S.C. 6553](/us/usc/t22/s6553)) is amended—(1) in the section heading, by striking “sunset” and inserting “continuation”; and
(2)by striking “until October 1, 2021”. SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.(a) Deadline.Working Group Established.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department.
(b)Deadline.Plan.Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a). SEC. 5606. [22 USC 1475g note](/us/usc/t22/s1475g).GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.(a) Deadline.Guidelines.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the 135 STAT. 2380 construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ([22 U.S.C. 4865 et seq.](/us/usc/t22/s4865/etseq)).
(b)Notifications.Requirements.—The guidelines required by subsection
(a)shall include the following:(1) Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements.
(2)Assessment.Recommenda-tions.An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection
(a)is closed or staff is co-located in accordance with such Act.
(3)A process by which assessments and recommendations under paragraph
(2)are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department.
(4)Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act.
(c)Recommenda-tions.Report.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection
(a)and any recommendations for any modifications to such guidelines. SEC. 5607. [22 USC 2732a note](/us/usc/t22/s2732a).DEFINITIONS. In this title:(1) Audience research.—The term “**audience research**” means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments.
(2)Digital analytics.—The term “**digital analytics**” means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign.
(3)Impact evaluation.—The term “**impact evaluation**” means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign.
(4)Public diplomacy bureaus and offices.—The term “**public diplomacy bureaus and offices**” means, with respect to the Department, the following:(A) The Bureau of Educational and Cultural Affairs.
(B)The Bureau of Global Public Affairs.
(C)The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs.
(D)The Global Engagement Center.
(E)The public diplomacy functions within the regional and functional bureaus.135 STAT. 2381 TITLE LVII—OTHER MATTERS Sec. 5701. Limitation on assistance to countries in default. Sec. 5702. Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment. Sec. 5703. Chief of mission concurrence. Sec. 5704. Report on efforts of the Coronavirus Repatriation Task Force. SEC. 5701. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT. Section 620(q) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2370(q)](/us/usc/t22/s2370/q)) is amended—(1) by striking “No assistance” and inserting the following:"“(1) No assistance” ";
(2)by inserting “the government of” before “any country”;
(3)by inserting “the government of” before “such country” each place it appears;
(4)Determination.Consultation.by striking “determines” and all that follows and inserting “determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States.”; and
(5)by adding at the end the following new paragraph:"“(2) Time period.President.Determination.Consultation.No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.” ". SEC. 5702. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION AND RETURN ACT OF 2014 AMENDMENT. Subsection
(b)of section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 ([22 U.S.C. 9111](/us/usc/t22/s9111); [Public Law 113–150](/us/pl/113/150)) is amended—(1) in paragraph (2)—(A) in subparagraph (A)—(i) by inserting “, respectively,” after “access cases”; and
(ii)by inserting “and the number of children involved” before the semicolon at the end; and
(B)in subparagraph (D), by inserting “respectively, the number of children involved,” after “access cases,”;
(2)in paragraph (7), by inserting “, and number of children involved in such cases” before the semicolon at the end;
(3)in paragraph (8), by striking “and” after the semicolon at the end;
(4)in paragraph (9), by striking the period at the end and inserting “; and”; and
(5)by adding at the end the following new paragraph:135 STAT. 2382 "“(10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries.” ". SEC. 5703. [10 USC 127e note](/us/usc/t10/s127e).Consultation.CHIEF OF MISSION CONCURRENCE. In the course of a chief of mission providing concurrence to the exercise of the authority pursuant to [section 127e of title 10, United States Code](/us/usc/t10/s127e), or section 1202 of the National Defense Authorization Act for Fiscal Year 2018—(1) each relevant chief of mission shall inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and
(2)the Secretary of State shall take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary and access to relevant compartmented and special programs to so consult in a timely manner with respect to such concurrence. SEC. 5704. REPORT ON EFFORTS OF THE CORONAVIRUS REPATRIATION TASK FORCE. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees, the Committee on Armed Services of the House of Representatives, and the Committee on Armed Services of the Senate a report evaluating the efforts of the Coronavirus Repatriation Task Force of the Department of State to repatriate United States citizens and legal permanent residents in response to the 2020 coronavirus outbreak. The report shall identify—(1) the most significant impediments to repatriating such persons;
(2)the lessons learned from such repatriations; and
(3)any changes planned to future repatriation efforts of the Department of State to incorporate such lessons learned. DIVISION F—OTHER NON-DEPARTMENT OF DEFENSE MATTERS TITLE LXI—FINANCIAL SERVICES MATTERS Sec. 6101. FinCEN Exchange. Sec. 6102. Adverse information in cases of trafficking. Sec. 6103. Support to enhance the capacity of International Monetary Fund members to evaluate the legal and financial terms of sovereign debt contracts. Sec. 6104. United States policy on Burma at the International Monetary Fund, the World Bank Group, and the Asian Development Bank. Sec. 6105. United States policy regarding international financial institution assistance with respect to advanced wireless technologies. Sec. 6106. Illicit finance improvements. Sec. 6107. Briefing on delegation of examination authority under the Bank Secrecy Act. SEC. 6101. FINCEN EXCHANGE. [Section 310(d) of title 31, United States Code](/us/usc/t31/s310/d), is amended—(1) in paragraph (2), by inserting “other relevant private sector entities,” after “financial institutions,”;135 STAT. 2383
(2)in paragraph (3)(A)(i)(II), by inserting “and other relevant private sector entities” after “financial institutions”; and
(3)in paragraph (5)—(A) in subparagraph (A), by inserting “or other relevant private sector entity” after “financial institution”; and
(B)in subparagraph (B)—(i) by striking “Information” and inserting the following:"“(i) Use by financial institutions.—Information” "; and
(ii)by adding at the end the following:"“(ii) Use by other relevant private sector entities.—Information received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities.” ". SEC. 6102. ADVERSE INFORMATION IN CASES OF TRAFFICKING.(a) In General.—The Fair Credit Reporting Act ([15 U.S.C. 1681 et seq.](/us/usc/t15/s1681/etseq)) is amended by inserting after section 605B the following:"“§ 605C.[15 USC 1681c–3](/us/usc/t15/s1681c–3). Adverse information in cases of trafficking“(a) Definitions.—In this section:“(1) Trafficking documentation.—The term ‘**trafficking documentation**’ means—“(A) documentation of—“(i) a determination that a consumer is a victim of trafficking made by a Federal, State, or Tribal governmental entity; or “(ii) by a court of competent jurisdiction; and “(B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking of which the consumer is a victim. “(2) Trafficking victims protection act of 2000 definitions.—The terms ‘severe forms of trafficking in persons’ and ‘sex trafficking’ have the meanings given, respectively, in section 103 of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7102](/us/usc/t22/s7102)). “(3) Victim of trafficking.—The term ‘**victim of trafficking**’ means a person who is a victim of a severe form of trafficking in persons or sex trafficking. “(b) Adverse Information.—A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency.135 STAT. 2384 “(c) Rulemaking.—“(1) Deadline.In general.—Not later than 180 days after the date of the enactment of this section, the Director shall issue rules to implement subsection (a). “(2) Contents.—The rules issued pursuant to paragraph
(1)shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies.” ".
(b)Table of Contents Amendment.—The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following:" “605C. Adverse information in cases of trafficking.”. "
(c)Effective date.[15 USC 1681c–3 note](/us/usc/t15/s1681c–3).Application.—The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(c) of the Fair Credit Reporting Act, as added by subsection
(a)of this section. Any rule issued by the Director to implement such section 605C shall be limited to preventing a consumer reporting agency from furnishing a consumer report containing any adverse item of information about a consumer (as such terms are defined, respectively, in section 603 the Fair Credit Reporting Act ([15 U.S.C. 1681a](/us/usc/t15/s1681a))) that resulted from trafficking. SEC. 6103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL MONETARY FUND MEMBERS TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS.(a) In General.—Title XVI of the International Financial Institutions Act ([22 U.S.C. 262p et seq.](/us/usc/t22/s262p/etseq)) is amended by adding at the end the following:"“SEC. 1630. [22 USC 262p–14](/us/usc/t22/s262p–14).SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS. “The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to advocate that the Fund promote international standards and best practices with respect to sovereign debt contracts and provide technical assistance to Fund members, and in particular to lower middle-income countries and countries eligible to receive assistance from the International Development Association, seeking to enhance their capacity to evaluate the legal and financial terms of sovereign debt contracts with multilateral, bilateral, and private sector creditors.” ".
(b)Time period.Report to the Congress.—Within 1 year after the date of the enactment of this Act, and annually thereafter for the next 4 years, the Secretary of the Treasury shall report to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate on—(1) the activities of the International Monetary Fund in the then most recently completed fiscal year to provide technical assistance described in section 1630 of the International Financial Institutions Act (as added by this section), including the ability of the Fund to meet the demand for the assistance; and135 STAT. 2385
(2)the efficacy of efforts by the United States to achieve the policy goal described in such section and any further actions that should be taken, if necessary, to implement that goal.
(c)Time period.[22 USC 262p–14 note](/us/usc/t22/s262p–14).Sunset.—The amendment made by subsection
(a)shall have no force or effect after the 5-year period that begins with the date of the enactment of this Act. SEC. 6104. UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL MONETARY FUND, THE WORLD BANK GROUP, AND THE ASIAN DEVELOPMENT BANK.(a) Sense of the Congress.—It is the sense of the Congress that the United States should not support the recognition of, or dealing with, the State Administration Council, or any successor entity controlled by the military, as the government of Burma for the purpose of the provision of any loan or financial assistance by the International Monetary Fund, the World Bank Group, or the Asian Development Bank, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military.
(b)Policy.—Title XVI of the International Financial Institutions Act ([22 U.S.C. 262p et seq.](/us/usc/t22/s262p/etseq)), as amended by section 6103, is further amended by adding at the end the following:"“SEC. 1631. [22 USC 262p–15](/us/usc/t22/s262p–15).UNITED STATES POLICY ON BURMA AT THE INTERNATIONAL MONETARY FUND, THE WORLD BANK GROUP, AND THE ASIAN DEVELOPMENT BANK.“(a) Policy of the United States.—The Secretary of Treasury shall instruct the United States Executive Directors at the International Monetary Fund, the World Bank Group, and the Asian Development Bank to inform the respective institution that it is the policy of the United States to oppose, and to use the voice and vote of the United States to vote against, any loan or financial assistance to Burma through the State Administration Council, or any successor entity controlled by the military, except for humanitarian assistance channeled through an implementing agency not controlled by the Burmese military. “(b) Deadline.Submission of Written Statements.—No later than 60 calendar days after a meeting of the Board of Directors of the World Bank Group or the Asian Development Bank, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate any written statement presented at the meeting by the United States Executive Director concerning the United States policy described in subsection
(a)or the United States position on any strategy, policy, loan, extension of financial assistance, or technical assistance related to Burma considered by the Board. “(c) Certification.Waiver.—The President of the United States may waive the application of subsection
(a)on a case-by-case basis upon certifying to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver—“(1) substantially promotes the objective of delivering humanitarian assistance to the civilian population of Burma, including a detailed explanation as to the need for such a waiver, the nature of the humanitarian assistance, the mechanisms through which such assistance will be delivered, and 135 STAT. 2386 the oversight safeguards that will accompany such assistance; or “(2) is otherwise in the national interest of the United States, with a detailed explanation of the reasons therefor. “(d) World Bank Group Defined.—In this section, the term ‘**World Bank Group**’ means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment Guarantee Agency.” ".
(c)Repeal.[22 USC 262p–15 note](/us/usc/t22/s262p–15).Sunset.—Section 1631 of the International Financial Institutions Act, as added by subsection (b), is repealed on the earlier of—(1) President.Certification.the date the President of the United States submits to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a certification that—(A) the Burmese military has released all political prisoners;
(B)an elected government has been instated following free and fair elections; and
(C)all government institutions involved in the provision of multilateral assistance are fully under civilian control; or
(2)the date that is 10 years after the date of the enactment of this Act. SEC. 6105. [22 USC note](/us/usc/t22)prec. 261.UNITED STATES POLICY REGARDING INTERNATIONAL FINANCIAL INSTITUTION ASSISTANCE WITH RESPECT TO ADVANCED WIRELESS TECHNOLOGIES.(a) In General.—The Secretary of the Treasury (in this section referred to as the “Secretary”) shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ([22 U.S.C. 262r(c)(2)](/us/usc/t22/s262r/c/2))) that it is the policy of the United States to—(1) support assistance by the institution with respect to advanced wireless technologies (such as 5th generation wireless technology for digital cellular networks and related technologies) only if the technologies provide appropriate security for users;
(2)proactively encourage assistance with respect to infrastructure or policy reforms that facilitate the use of secure advanced wireless technologies; and
(3)cooperate, to the maximum extent practicable, with member states of the institution, particularly with United States allies and partners, in order to strengthen international support for such technologies.
(b)Reports.Waiver Authority.—The Secretary may waive subsection
(a)on a case-by-case basis, on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver—(1) will allow the United States to effectively promote the objectives of the policy described in subsection (a); or
(2)is in the national interest of the United States, with an explanation of the reasons therefor.
(c)Progress Report.—The Chairman of the National Advisory Council on International Monetary and Financial Policies shall 135 STAT. 2387 include in the annual report required by section 1701 of the International Financial Institutions Act ([22 U.S.C. 262r](/us/usc/t22/s262r)) a description of progress made toward advancing the policy described in subsection
(a)of this section.
(d)Sunset.—The preceding provisions of this section shall have no force or effect after the earlier of—(1) Time period.the date that is 7 years after the date of the enactment of this Act; or
(2)Reports.the date that the Secretary reports to the committees specified in subsection
(b)that terminating the effectiveness of the provisions is important to the national interest of the United States, with a detailed explanation of the reasons therefor. SEC. 6106. ILLICIT FINANCE IMPROVEMENTS.(a) Scope of the Meetings of the Supervisory Team on Countering Illicit Finance.—Section 6214(b) of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ([31 U.S.C. 5311 note](/us/usc/t31/s5311)) is amended by striking “to combat the risk relating to proliferation financing” and inserting “for the purposes of countering illicit finance, including proliferation finance and sanctions evasion”.
(b)Combating Russian Money Laundering.—Section 9714 of the Combating Russian Money Laundering Act ([Public Law 116–283](/us/pl/116/283)) is[134 Stat. 4839](/us/stat/134/4839). amended—(1) by redesignating subsections
(b)and
(c)as subsections
(f)and (g), respectively; and
(2)[31 USC 5318A](/us/usc/t31/s5318A).by inserting after subsection
(a)the following:"“(b) Courts.Classified Information.—In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act ([18 U.S.C. App.](/us/usc/t18/app)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. “(c) Applicability.Availability of Information.—The exemptions from, and prohibitions on, search and disclosure provided in [section 5319 of title 31, United States Code](/us/usc/t31/s5319), shall apply to any report or record of report filed pursuant to a requirement imposed under subsection
(a)of this section. For purposes of [section 552 of title 5, United States Code](/us/usc/t5/s552), this subsection shall be considered a statute described in subsection (b)(3)(B) of that section. “(d) Applicability.Penalties.—The penalties provided for in sections 5321 and 5322 of [title 31, United States Code](/us/usc/t31), that apply to violations of special measures imposed under [section 5318A of title 31, United States Code](/us/usc/t31/s5318A), shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection
(a)of this section, in the same manner and to the same extent as described in sections 5321 and 5322. “(e) Injunctions.—The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection
(a)of this section in the same manner and to the same extent as described in [section 5320 of title 31, United States Code](/us/usc/t31/s5320).” ".135 STAT. 2388 SEC. 6107. BRIEFING ON DELEGATION OF EXAMINATION AUTHORITY UNDER THE BANK SECRECY ACT.(a) Deadline.Consultation.In General.—Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall, after consultation with State bank supervisors, Federal financial regulators, and other relevant stakeholders, conduct a briefing for the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury.
(b)Contents.—The briefing conducted by the Secretary of the Treasury pursuant to subsection
(a)shall address—(1) the current status of the delegation of examination authority under the Bank Secrecy Act by the Secretary of the Treasury, including with respect to the mission of the Bank Secrecy Act;
(2)how frequently, on average, agencies delegated exam authority under the Bank Secrecy Act by the Secretary are able to examine entities for which they have delegated authorities;
(3)whether agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have appropriate resources to perform such delegated responsibilities; and
(4)whether the examiners within agencies delegated examination authority under the Bank Secrecy Act by the Secretary of the Treasury have sufficient training and support to perform delegated responsibilities.
(c)Definitions.—In this section:(1) Bank secrecy act.—The term “**Bank Secrecy Act**” means—(A) section 21 of the Federal Deposit Insurance Act ([12 U.S.C. 1829b](/us/usc/t12/s1829b));
(B)[section 123 of Public Law 91–508](/us/pl/91/508/s123); and
(C)[subchapter II of chapter 53 of title 31, United States Code](/us/usc/t31/ch53/schII).
(2)Federal financial regulators.—The term “**Federal financial regulators**” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Comptroller of the Currency, the Commodity Futures Trading Commission, the Securities and Exchange Commission, and the Commissioner of the Internal Revenue Service.
(3)State bank supervisors.—The term “**State bank supervisors**” has the meaning given the term in section 3 of the Federal Deposit Insurance Act ([12 U.S.C. 1813](/us/usc/t12/s1813)). TITLE LXII—FOREIGNForeign Service Families Actof 2021. SERVICE FAMILIES ACT OF 2021 Sec. 6201. Short title. Sec. 6202. Telecommuting opportunities. Sec. 6203. Employment and education programs for eligible family members of members of the Foreign Service. Sec. 6204. Briefing on Foreign Service family reserve corps.135 STAT. 2389 Sec. 6205. Treatment of family members seeking positions customarily filled by Foreign Service officers or foreign national employees. Sec. 6206. In-State tuition rates for members of qualifying Federal service. Sec. 6207. Termination of residential or motor vehicle leases and telephone service contracts for certain members of the Foreign Service. SECTION 6201. [5 USC 101 note](/us/usc/t5/s101).SHORT TITLE. This title may be cited as the “Foreign Service Families Act of 2021”. SEC. 6202. [5 USC 6502 note](/us/usc/t5/s6502).TELECOMMUTING OPPORTUNITIES.(a) DETO Policy.—(1) In general.—Each Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas
(DETO)agreement, consistent with the requirements under [section 6502 of title 5, United States code](/us/usc/t5/s6502) (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State.
(2)Amendment.—[Section 6502(b) of title 5, United States Code](/us/usc/t5/s6502/b), is amended—(A) in paragraph (4)(B), by striking “and” after the semicolon;
(B)in paragraph 5, by striking the period at the end and inserting “; and” ; and
(C)by adding at the end the following new paragraph:"“(6) enumerate the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the agency, such circumstances shall not include a situation in which an employee’s official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.” ".
(b)Deadline.Revision.Regulations.Access to ICASS System.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection
(a)to have access to the International Cooperative Administrative Support Services (ICASS) system. SEC. 6203. EMPLOYMENT AND EDUCATION PROGRAMS FOR ELIGIBLE FAMILY MEMBERS OF MEMBERS OF THE FOREIGN SERVICE. Section 706(b) of the Foreign Service Act of 1980 ([22 U.S.C. 4026(b)](/us/usc/t22/s4026/b)) is amended—(1) in paragraph (1)—(A) by striking “The Secretary may facilitate the employment of spouses of members of the Foreign Service by—” and inserting “The Secretary shall implement such measures as the Secretary considers necessary to facilitate 135 STAT. 2390 the employment of spouses and members of the Service. The measures may include—”;
(B)by redesignating subparagraph
(C)as subparagraph (D); and
(C)by amending subparagraph
(C)to read as follows:"“(C) establishing a program for assisting eligible family members in accessing employment and education opportunities, as appropriate, including by exercising the authorities, in relevant part, under sections 1784 and 1784a of [title 10, United States Code](/us/usc/t10), and subject to such regulations as the Secretary may prescribe modeled after those prescribed pursuant to subsection
(b)of such section 1784;” ";
(2)by redesignating paragraph
(2)as paragraph (6);
(3)by inserting after paragraph
(1)the following new paragraphs:"“(2) Regulations.The Secretary may prescribe regulations—“(A) to provide preference to eligible family members in hiring for any civilian position in the Department, notwithstanding the prohibition on marital discrimination found in [5 U.S.C. 2302(b)(1)(E)](/us/usc/t5/s2302/b/1/E), if —“(i) the eligible family member is among persons determined to be best qualified for the position; and “(ii) the position is located in the overseas country of assignment of their sponsoring employee; “(B) Notice.to ensure that notice of any vacant position in the Department is provided in a manner reasonably designed to reach eligible family members of sponsoring employees whose permanent duty stations are in the same country as that in which the position is located; and “(C) to ensure that an eligible family member who applies for a vacant position in the Department shall, to the extent practicable, be considered for any such position located in the same country as the permanent duty station of their sponsoring employee. “(3) Nothing in this section may be construed to provide an eligible family member with entitlement or preference in hiring over an individual who is preference eligible. “(4) Under regulations prescribed by the Secretary, a chief of mission may, consistent with all applicable laws and regulations pertaining to the ICASS system, make available to an eligible family member and a non-Department entity space in an embassy or consulate for the purpose of the non-Department entity providing employment-related training for eligible family members. “(5) The Secretary may work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of eligible family member employment.” "; and
(4)by adding after paragraph (6), as redesignated by paragraph
(2)of this subsection, the following new paragraph:"“(7) Definition.In this subsection, the term ‘**eligible family member**’ refers to family members of government employees assigned abroad or hired for service at their post of residence who are appointed by the Secretary of State or the Administrator of the United States Agency for International Development pursuant to sections 102, 202, 303, and 311.” ".135 STAT. 2391 SEC. 6204. BRIEFING ON FOREIGN SERVICE FAMILY RESERVE CORPS.(a) Deadline.In General.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the status of implementation of the Foreign Service Family Reserve Corps.
(b)Estimates.Elements.—The briefing required under subsection
(a)shall include the following elements:(1) A description of the status of implementation of the Foreign Service Family Reserve Corps (FSFRC).
(2)Assessment.An assessment of the extent to which implementation was impacted by the Department’s hiring freeze and a detailed explanation of the effect of any such impacts.
(3)A description of the status of implementation of a hiring preference for the FSFRC.
(4)Assessment.A detailed accounting of any individuals eligible for membership in the FSFRC who were unable to begin working at a new location as a result of being unable to transfer their security clearance, including an assessment of whether they would have been able to port their clearance as a member of the FSFRC if the program had been fully implemented.
(5)An estimate of the number of individuals who are eligible to join the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals would enroll.
(6)An estimate of the number of individuals who are enrolled in the FSFRC worldwide and the categories, as detailed in the Under Secretary for Management’s guidance dated May 3, 2016, under which those individuals enrolled.
(7)An estimate of the number of individuals who were enrolled in each phase of the implementation of the FSFRC as detailed in guidance issued by the Under Secretary for Management.
(8)An estimate of the number of individuals enrolled in the FSFRC who have successfully transferred a security clearance to a new post since implementation of the program began.
(9)An estimate of the number of individuals enrolled in the FSFRC who have been unable to successfully transfer a security clearance to a new post since implementation of the program began.
(10)An estimate of the number of individuals who have declined in writing to apply to the FSFRC.
(c)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 6205. TREATMENT OF FAMILY MEMBERS SEEKING POSITIONS CUSTOMARILY FILLED BY FOREIGN SERVICE OFFICERS OR FOREIGN NATIONAL EMPLOYEES. Section 311 of the Foreign Service Act of 1980 ([22 U.S.C. 3951](/us/usc/t22/s3951)) is amended by adding at the end the following:"“(e) The Secretary shall hold a family member of a government employee described in subsection
(a)seeking employment in a position described in that subsection to the same employment standards 135 STAT. 2392 as those applicable to Foreign Service officers, Foreign Service personnel, or foreign national employees seeking the same or a substantially similar position.” ". SEC. 6206. IN-STATE TUITION RATES FOR MEMBERS OF QUALIFYING FEDERAL SERVICE.(a) In General.—Section 135 of the Higher Education Act of 1965 ([20 U.S.C. 1015d](/us/usc/t20/s1015d)) is amended—(1) in the section heading, by striking “the armed forces on active duty, spouses, and dependent children” and inserting “qualifying federal service”;
(2)in subsection (a), by striking “member of the armed forces who is on active duty for a period of more than 30 days and” and inserting “member of a qualifying Federal service”;
(3)in subsection (b), by striking “member of the armed forces” and inserting “member of a qualifying Federal service”; and
(4)by striking subsection
(d)and inserting the following:"“(d) Definitions.—In this section, the term ‘**member of a qualifying Federal service**’ means—“(1) a member of the armed forces (as defined in [section 101 of title 10, United States Code](/us/usc/t10/s101)) who is on active duty for a period of more than 30 days (as defined in [section 101 of title 10, United States Code](/us/usc/t10/s101)); or “(2) a member of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 ([22 U.S.C. 3903](/us/usc/t22/s3903))) who is on active duty for a period of more than 30 days.” ".
(b)[20 USC 1015d note](/us/usc/t20/s1015d).Effective Date.—The amendments made by subsection
(a)shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ([20 U.S.C. 1001 et seq.](/us/usc/t20/s1001/etseq)) for the first period of enrollment at such institution that begins after July 1, 2024. SEC. 6207. TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND TELEPHONE SERVICE CONTRACTS FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE.(a) In General.—Chapter 9 of title I of the Foreign Service Act of 1980 ([22 U.S.C. 4081 et seq.](/us/usc/t22/s4081/etseq)) is amended by adding at the end the following new section:"“SEC. 907. [22 USC 4087](/us/usc/t22/s4087).TERMINATION OF RESIDENTIAL OR MOTOR VEHICLE LEASES AND TELEPHONE SERVICE CONTRACTS. “TheApplicability. terms governing the termination of residential or motor vehicle leases and telephone service contracts described in sections 305 and 305A, respectively, of the Servicemembers Civil Relief Act ([50 U.S.C. 3955](/us/usc/t50/s3955) and 3956) with respect to servicemembers who receive military orders described in such Act shall apply in the same manner and to the same extent to members of the Service who are posted abroad at a Foreign Service post in accordance with this Act.” ".135 STAT. 2393
(b)Clerical Amendment.—The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 906 the following new item:" “Sec. 907. Termination of residential or motor vehicle leases and telephone service contracts.”. " TITLE LXIII—BARRYBarry Goldwater Scholarship and Excellence in Education Modernization Act of 2021. GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION MODERNIZATION ACT Sec. 6301. Short title. Sec. 6302. Clarifying amendments to definitions. Sec. 6303. Barry Goldwater Scholarship and Excellence in Education Awards. Sec. 6304. Stipends. Sec. 6305. Scholarship and research internship conditions. Sec. 6306. Sustainable investments of funds. Sec. 6307. Administrative provisions. SEC. 6301. [20 USC 4701 note](/us/usc/t20/s4701).SHORT TITLE. This title may be cited as the “Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021”. SEC. 6302. CLARIFYING AMENDMENTS TO DEFINITIONS. Section 1403 of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4702](/us/usc/t20/s4702)) is amended—(1) by striking paragraph
(5)and inserting the following new paragraph (5):"“(5) The term ‘**State**’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any other territory or possession of the United States.” "; and
(2)by striking paragraph (6), by inserting the following new paragraph (6):"“(6) The term ‘**eligible person**’ means—“(A) a permanent resident alien of the United States; “(B) a citizen or national of the United States; “(C) a citizen of the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau; or “(D) any person who may be admitted to lawfully engage in occupations and establish residence as a nonimmigrant in the United States as permitted under the Compact of Free Association agreements with the Republic of the Marshall Islands, the Federal States of Micronesia, or the Republic of Palau.” ". SEC. 6303. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION AWARDS.(a) Award of Scholarships, Fellowships, and Research Internships.—Section 1405(a) of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4704(a)](/us/usc/t20/s4704/a)) is amended—(1) in the subsection heading, by striking “Award of Scholarships and Fellowships” and inserting “Award of Scholarships, Fellowships, and Research Internships”;135 STAT. 2394
(2)in paragraph (1)—(A) by striking “scholarships and fellowships” and inserting “scholarships, fellowships, and research internships”; and
(B)by striking “science and mathematics” and inserting “the natural sciences, engineering, and mathematics”;
(3)in paragraph (2), by striking “mathematics and the natural sciences” and inserting “the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ([20 U.S.C. 1067q(a)](/us/usc/t20/s1067q/a))”;
(4)in paragraph (3), by striking “mathematics and the natural sciences” and inserting “the natural sciences, engineering, and mathematics”;
(5)by redesignating paragraph
(4)as paragraph (5);
(6)in paragraph (5), as so redesignated, by striking “scholarships and fellowships” and inserting “scholarships, fellowships, and research internships”; and
(7)by inserting after paragraph
(3)the following:"“(4) Research internships shall be awarded to outstanding undergraduate students who intend to pursue careers in the natural sciences, engineering, and mathematics, which shall be prioritized for students attending community colleges and minority-serving institutions specified in section 371(a) of the Higher Education Act of 1965 ([20 U.S.C. 1067q(a)](/us/usc/t20/s1067q/a)).” ".
(b)Barry Goldwater Scholars and Research Interns.—Section 1405(b) of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4704(b)](/us/usc/t20/s4704/b)) is amended—(1) in the subsection heading, by adding “and Research Interns” after “Scholars”; and
(2)by adding at the end the following new sentence: “Recipients of research internships under this title shall be known as ‘Barry Goldwater Interns’.”. SEC. 6304. STIPENDS. Section 1406 of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4705](/us/usc/t20/s4705)) is amended by adding at the end the following: “Each person awarded a research internship under this title shall receive a stipend as may be prescribed by the Board, which shall not exceed the maximum stipend amount awarded for a scholarship or fellowship.”. SEC. 6305. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS. Section 1407 of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4706](/us/usc/t20/s4706)) is amended—(1) in the section heading, by inserting “and research internship” after “scholarship”;
(2)in subsection (a)—(A) by striking the subsection heading and inserting “Scholarship Conditions”; and
(B)by striking “and devoting full time to study or research and is not engaging in gainful employment other than employment approved by the Foundation”;
(3)in subsection (b), by striking the subsection heading and inserting “Reports on Scholarships”; and
(4)by adding at the end the following:135 STAT. 2395 "“(c) Research Internship Conditions.—A person awarded a research internship under this title may receive payments authorized under this title only during such periods as the Foundation finds that the person is maintaining satisfactory proficiency pursuant to regulations of the Board. “(d) Determination.Reports on Research Internships.—The Foundation may require reports containing such information in such form and to be filed at such times as the Foundation determines to be necessary from any person awarded a research internship under this title. Such reportsCertification. may be accompanied by a certificate from an appropriate official at the institution of higher education or internship employer, approved by the Foundation, stating that such person is maintaining satisfactory progress in the internship.” ". SEC. 6306. SUSTAINABLE INVESTMENTS OF FUNDS. Section 1408 of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4707](/us/usc/t20/s4707)) is amended—(1) by redesignating subsections
(c)and
(d)as subsections
(d)and (e), respectively; and
(2)by inserting after subsection
(b)the following:"“(c) Investment in Securities.—Notwithstanding subsection (b), the Secretary of the Treasury may invest any public or private funds received by the Foundation after the date of enactment of the Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 in securities other than or in addition to public debt securities of the United States, if—“(1) Determination.the Secretary receives a determination from the Board that such investments are necessary to enable the Foundation to carry out the purposes of this title; and “(2) the securities in which such funds are invested are traded in established United States markets. “(d) Construction.—Nothing in this section shall be construed to limit the authority of the Board to increase the number of scholarships provided under section 4704, or to increase the amount of the stipend authorized by section 4705, as the Board considers appropriate and is otherwise consistent with the requirements of this title.” ". SEC. 6307. ADMINISTRATIVE PROVISIONS. Section 1411(a) of the Barry Goldwater Scholarship and Excellence in Education Act ([20 U.S.C. 4710(a)](/us/usc/t20/s4710/a)) is amended—(1) by striking paragraph
(1)and inserting the following:"“(1) appoint and fix the rates of basic pay of not more than three employees (in addition to the Executive Secretary appointed under section 4709) to carry out the provisions of this title, without regard to the provisions in [chapter 33 of title 5, United States Code](/us/usc/t5/ch33), governing appointment in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title, except that—“(A) a rate of basic pay set under this paragraph may not exceed the maximum rate provided for employees in grade GS–15 of the General Schedule under [section 5332 of title 5, United States Code](/us/usc/t5/s5332); and “(B) the employee shall be entitled to the applicable locality-based comparability payment under [section 5304 of title 5, United States Code](/us/usc/t5/s5304), subject to the applicable limitation established under subsection
(g)of such section;” ";135 STAT. 2396
(2)in paragraph (2), by striking “grade GS–18 under section 5332 of such title” and inserting “level IV of the Executive Schedule”;
(3)in paragraph (7), by striking “and” at the end;
(4)by redesignating paragraph
(8)as paragraph (10); and
(5)by inserting after paragraph
(7)the following:"“(8) expend not more than 5 percent of the Foundation’s annual operating budget on programs that, in addition to or in conjunction with the Foundation’s scholarship financial awards, support the development of Goldwater Scholars throughout their professional careers; “(9) expend not more than 5 percent of the Foundation’s annual operating budget to pay the costs associated with fundraising activities, including public and private gatherings; and” ". TITLE LXIV—DEPARTMENT OF HOMELAND SECURITY MEASURES Subtitle A— DHS Headquarters, Research and Development, and Related Matters Sec. 6401. Employee engagement steering committee and action plan. Sec. 6402. Annual employee award program. Sec. 6403. Chief Human Capital Officer responsibilities. Sec. 6404. Independent investigation and implementation plan. Sec. 6405. Authorization of the acquisition professional career program. Sec. 6406. National urban security technology laboratory. Sec. 6407. Department of Homeland Security Blue Campaign enhancement. Sec. 6408. Medical countermeasures program. Sec. 6409. Critical domain research and development. Sec. 6410. CBP Donations Acceptance Program Reauthorization. Subtitle B— Transportation Security Sec. 6411. Survey of the Transportation Security Administration workforce regarding COVID–19 response. Sec. 6412. Transportation Security Preparedness Plan. Sec. 6413. Authorization of Transportation Security Administration personnel details. Sec. 6414. Transportation Security Administration preparedness. Sec. 6415. Plan to reduce the spread of coronavirus at passenger screening checkpoints. Sec. 6416. Comptroller General review of Department of Homeland Security trusted traveler programs. Sec. 6417. Enrollment redress with respect to Department of Homeland Security trusted traveler programs. Sec. 6418. Threat information sharing. Sec. 6419. Local law enforcement security training. Sec. 6420. Allowable uses of funds for public transportation security assistance grants. Sec. 6421. Periods of performance for public transportation security assistance grants. Sec. 6422. GAO review of public transportation security assistance grant program. Sec. 6423. Sensitive security information; aviation security. Subtitle A—DHS Headquarters, Research and Development, and Related Matters SEC. 6401. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.(a) In General.—Title VII of the Homeland Security Act of 2002 ([6 U.S.C. 341 et seq.](/us/usc/t6/s341/etseq)) is amended by adding at the end the following new section:135 STAT. 2397 "“SEC. 711. Deadlines.[6 USC 351](/us/usc/t6/s351).Establishment.EMPLOYEE ENGAGEMENT.“(a) Steering Committee.—Not later than 120 days after the date of the enactment of this section, the Secretary shall establish an employee engagement steering committee, including representatives from operational components, headquarters, and field personnel, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees, and chaired by the Under Secretary for Management, to carry out the following activities:“(1) Identify factors that have a negative impact on employee engagement, morale, and communications within the Department, such as perceptions about limitations on career progression, mobility, or development opportunities, collected through employee feedback platforms, including through annual employee surveys, questionnaires, and other communications, as appropriate. “(2) Identify, develop, and distribute initiatives and best practices to improve employee engagement, morale, and communications within the Department, including through annual employee surveys, questionnaires, and other communications, as appropriate. “(3) Monitor efforts of each component to address employee engagement, morale, and communications based on employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate. “(4) Advise the Secretary on efforts to improve employee engagement, morale, and communications within specific components and across the Department. “(5) Reports.Conduct regular meetings and report, not less than once per quarter, to the Under Secretary for Management, the head of each component, and the Secretary on Departmentwide efforts to improve employee engagement, morale, and communications. “(b) Action Plan; Reporting.—The Secretary, acting through the Chief Human Capital Officer, shall—“(1) not later than 120 days after the date of the establishment of the employee engagement steering committee under subsection (a), issue a Departmentwide employee engagement action plan, reflecting input from the steering committee and employee feedback provided through annual employee surveys, questionnaires, and other communications in accordance with paragraph
(1)of such subsection, to execute strategies to improve employee engagement, morale, and communications within the Department; and “(2) Requirements.require the head of each component to—“(A) develop and implement a component-specific employee engagement plan to advance the action plan required under paragraph
(1)that includes performance measures and objectives, is informed by employee feedback provided through annual employee surveys, questionnaires, and other communications, as appropriate, and sets forth how employees and, where applicable, their labor representatives are to be integrated in developing programs and initiatives; “(B) monitor progress on implementation of such action plan; and135 STAT. 2398 “(C) provide to the Chief Human Capital Officer and the steering committee quarterly reports on actions planned and progress made under this paragraph. “(c) Termination.—This section shall terminate on the date that is five years after the date of the enactment of this section.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item:" “Sec. 711. Employee engagement.”. "
(c)Deadline.[6 USC 351 note](/us/usc/t6/s351).Submissions to Congress.—(1) Department-wide employee engagement action plan.—The Secretary of Homeland Security, acting through the Chief Human Capital Officer of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the Department-wide employee engagement action plan required under subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by subsection
(a)of this section) not later than 30 days after the issuance of such plan under such subsection (b)(1).
(2)Component-specific employee engagement plans.—Each head of a component of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the component-specific employee engagement plan of each such component required under subsection (b)(2) of section 711 of the Homeland Security Act of 2002 not later than 30 days after the issuance of each such plan under such subsection (b)(2). SEC. 6402. ANNUAL EMPLOYEE AWARD PROGRAM.(a) In General.—Title VII of the Homeland Security Act of 2002 ([6 U.S.C. 341 et seq.](/us/usc/t6/s341/etseq)), as amended by section 6401 of this Act, is further amended by adding at the end the following new section:"“SEC. 712. [6 USC 352](/us/usc/t6/s352).ANNUAL EMPLOYEE AWARD PROGRAM.“(a) In General.—The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall—“(1) Criteria.establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; “(2) publicize within the Department how any employee or group of employees may be nominated for an award; “(3) Establishment.Recommenda-tions.establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; “(4) select recipients from the pool of nominees submitted by the internal review board under paragraph
(3)and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and135 STAT. 2399 “(5) publicize such program within the Department. “(b) Consultation.Internal Review Board.—The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. “(c) Rule of Construction.—Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by section 6401 of this Act, is further amended by inserting after the item relating to section 711 the following new item:" “Sec. 712. Annual employee award program.”. " SEC. 6403. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES. Section 704 of the Homeland Security Act of 2002 ([6 U.S.C. 344](/us/usc/t6/s344)) is amended—(1) in subsection (b)—(A) in paragraph (1)—(i) by inserting “, including with respect to leader development and employee engagement,” after “policies”;
(ii)by striking “and in line” and inserting “, in line”; and
(iii)by inserting “and informed by best practices within the Federal Government and the private sector,” after “priorities,”;
(B)in paragraph (2), by striking “develop performance measures to provide a basis for monitoring and evaluating” and inserting “use performance measures to evaluate, on an ongoing basis,”;
(C)in paragraph (3), by inserting “that, to the extent practicable, are informed by employee feedback” after “policies”;
(D)in paragraph (4), by inserting “including leader development and employee engagement programs,” before “in coordination”;
(E)in paragraph (5), by inserting before the semicolon at the end the following: “that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives”;
(F)by redesignating paragraphs
(9)and
(10)as paragraphs
(13)and (14), respectively; and
(G)by inserting after paragraph
(8)the following new paragraphs:"“(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 844, departmental leadership development programs, interagency development programs, and other rotational programs; “(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, 135 STAT. 2400 rules, regulations, and Federal guidance, and ensure due process for employees; “(11) Analysis.Deadline.Recommenda-tions.analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department; “(12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives;” ";
(2)by redesignating subsections
(d)and
(e)as subsections
(e)and (f), respectively;
(3)by inserting after subsection
(c)the following new subsection:"“(d) Chief Learning and Engagement Officer.—The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.” "; and
(4)in subsection (e), as so redesignated—(A) by redesignating paragraphs (2), (3), and
(4)as paragraphs (5), (6), and (7), respectively; and
(B)by inserting after paragraph
(1)the following new paragraphs:"“(2) information on employee development opportunities catalogued pursuant to paragraph
(9)of subsection
(b)and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction; “(3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph
(2)of subsection (b); “(4) information on the activities of the steering committee established pursuant to section 711(a), including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;” ". SEC. 6404. [6 USC 411 note](/us/usc/t6/s411).INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.(a) Deadline.In General.—Not later than 120 days after the date of the enactment of this Act, the Comptroller General of the United States shall investigate whether the application in the Department of Homeland Security of discipline and adverse actions for managers and non-managers are administered in an equitable and consistent manner that results in the same or substantially similar disciplinary outcomes across the Department that are appropriately calibrated to address the identified misconduct, taking into account relevant aggravating and mitigating factors.
(b)Consultation.—In carrying out the investigation described in subsection (a), the Comptroller General of the United States shall consult with the Under Secretary for Management of the Department of Homeland Security and the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002 (as added by section 6401(a) of this Act).135 STAT. 2401
(c)Reviews.Consultation.Action by Under Secretary for Management.—Upon completion of the investigation described in subsection (a), the Under Secretary for Management of the Department of Homeland Security shall review the findings and recommendations of such investigation and implement a plan, in consultation with the employee engagement steering committee established pursuant to subsection (b)(1) of section 711 of the Homeland Security Act of 2002, to correct any relevant deficiencies identified by the Comptroller General of the United States in such investigation. The Under Secretary for Management shall direct the employee engagement steering committee to review such plan to inform committee activities and action plans authorized under such section 711. SEC. 6405. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER PROGRAM.(a) In General.—Title VII of the Homeland Security Act of 2002 ([6 U.S.C. 341 et seq.](/us/usc/t6/s341/etseq)), as amended by sections 6401 and 6402 of this Act, is further amended by adding at the end the following new section:"“SEC. 713. [6 USC 353](/us/usc/t6/s353).ACQUISITION PROFESSIONAL CAREER PROGRAM.“(a) Establishment.—There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. “(b) Administration.—The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). “(c) Program Requirements.—The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program.“(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. “(2) Web posting.Criteria.Establish and publish on the Department’s website eligibility criteria for candidates to participate in the program. “(3) Carry out recruitment efforts to attract candidates—“(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; “(B) with diverse work experience outside of the Federal Government; or “(C) with military service. “(4) Hire eligible candidates for designated positions under the program. “(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. “(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. “(d) Reports.—Not later than one year after the date of the enactment of this section, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the 135 STAT. 2402 acquisition professional career program. Each such report shall include the following information:“(1) The number of candidates approved for the program. “(2) The number of candidates who commenced participation in the program, including generalized information on such candidates’ backgrounds with respect to education and prior work experience, but not including personally identifiable information. “(3) A breakdown of the number of participants hired under the program by type of acquisition position. “(4) List.A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. “(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year’s data, as available. “(6) The Department’s recruiting efforts for the program. “(7) The Department’s efforts to promote retention of program participants. “(e) Definitions.—In this section:“(1) Hispanic-serving institution.—The term ‘**Hispanic-serving institution**’ has the meaning given such term in section 502 of the Higher Education Act of 1965 ([20 U.S.C. 1101a](/us/usc/t20/s1101a)). “(2) Historically black colleges and universities.—The term ‘**historically Black colleges and universities**’ has the meaning given the term ‘**part B institution**’ in section 322(2) of Higher Education Act of 1965 ([20 U.S.C. 1061(2)](/us/usc/t20/s1061/2)). “(3) Institution of higher education.—The term ‘**institution of higher education**’ has the meaning given such term in section 101 of the Higher Education Act of 1965 ([20 U.S.C. 1001](/us/usc/t20/s1001)).” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by sections 6401 and 6402 of this Act, is further amended by inserting after the item relating to section 712 the following new item:" “Sec. 713. Acquisition professional career program.”. " SEC. 6406. NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.(a) In General.—Title III of the Homeland Security Act of 2002 ([6 U.S.C. 181 et seq.](/us/usc/t6/s181/etseq)) is amended by adding at the end the following new section:"“SEC. 322. [6 USC 195h](/us/usc/t6/s195h).NATIONAL URBAN SECURITY TECHNOLOGY LABORATORY.“(a) Designation.In General.—The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection
(b)as an additional laboratory pursuant to the authority under section 308(c)(2) of this Act. Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism. “(b) Laboratory Described.—The laboratory described in this subsection is the laboratory—“(1) known, as of the date of the enactment of this section, as the National Urban Security Technology Laboratory; and “(2) transferred to the Department pursuant to section 303(1)(E) of this Act.135 STAT. 2403 “(c) Laboratory Activities.—The National Urban Security Technology Laboratory shall—“(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers; “(2) act as a technical advisor to emergency response providers; and “(3) carry out other such activities as the Secretary determines appropriate. “(d) Rule of Construction.—Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 321 the following new item:" “Sec. 322. National Urban Security Technology Laboratory.”. " SEC. 6407. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN ENHANCEMENT. Section 434 of the Homeland Security Act of 2002 ([6 U.S.C. 242](/us/usc/t6/s242)) is amended—(1) in subsection (e)(6), by striking “utilizing resources,” and inserting “developing and utilizing, in consultation with the Blue Campaign Advisory Board established pursuant to subsection (g), resources”; and
(2)by adding at the end the following new subsections:"“(f) Web-based Training Programs.—To enhance training opportunities, the Director of the Blue Campaign shall develop web-based interactive training videos that utilize a learning management system to provide online training opportunities. During the 10-year periodTime period.Effective date. beginning on the date that is 90 days after the date of the enactment of this subsection such training opportunities shall be made available to the following individuals:“(1) Federal, State, local, Tribal, and territorial law enforcement officers. “(2) Non-Federal correction system personnel. “(3) Such other individuals as the Director determines appropriate. “(g) Blue Campaign Advisory Board.—“(1) Establishment.In general.—There is established in the Department a Blue Campaign Advisory Board, which shall be comprised of representatives assigned by the Secretary from—“(A) the Office for Civil Rights and Civil Liberties of the Department; “(B) the Privacy Office of the Department; and “(C) not fewer than four other separate components or offices of the Department. “(2) Charter.—The Secretary is authorized to issue a charter for the Blue Campaign Advisory Board, and such charter shall specify the following:“(A) The Board’s mission, goals, and scope of its activities. “(B) The duties of the Board’s representatives. “(C) The frequency of the Board’s meetings.135 STAT. 2404 “(3) Consultation.—The Director shall consult the Blue Campaign Advisory Board and, as appropriate, experts from other components and offices of the Center for Countering Human Trafficking of the Department regarding the following:“(A) Recruitment tactics used by human traffickers to inform the development of training and materials by the Blue Campaign. “(B) The development of effective awareness tools for distribution to Federal and non-Federal officials to identify and prevent instances of human trafficking. “(C) Identification of additional persons or entities that may be uniquely positioned to recognize signs of human trafficking and the development of materials for such persons. “(h) Consultation.—With regard to the development of programs under the Blue Campaign and the implementation of such programs, the Director is authorized to consult with State, local, Tribal, and territorial agencies, non-governmental organizations, private sector organizations, and experts.” ". SEC. 6408. MEDICAL COUNTERMEASURES PROGRAM.(a) In General.—Subtitle C of title XIX of the Homeland Security Act of 2002 ([6 U.S.C. 597](/us/usc/t6/s597)) is amended by adding at the end the following new section:"“SEC. 1932. [6 USC 597a](/us/usc/t6/s597a).MEDICAL COUNTERMEASURES.“(a) In General.—Subject to the availability of appropriations, the Secretary shall, as appropriate, establish a medical countermeasures program within the components of the Department to—“(1) facilitate personnel readiness and protection for the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic; and “(2) support the mission continuity of the Department. “(b) Oversight.—The Secretary, acting through the Chief Medical Officer of the Department, shall—“(1) provide programmatic oversight of the medical countermeasures program established under subsection (a); and “(2) Standards.develop standards for—“(A) medical countermeasure storage, security, dispensing, and documentation; “(B) maintaining a stockpile of medical countermeasures, including antibiotics, antivirals, antidotes, therapeutics, and radiological countermeasures, as appropriate; “(C) ensuring adequate partnerships with manufacturers and executive agencies that enable advance prepositioning by vendors of inventories of appropriate medical countermeasures in strategic locations nationwide, based on risk and employee density, in accordance with applicable Federal statutes and regulations; “(D) providing oversight and guidance regarding the dispensing of stockpiled medical countermeasures; “(E) ensuring rapid deployment and dispensing of medical countermeasures in a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic;135 STAT. 2405 “(F) providing training to employees of the Department on medical countermeasures; and “(G) supporting dispensing exercises. “(c) Medical Countermeasures Working Group.—The Secretary, acting through the Chief Medical Officer of the Department, shall establish a medical countermeasures working group comprised of representatives from appropriate components and offices of the Department to ensure that medical countermeasures standards are maintained and guidance is consistent. “(d) Deadline.Plan.Medical Countermeasures Management.—Not later than 120 days after the date on which appropriations are made available to carry out subsection (a), the Chief Medical Officer shall develop and submit to the Secretary an integrated logistics support plan for medical countermeasures, including—“(1) a methodology for determining the ideal types and quantities of medical countermeasures to stockpile and how frequently such methodology shall be reevaluated; “(2) Plan.a replenishment plan; and “(3) Inventory.Procedures.inventory tracking, reporting, and reconciliation procedures for existing stockpiles and new medical countermeasure purchases. “(e) Deadline.Transfer.—Not later than 120 days after the date of enactment of this section, the Secretary shall transfer all medical countermeasures-related programmatic and personnel resources from the Under Secretary for Management to the Chief Medical Officer. “(f) Determination.Stockpile Elements.—In determining the types and quantities of medical countermeasures to stockpile under subsection (d), the Secretary, acting through the Chief Medical Officer of the Department—“(1) shall use a risk-based methodology for evaluating types and quantities of medical countermeasures required; and “(2) may use, if available—“(A) chemical, biological, radiological, and nuclear risk assessments of the Department; and “(B) guidance on medical countermeasures of the Office of the Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention. “(g) Deadline.Briefing.—Not later than 180 days after the date of enactment of this section, the Secretary shall provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding—“(1) the plan developed under subsection (d); and “(2) implementation of the requirements of this section. “(h) Definition.—In this section, the term ‘**medical countermeasures**’ means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 1931 the following new item:" “Sec. 1932. Medical countermeasures.”. "135 STAT. 2406 SEC. 6409. CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.(a) In General.—Subtitle H of title VIII of the Homeland Security Act of 2002 ([6 U.S.C. 451 et seq.](/us/usc/t6/s451/etseq)) is amended by adding at the end the following new section:"“SEC. 890B. [6 USC 474](/us/usc/t6/s474).HOMELAND SECURITY CRITICAL DOMAIN RESEARCH AND DEVELOPMENT.“(a) In General.—“(1) Research and development.—The Secretary is authorized to conduct research and development to—“(A) identify United States critical domains for economic security and homeland security; and “(B) Evaluation.evaluate the extent to which disruption, corruption, exploitation, or dysfunction of any of such domain poses a substantial threat to homeland security. “(2) Requirements.—“(A) Determination.Risk analysis of critical domains.—The research under paragraph
(1)shall include a risk analysis of each identified United States critical domain for economic security to determine the degree to which there exists a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such domain. Such research shall consider, to the extent possible, the following:“(i) The vulnerability and resilience of relevant supply chains. “(ii) Foreign production, processing, and manufacturing methods. “(iii) Influence of malign economic actors. “(iv) Asset ownership. “(v) Relationships within the supply chains of such domains. “(vi) The degree to which the conditions referred to in clauses
(i)through
(v)would place such a domain at risk of disruption, corruption, exploitation, or dysfunction. “(B) Additional research into high-risk critical domains.—Based on the identification and risk analysis of United States critical domains for economic security pursuant to paragraph
(1)and subparagraph
(A)of this paragraph, respectively, the Secretary may conduct additional research into those critical domains, or specific elements thereof, with respect to which there exists the highest degree of a present or future threat to homeland security in the event of disruption, corruption, exploitation, or dysfunction to such a domain. For each such high-risk domain, or element thereof, such research shall—“(i) describe the underlying infrastructure and processes; “(ii) Analysis.analyze present and projected performance of industries that comprise or support such domain; “(iii) Examination.examine the extent to which the supply chain of a product or service necessary to such domain is concentrated, either through a small number of sources, or if multiple sources are concentrated in one geographic area;135 STAT. 2407 “(iv) Examination.examine the extent to which the demand for supplies of goods and services of such industries can be fulfilled by present and projected performance of other industries, identify strategies, plans, and potential barriers to expand the supplier industrial base, and identify the barriers to the participation of such other industries; “(v) consider each such domain’s performance capacities in stable economic environments, adversarial supply conditions, and under crisis economic constraints; “(vi) identify and define needs and requirements to establish supply resiliency within each such domain; and “(vii) consider the effects of sector consolidation, including foreign consolidation, either through mergers or acquisitions, or due to recent geographic realignment, on such industries’ performances. “(3) Consultation.—In conducting the research under paragraph
(1)and subparagraph
(B)of paragraph (2), the Secretary may consult with appropriate Federal agencies, State agencies, and private sector stakeholders. “(4) Effective date.Reports.Recommenda-tions.Publication.—Beginning one year after the date of the enactment of this section, the Secretary shall publish a report containing information relating to the research under paragraph
(1)and subparagraph
(B)of paragraph (2), including findings, evidence, analysis, and recommendations.Updates.Time period. Such report shall be updated annually through 2026. “(b) Deadline.Consultation.Submission to Congress.—Not later than 90 days after the publication of each report required under paragraph
(4)of subsection (a), the Secretary shall transmit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate each such report, together with a description of actions the Secretary, in consultation with appropriate Federal agencies, will undertake or has undertaken in response to each such report. “(c) Definitions.—In this section:“(1) United states critical domains for economic security.—The term ‘**United States critical domains for economic security**’ means the critical infrastructure and other associated industries, technologies, and intellectual property, or any combination thereof, that are essential to the economic security of the United States. “(2) Economic security.—The term ‘**economic security**’ means the condition of having secure and resilient domestic production capacity, combined with reliable access to the global resources necessary to maintain an acceptable standard of living and to protect core national values. “(d) Time period.Authorization of Appropriations.—There is authorized to be appropriated $1,000,000 for each of fiscal years 2022 through 2026 to carry out this section.” ".
(b)Clerical Amendment.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is further amended by inserting after the item relating to section 890A the following new item:" “Sec. 890B. Homeland security critical domain research and development.”. "135 STAT. 2408 SEC. 6410. CBP DONATIONS ACCEPTANCE PROGRAM REAUTHORIZATION. Section 482 of the Homeland Security Act of 2002 ([6 U.S.C. 301a](/us/usc/t6/s301a)) is amended—(1) in subsection (a)—(A) in paragraph (1)—(i) in subparagraph (B), by inserting “or -leased” before “land”; and
(ii)in subparagraph (C)—(I) in the matter preceding clause (i), by inserting “or -leased” before “land”;
(II)in clause (i), by striking “$50,000,000” and inserting “$75,000,000”; and
(III)by amending clause
(ii)to read as follows:"“(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.” "; and
(B)in paragraph (3), in the matter preceding subparagraph (A), by inserting “or -leased” before “land”;
(2)in subsection (b)—(A) in the matter preceding paragraph (1), by striking “Administrator of the General Services Administration” and inserting “Administrator of General Services”;
(B)in paragraph (1)(C)—(i) in clause (i), by striking “$50,000,000” and inserting “$75,000,000”; and
(ii)by amending clause
(ii)to read as follows:"“(ii) the fair market value of donations with respect to the land port of entry total $75,000,000 or less over the preceding five years.” "; and
(C)in paragraph (4)—(i) in subparagraph (A), by striking “terminate” and all that follows through the period at the end and inserting “terminate on December 31, 2026.”; and
(ii)in subparagraph (B), by striking “carrying out the terms of an agreement under this subsection if such agreement is entered into before such termination date” and inserting “a proposal accepted for consideration by U.S. Customs and Border Protection or the General Services Administration pursuant to this section or a prior pilot program prior to such termination date”;
(3)in subsection (c)(6)(B), by striking “the donation will not be used for the construction of a detention facility or a border fence or wall.” and inserting the following:"“(i) the donation will not be used for the construction of a detention facility or a border fence or wall; and “(ii) Notifications.the donor will be notified in the Donations Acceptance Agreement that the donor shall be financially responsible for all costs and operating expenses related to the operation, maintenance, and repair of the donated real property until such time as U.S. Customs and Border Protection provides the donor written notice otherwise.” ";
(4)in subsection (d), in the matter preceding paragraph (1), by striking “annual” and inserting “biennial”; and135 STAT. 2409
(5)in subsection (e), by striking “Administrator of the General Services Administration” and inserting “Administrator of General Services”. Subtitle B—Transportation Security SEC. 6411. SURVEY OF THE TRANSPORTATION SECURITY ADMINISTRATION WORKFORCE REGARDING COVID–19 RESPONSE.(a) Deadline.Consultation.Survey.—Not later than one year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”), in consultation with the labor organization certified as the exclusive representative of full- and part-time nonsupervisory Administration personnel carrying out screening functions under [section 44901 of title 49, United States Code](/us/usc/t49/s44901), shall conduct a survey of the Transportation Security Administration (referred to in this section as the “Administration”) workforce regarding the Administration’s response to the COVID–19 pandemic. Such survey shall be conducted in a manner that allows for the greatest practicable level of workforce participation.
(b)Contents.—In conducting the survey required under subsection (a), the Administrator shall solicit feedback on the following:(1) The Administration’s communication and collaboration with the Administration’s workforce regarding the Administration’s response to the COVID–19 pandemic and efforts to mitigate and monitor transmission of COVID–19 among its workforce, including through—(A) providing employees with personal protective equipment and mandating its use;
(B)modifying screening procedures and Administration operations to reduce transmission among officers and passengers and ensuring compliance with such changes;
(C)adjusting policies regarding scheduling, leave, and telework;
(D)outreach as a part of contact tracing when an employee has tested positive for COVID–19; and
(E)encouraging COVID–19 vaccinations and efforts to assist employees that seek to be vaccinated such as communicating the availability of duty time for travel to vaccination sites and recovery from vaccine side effects.
(2)Any other topic determined appropriate by the Administrator.
(c)Summary.Report.—Not later than 30 days after completing the survey required under subsection (a), the Administration shall provide a report summarizing the results of the survey to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 6412. TRANSPORTATION SECURITY PREPAREDNESS PLAN.(a) Plan Required.—[Section 114 of title 49, United States Code](/us/usc/t49/s114), is amended by adding at the end the following new subsection:"“(x) Transportation Security Preparedness Plan.—“(1) Deadline.Coordination.Consultation.In general.—Not later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with 135 STAT. 2410 the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks. “(2) Considerations.—In developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following:“(A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022. “(B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022. “(C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022. “(D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security. “(E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic. “(3) Contents of plan.—The plan developed under paragraph
(1)shall include each of the following:“(A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners:“(i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces. “(ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title. “(iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers. “(iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C). “(v) The traveling public. “(B) Plans for protecting the safety of the Transportation Security Administration workforce, including—“(i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission; “(ii) ensuring the safety and hygiene of screening checkpoints and other workstations;135 STAT. 2411 “(iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and “(iv) tracking rates of employee illness, recovery, and death. “(C) Criteria.Determination.Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions. “(D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak. “(E) Criteria.Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak. “(F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection
(g)and for what purposes. “(G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures. “(H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak. “(4) Dissemination.—Upon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate. “(5) Deadline.Time period.Coordination.Consultation.Review of plan.—Not later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.” ".
(b)Assessment.Analysis.Comptroller General Report.—Not later than one year after the date on which the transportation security preparedness plan required under subsection
(x)of [section 114 of title 49, United States Code](/us/usc/t49/s114), as added by subsection (a), is disseminated under paragraph
(4)of such subsection (x), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the results of a study assessing the transportation security preparedness plan, including an analysis of—135 STAT. 2412
(1)whether such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks; and
(2)the extent to which the Transportation Security Administration is prepared to implement the plan. SEC. 6413. [49 USC 114 note](/us/usc/t49/s114).AUTHORIZATION OF TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL DETAILS.(a) Coordination.—Pursuant to sections 106(m) and 114(m) of [title 49, United States Code](/us/usc/t49), the Administrator of the Transportation Security Administration may provide Transportation Security Administration personnel, who are not engaged in front line transportation security efforts, to other components of the Department and other Federal agencies to improve coordination with such components and agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States.
(b)Deadline.Briefing.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees regarding efforts to improve coordination with other components of the Department of Homeland Security and other Federal agencies to prepare for, protect against, and respond to public health threats to the transportation security system of the United States. SEC. 6414. TRANSPORTATION SECURITY ADMINISTRATION PREPAREDNESS.(a) Analysis.—(1) In general.—The Administrator of the Transportation Security Administration shall conduct an analysis of preparedness of the transportation security system of the United States for public health threats.Assessment. Such analysis shall assess, at a minimum, the following:(A) The risks of public health threats to the transportation security system of the United States, including to transportation hubs, transportation security stakeholders, Transportation Security Administration
(TSA)personnel, and passengers.
(B)Information sharing challenges among relevant components of the Department of Homeland Security, other Federal agencies, international entities, and transportation security stakeholders.
(C)Impacts to TSA policies and procedures for securing the transportation security system.
(2)Coordination.—The analysis conducted of the risks described in paragraph (1)(A) shall be conducted in coordination with the Chief Medical Officer of the Department of Homeland Security, the Secretary of Health and Human Services, and transportation security stakeholders.
(b)Deadline.Briefing.—Not later than 180 days after the date of the enactment of this Act, the Administrator shall brief the appropriate congressional committees on the following:(1) The analysis required under subsection (a).
(2)Cost estimate.Technologies necessary to combat public health threats at security screening checkpoints, such as testing and screening technologies, including temperature screenings, to better protect from future public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area of an airport through such checkpoints, 135 STAT. 2413 and the estimated cost of technology investments needed to fully implement across the aviation system solutions to such threats.
(3)Procedures.Policies and procedures implemented by TSA and transportation security stakeholders to protect from public health threats TSA personnel, passengers, aviation workers, and other personnel authorized to access the sterile area through the security screening checkpoints, as well as future plans for additional measures relating to such protection.
(4)The role of TSA in establishing priorities, developing solutions, and coordinating and sharing information with relevant domestic and international entities during a public health threat to the transportation security system, and how TSA can improve its leadership role in such areas.
(c)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committee on Homeland Security of the House of Representatives; and
(B)the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.
(2)The term “**sterile area**” has the meaning given such term in [section 1540.5 of title 49, Code of Federal Regulations](/us/cfr/t49/s1540.5).
(3)The term “**TSA**” means the Transportation Security Administration. SEC. 6415. [49 USC 44901 note](/us/usc/t49/s44901).PLAN TO REDUCE THE SPREAD OF CORONAVIRUS AT PASSENGER SCREENING CHECKPOINTS.(a) Deadline.Coordination.Consultation.In General.—Not later than 90 days after the date of the enactment of this Act, the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention, shall issue and commence implementing a plan to enhance, as appropriate, security operations at airports during the COVID–19 national emergency in order to reduce risk of the spread of the coronavirus at passenger screening checkpoints and among the TSA workforce.
(b)Contents.—The plan required under subsection
(a)shall include the following:(1) An identification of best practices developed and screening technologies deployed in response to the coronavirus among foreign governments, airports, and air carriers conducting aviation security screening operations, as well as among Federal agencies conducting similar security screening operations outside of airports, including in locations where the spread of the coronavirus has been successfully contained, that could be further integrated into the United States aviation security system.
(2)Specific operational changes to aviation security screening operations informed by the identification of best practices and screening technologies under paragraph
(1)that could be implemented without degrading aviation security and a corresponding timeline and costs for implementing such changes.135 STAT. 2414
(c)Considerations.—In carrying out the identification of best practices under subsection (b), the Administrator shall take into consideration the following:(1) Aviation security screening procedures and practices in place at security screening locations, including procedures and practices implemented in response to the coronavirus.
(2)Volume and average wait times at each such security screening location.
(3)Public health measures already in place at each such security screening location.
(4)The feasibility and effectiveness of implementing similar procedures and practices in locations where such are not already in place.
(5)The feasibility and potential benefits to security, public health, and travel facilitation of continuing any procedures and practices implemented in response to the COVID–19 national emergency beyond the end of such emergency.
(d)Consultation.—In developing the plan required under subsection (a), the Administrator may consult with public and private stakeholders and the TSA workforce, including through the labor organization certified as the exclusive representative of full- and part-time nonsupervisory TSA personnel carrying out screening functions under [section 44901 of title 49, United States Code](/us/usc/t49/s44901).
(e)Submission.—Upon issuance of the plan required under subsection (a), the Administrator shall submit the plan to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(f)Issuance and Implementation.—The Administrator shall not be required to issue or implement, as the case may be, the plan required under subsection
(a)upon the termination of the COVID–19 national emergency except to the extent the Administrator determines such issuance or implementation, as the case may be, to be feasible and beneficial to security screening operations.
(g)Deadline.GAO Review.—Not later than one year after the issuance of the plan required under subsection
(a)(if such plan is issued in accordance with subsection (f)), the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a review, if appropriate, of such plan and any efforts to implement such plan.
(h)Definitions.—In this section:(1) The term “**Administrator**” means the Administrator of the Transportation Security Administration.
(2)The term “**coronavirus**” has the meaning given such term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ([Public Law 116–123](/us/pl/116/123)).
(3)The term “**COVID–19 national emergency**” means the national emergency declared by the President under the National Emergencies Act ([50 U.S.C. 1601 et seq.](/us/usc/t50/s1601/etseq)) on March 13, 2020, with respect to the coronavirus.
(4)The term “**public and private stakeholders**” has the meaning given such term in [section 114(t)(1)(C) of title 49, United States Code](/us/usc/t49/s114/t/1/C).135 STAT. 2415
(5)The term “**TSA**” means the Transportation Security Administration. SEC. 6416. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS. NotDeadline. later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such reviewExamination. shall examine the following:(1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual’s enrollment in a trusted traveler program being reinstated.
(2)Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department’s own redress processes but which offenses impact an individual’s enrollment in a trusted traveler program.
(3)How the Department may improve individuals’ access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity.
(4)The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program. SEC. 6417. [49 USC 44919 note](/us/usc/t49/s44919).ENROLLMENT REDRESS WITH RESPECT TO DEPARTMENT OF HOMELAND SECURITY TRUSTED TRAVELER PROGRAMS. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon reenrollment in such a program by such an individual. SEC. 6418. [6 USC 124h–1](/us/usc/t6/s124h–1).THREAT INFORMATION SHARING.(a) Prioritization.—The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under section 210A of the Homeland Security Act of 2002 ([6 U.S.C. 124h](/us/usc/t6/s124h)) from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security, to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing, in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, of information regarding threats of terrorism and other threats, including targeted violence.
(b)Intelligence Products.—Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, 135 STAT. 2416 with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that—(1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats;
(2)promote more consistent and timely sharing with and among jurisdictions of threat information; and
(3)enhance the Department of Homeland Security’s situational awareness of such threats.
(c)Clearances.—The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 ([75 Fed. Reg. 162](/us/fr/75/162); relating to a classified national security information program) or any successor Executive order.
(d)Report to Congress.—Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section.
(e)Review.Assessment.Recommenda-tions.GAO Report.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets.
(f)Definitions.—In this section:(1) The term “**surface transportation asset**” includes facilities, equipment, or systems used to provide transportation services by—(A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([Public Law 110–53](/us/pl/110/53); [6 U.S.C. 1131(5)](/us/usc/t6/s1131/5)));
(B)a railroad carrier (as such term is defined in [section 20102(3) of title 49, United States Code](/us/usc/t49/s20102/3));
(C)an owner or operator of—(i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([Public Law 110–53](/us/pl/110/53); [6 U.S.C. 1151(4)](/us/usc/t6/s1151/4))); or135 STAT. 2417
(ii)a bus terminal; or
(D)other transportation facilities, equipment, or systems, as determined by the Secretary.
(2)The term “**targeted violence**” means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.
(3)The term “**terrorism**” means the terms—(A) domestic terrorism (as such term is defined in [section 2331(5) of title 18, United States Code](/us/usc/t18/s2331/5)); and
(B)international terrorism (as such term is defined in [section 2331(1) of title 18, United States Code](/us/usc/t18/s2331/1)). SEC. 6419. [6 USC 1137a](/us/usc/t6/s1137a).LOCAL LAW ENFORCEMENT SECURITY TRAINING.(a) Consultation.In General.—The Secretary of Homeland Security, in consultation with public and private sector stakeholders, may in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to threats of terrorism and other threats, including targeted violence, at a surface transportation asset.
(b)Requirements.—If the Secretary of Homeland Security develops the training program described in subsection (a), such training program shall—(1) be informed by current information regarding tactics used by terrorists and others engaging in targeted violence;
(2)include tactical instruction tailored to the diverse nature of the surface transportation asset operational environment; and
(3)prioritize training officers from law enforcement agencies that are eligible for or receive grants under sections 2003 or 2004 of the Homeland Security Act of 2002 ([6 U.S.C. 604](/us/usc/t6/s604) and 605) and officers employed by railroad carriers that operate passenger service, including interstate passenger service.
(c)Report.—If the Secretary of Homeland Security develops the training program described in subsection (a), not later than one year after the date on which the Secretary first implements the program, and annually thereafter during each year the Secretary carries out the program, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the program. Each such report shall include, for the year covered by the report—(1) a description of the curriculum for the training and any changes to such curriculum;
(2)an identification of any contracts entered into for the development or provision of training under the program;
(3)information on the law enforcement agencies the personnel of which received the training, and for each such agency, the number of participants; and
(4)a description of the measures used to ensure the program was carried out to provide for protections of privacy rights, civil rights, and civil liberties.
(d)Definitions.—In this section:135 STAT. 2418(1) The term “**public and private sector stakeholders**” has the meaning given such term in [section 114(t)(1)(c) of title 49, United States Code](/us/usc/t49/s114/t/1/c).
(2)The term “**surface transportation asset**” includes facilities, equipment, or systems used to provide transportation services by—(A) a public transportation agency (as such term is defined in section 1402(5) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([Public Law 110–53](/us/pl/110/53); [6 U.S.C. 1131(5)](/us/usc/t6/s1131/5)));
(B)a railroad carrier (as such term is defined in [section 20102(3) of title 49, United States Code](/us/usc/t49/s20102/3));
(C)an owner or operator of—(i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in section 1501(4) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([Public Law 110–53](/us/pl/110/53); [6 U.S.C. 1151(4)](/us/usc/t6/s1151/4))); or
(ii)a bus terminal; or
(D)other transportation facilities, equipment, or systems, as determined by the Secretary.
(3)The term “**targeted violence**” means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.
(4)The term “**terrorism**” means the terms—(A) domestic terrorism (as such term is defined in [section 2331(5) of title 18, United States Code](/us/usc/t18/s2331/5)); and
(B)international terrorism (as such term is defined in [section 2331(1) of title 18, United States Code](/us/usc/t18/s2331/1)). SEC. 6420. ALLOWABLE USES OF FUNDS FOR PUBLIC TRANSPORTATION SECURITY ASSISTANCE GRANTS. Subparagraph
(A)of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([6 U.S.C. 1135(b)(2)](/us/usc/t6/s1135/b/2); [Public Law 110–53](/us/pl/110/53)) is amended by inserting “and associated backfill” after “security training”. SEC. 6421. PERIODS OF PERFORMANCE FOR PUBLIC TRANSPORTATION SECURITY ASSISTANCE GRANTS. Section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([6 U.S.C. 1135](/us/usc/t6/s1135); [Public Law 110–53](/us/pl/110/53)) is amended—(1) by redesignating subsection
(m)as subsection (n); and
(2)by inserting after subsection
(l)the following new subsection:"“(m) Periods of Performance.—“(1) In general.—Except as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection
(b)shall remain available for use by a grant recipient for a period of not fewer than 36 months. “(2) Exception.—Funds provided pursuant to a grant awarded under this section for a use specified in subparagraph
(M)or
(N)of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 48 months.” ".135 STAT. 2419 SEC. 6422. GAO REVIEW OF PUBLIC TRANSPORTATION SECURITY ASSISTANCE GRANT PROGRAM.(a) In General.—The Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ([6 U.S.C. 1135](/us/usc/t6/s1135); [Public Law 110–53](/us/pl/110/53)).
(b)Assessments.Scope.—The review required under paragraph
(1)shall include the following:(1) An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph.
(2)An assessment of the manner in which such projects address threats to public transportation infrastructure.
(3)An assessment of the impact, if any, of sections 5342 through 5345 (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program.
(4)An assessment of the management and administration of public transportation security assistance grant program funds by grantees.
(5)Recommenda-tions.Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure.
(6)Recommenda-tions.Recommendations to improve the management and administration of the public transportation security assistance grant program.
(c)Report.—Not later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. SEC. 6423. [6 USC 114 note](/us/usc/t6/s114).SENSITIVE SECURITY INFORMATION; AVIATION SECURITY.(a) Sensitive Security Information.—(1) Deadline.In general.—Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration
(TSA)shall—(A) ensure clear and consistent designation of “Sensitive Security Information”, including reasonable security justifications for such designation;
(B)Schedule.develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines;
(C)develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges;
(D)document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and
(E)ensure that TSA personnel are adequately trained on appropriate designation policies.135 STAT. 2420
(2)Deadline.Stakeholder outreach.—Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration
(TSA)shall conduct outreach to relevant stakeholders described in paragraph (1)(D) that regularly are granted access to Sensitive Security Information to raise awareness of the TSA’s policies and guidelines governing the designation and use of Sensitive Security Information.
(b)[49 USC 114 note](/us/usc/t49/s114).Aviation Security.—(1) Deadline.Guidelines.In general.—Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and implement guidelines with respect to domestic and last point of departure airports to—(A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments;
(B)document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes;
(C)define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs;
(D)conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and
(E)ensure that new security directives and emergency amendments are focused on defined security outcomes.
(2)Deadline.Briefing to congress.—Not later than 90 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the guidelines described in paragraph (1).
(3)Decisions not subject to judicial review.—Notwithstanding any other provision of law, any action of the Administrator of the Transportation Security Administration under paragraph
(1)is not subject to judicial review. TITLE LXV—OTHER MATTERS RELATING TO FOREIGN AFFAIRS Sec. 6501. Authorization for United States Participation in the Coalition for Epidemic Preparedness Innovations. Sec. 6502. Required notification and reports related to Peacekeeping Operations account. Sec. 6503. Transnational Repression Accountability and Prevention. Sec. 6504. Human rights awareness for American athletic delegations. Sec. 6505. Cooperation between the United States and Ukraine regarding the titanium industry.135 STAT. 2421 Sec. 6506. Updates to the National Strategy for Combating Terrorist and Other Illicit Financing. Sec. 6507. Report on net worth of Syrian President Bashar al-Assad. Sec. 6508. Annual report on United States policy toward South Sudan. Sec. 6509. Strategy for engagement with Southeast Asia and ASEAN. Sec. 6510. Supporting democracy in Burma. Sec. 6511. United States Grand Strategy with respect to China. SEC. 6501. [22 USC 276c–5](/us/usc/t22/s276c–5).AUTHORIZATION FOR UNITED STATES PARTICIPATION IN THE COALITION FOR EPIDEMIC PREPAREDNESS INNOVATIONS.(a) In General.—The United States is authorized to participate in the Coalition for Epidemic Preparedness Innovations (referred to in this section as “CEPI”).
(b)President.Investors Council and Board of Directors.—(1) Designation.Initial designation.—The President shall designate an employee of the United States Agency for International Development to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States during the period beginning on the date of such designation and ending on September 30, 2022.
(2)Ongoing designations.—The President may designate an employee of the relevant Federal department or agency with fiduciary responsibility for United States contributions to CEPI to serve on the Investors Council and, if nominated, on the Board of Directors of CEPI, as a representative of the United States.
(3)Qualifications.—Any employee designated pursuant to paragraph
(1)or
(2)shall have demonstrated knowledge and experience in the field of development and, if designated from a Federal department or agency with primary fiduciary responsibility for United States contributions pursuant to paragraph (2), in the field of public health, epidemiology, or medicine.
(4)Coordination.—In carrying out the responsibilities under this section, any employee designated pursuant to paragraph
(1)or
(2)shall coordinate with the Secretary of Health and Human Services to promote alignment, as appropriate, between CEPI and the strategic objectives and activities of the Secretary of Health and Human Services with respect to the research, development, and procurement of medical countermeasures, consistent with titles III and XXVIII of the Public Health Service Act ([42 U.S.C. 241 et seq.](/us/usc/t42/s241/etseq) and 300hh et seq.).
(c)Deadline.Consultation.—Not later than 60 days after the date of the enactment of this Act, the employee designated pursuant to subsection (b)(1) shall consult with the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives regarding—(1) the manner and extent to which the United States plans to participate in CEPI, including through the governance of CEPI;
(2)any planned financial contributions from the United States to CEPI; and
(3)how participation in CEPI is expected to support—(A) the applicable revision of the National Biodefense Strategy required under section 1086 of the National 135 STAT. 2422 Defense Authorization Act for Fiscal Year 2017 ([6 U.S.C. 104](/us/usc/t6/s104)); and
(B)any other relevant programs relating to global health security and biodefense. SEC. 6502. [22 USC 2348 note](/us/usc/t22/s2348).REQUIRED NOTIFICATION AND REPORTS RELATED TO PEACEKEEPING OPERATIONS ACCOUNT.(a) Deadline.Congressional Notification.—Not later than 15 days prior to the obligation of amounts made available to provide assistance pursuant to section 551 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2348](/us/usc/t22/s2348)), the Secretary of State shall submit to the appropriate congressional committees a notification, in accordance with the applicable procedures under section 634A of such Act ([22 U.S.C. 2394–1](/us/usc/t22/s2394–1)), that includes, with respect to such assistance, the following:(1) An itemized identification of each foreign country or entity the capabilities of which the assistance is intended to support.
(2)An identification of the amount, type, and purpose of assistance to be provided to each such country or entity.
(3)Assessment.An assessment of the capacity of each such country or entity to effectively implement, benefit from, or use the assistance to be provided for the intended purpose identified under paragraph (2).
(4)A description of plans to encourage and monitor adherence to international human rights and humanitarian law by the foreign country or entity receiving the assistance.
(5)An identification of any implementers, including third party contractors or other such entities, and the anticipated timeline for implementing any activities to carry out the assistance.
(6)As applicable, a description of plans to sustain and account for any military or security equipment and subsistence funds provided as an element of the assistance beyond the date of completion of such activities, including the estimated cost and source of funds to support such sustainment.
(7)Assessment.An assessment of how such activities promote the following:(A) The diplomatic and national security objectives of the United States.
(B)The objectives and regional strategy of the country or entity receiving the assistance.
(C)The priorities of the United States regarding the promotion of good governance, rule of law, the protection of civilians, and human rights.
(D)The peacekeeping capabilities of partner countries of the country or entity receiving the assistance, including an explanation if such activities do not support peacekeeping.
(8)Assessment.An assessment of the possible impact of such activities on local political and social dynamics, including a description of any consultations with local civil society.
(b)Reports on Programs Under Peacekeeping Operations Account.—(1) Time period.Annual report.—Not later than 90 days after the enactment of this Act, and annually thereafter for 5 years, 135 STAT. 2423 the Secretary of State shall submit to the appropriate congressional committees a report on any security assistance made available, during the three fiscal years preceding the date on which the report is submitted, to foreign countries that received assistance authorized under section 551 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2348](/us/usc/t22/s2348)) for any of the following purposes:(A) Building the capacity of the foreign military, border security, or law enforcement entities, of the country.
(B)Strengthening the rule of law of the country.
(C)Countering violent extremist ideology or recruitment within the country.
(2)Matters.—Each report under paragraph
(1)shall include, with respect to each foreign country that has received assistance as specified in such paragraph, the following:(A) An identification of the authority used to provide such assistance and a detailed description of the purpose of assistance provided.
(B)An identification of the amount of such assistance and the program under which such assistance was provided.
(C)A description of the arrangements to sustain any equipment provided to the country as an element of such assistance beyond the date of completion of the assistance, including the estimated cost and source of funds to support such sustainment.
(D)Assessment.An assessment of the impact of such assistance on the peacekeeping capabilities and security situation of the country, including with respect to the levels of conflict and violence, the local, political, and social dynamics, and the human rights record, of the country.
(c)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives; and
(2)the Committees on Appropriations of the Senate and of the House of Representatives. SEC. 6503. [22 USC 263b](/us/usc/t22/s263b).TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION.(a) Sense of Congress.—It is the sense of Congress that some INTERPOL member countries have repeatedly misused INTERPOL’s databases and processes, including Notice and Diffusion mechanisms, to conduct activities of an overtly political or other unlawful character and in violation of international human rights standards, including by making requests to harass or persecute political opponents, human rights defenders, or journalists.
(b)Support for INTERPOL Institutional Reforms.—The Attorney General and the Secretary of State shall—(1) use the voice, vote, and influence of the United States, as appropriate, within INTERPOL’s General Assembly and Executive Committee to promote reforms aimed at improving the transparency of INTERPOL and ensuring its operation consistent with its Constitution, particularly articles 2 and 3, and Rules on the Processing of Data, including—135 STAT. 2424(A) supporting INTERPOL’s reforms enhancing the screening process for Notices, Diffusions, and other INTERPOL communications to ensure they comply with INTERPOL’s Constitution and Rules on the Processing of Data (RPD);
(B)supporting and strengthening INTERPOL’s coordination with the Commission for Control of INTERPOL’s Files
(CCF)in cases in which INTERPOL or the CCF has determined that a member country issued a Notice, Diffusion, or other INTERPOL communication against an individual in violation of articles 2 or 3 of the INTERPOL Constitution, or the RPD, to prohibit such member country from seeking the publication or issuance of any subsequent Notices, Diffusions, or other INTERPOL communication against the same individual based on the same set of claims or facts;
(C)increasing, to the extent practicable, dedicated funding to the CCF and the Notices and Diffusions Task Force in order to further expand operations related to the review of requests for red notices and red diffusions;
(D)supporting candidates for positions within INTERPOL’s structures, including the Presidency, Executive Committee, General Secretariat, and CCF who have demonstrated experience relating to and respect for the rule of law;
(E)seeking to require INTERPOL in its annual report to provide a detailed account, disaggregated by member country or entity of—(i) the number of Notice requests, disaggregated by color, that it received;
(ii)the number of Notice requests, disaggregated by color, that it rejected;
(iii)the category of violation identified in each instance of a rejected Notice;
(iv)the number of Diffusions that it cancelled without reference to decisions by the CCF; and
(v)the sources of all INTERPOL income during the reporting period; and
(F)supporting greater transparency by the CCF in its annual report by providing a detailed account, disaggregated by country, of—(i) the number of admissible requests for correction or deletion of data received by the CCF regarding issued Notices, Diffusions, and other INTERPOL communications; and
(ii)the category of violation alleged in each such complaint;
(2)inform the INTERPOL General Secretariat about incidents in which member countries abuse INTERPOL communications for politically motivated or other unlawful purposes so that, as appropriate, action can be taken by INTERPOL; and
(3)request to censure member countries that repeatedly abuse and misuse INTERPOL’s red notice and red diffusion mechanisms, including restricting the access of those countries to INTERPOL’s data and information systems.
(c)Report on INTERPOL.—135 STAT. 2425
(1)Time period.Consultation.In general.—Not later than 180 days after the date of enactment of this Act, and biannually thereafter for a period of 4 years, the Attorney General and the Secretary of State, in consultation with the heads of other relevant United States Government departments or agencies, shall submit to the appropriate committees of Congress a report containing an assessment of how INTERPOL member countries abuse INTERPOL Red Notices, Diffusions, and other INTERPOL communications for political motives and other unlawful purposes within the past three years.
(2)Elements.—The report required under paragraph
(1)shall include the following elements:(A) List.Determination.A list of countries that the Attorney General and the Secretary determine have repeatedly abused and misused the red notice and red diffusion mechanisms for political purposes.
(B)A description of the most common tactics employed by member countries in conducting such abuse, including the crimes most commonly alleged and the INTERPOL communications most commonly exploited.
(C)Assessment.An assessment of the adequacy of INTERPOL mechanisms for challenging abusive requests, including the Commission for the Control of INTERPOL’s Files (CCF), an assessment of the CCF’s March 2017 Operating Rules, and any shortcoming the United States believes should be addressed.
(D)A description of how INTERPOL’s General Secretariat identifies requests for red notice or red diffusions that are politically motivated or are otherwise in violation of INTERPOL’s rules and how INTERPOL reviews and addresses cases in which a member country has abused or misused the red notice and red diffusion mechanisms for overtly political purposes.
(E)A description of any incidents in which the Department of Justice assesses that United States courts and executive departments or agencies have relied on INTERPOL communications in contravention of existing law or policy to seek the detention of individuals or render judgments concerning their immigration status or requests for asylum, with holding of removal, or convention against torture claims and any measures the Department of Justice or other executive departments or agencies took in response to these incidents.
(F)A description of how the United States monitors and responds to likely instances of abuse of INTERPOL communications by member countries that could affect the interests of the United States, including citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.135 STAT. 2426
(G)A description of what actions the United States takes in response to credible information it receives concerning likely abuse of INTERPOL communications targeting employees of the United States Government for activities they undertook in an official capacity.
(H)A description of United States advocacy for reform and good governance within INTERPOL.
(I)Strategy.A strategy for improving interagency coordination to identify and address instances of INTERPOL abuse that affect the interests of the United States, including international respect for human rights and fundamental freedoms, citizens and nationals of the United States, employees of the United States Government, aliens lawfully admitted for permanent residence in the United States, aliens who are lawfully present in the United States, or aliens with pending asylum, withholding of removal, or convention against torture claims, though they may be unlawfully present in the United States.
(3)Form of report.—Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex, as appropriate.Public information.Web posting. The unclassified portion of the report shall be posted on a publicly available website of the Department of State and of the Department of Justice.
(4)Deadline.Coordination.Briefing.—Not later than 30 days after the submission of each report under paragraph (1), the Department of Justice and the Department of State, in coordination with other relevant United States Government departments and agencies, shall brief the appropriate committees of Congress on the content of the reports and recent instances of INTERPOL abuse by member countries and United States efforts to identify and challenge such abuse, including efforts to promote reform and good governance within INTERPOL.
(d)Prohibition Regarding Basis for Extradition.—No United States Government department or agency may extradite an individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual.
(e)Definitions.—In this section:(1) Appropriate committees of congress.—The term “**appropriate committees of Congress**” means—(A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and
(B)the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(2)INTERPOL communications.—The term “**INTERPOL communications**” means any INTERPOL Notice or Diffusion or any entry into any INTERPOL database or other communications system maintained by INTERPOL. SEC. 6504. [22 USC 2656k](/us/usc/t22/s2656k).HUMAN RIGHTS AWARENESS FOR AMERICAN ATHLETIC DELEGATIONS.(a) Sense of Congress.—It is the sense of Congress that individuals representing the United States at international athletic competitions in foreign countries should have the opportunity to be informed about human rights and security concerns in such countries and how best to safeguard their personal security and privacy.135 STAT. 2427
(b)In General.—(1) Deadline.Strategy.In general.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall devise and implement a strategy for disseminating briefing materials, including information described in subsection (c), to individuals representing the United States at international athletic competitions in a covered country.
(2)Timing and form of materials.—(A) Deadline.In general.—The briefing materials referred to in paragraph
(1)shall be offered not later than 180 days prior to the commencement of an international athletic competition in a covered country.
(B)Form of delivery.—Briefing materials related to the human rights record of covered countries may be delivered electronically or disseminated in person, as appropriate.
(C)Special consideration.—Information briefing materials related to personal security risks may be offered electronically, in written format, by video teleconference, or prerecorded video.
(3)Consultations.—In devising and implementing the strategy required under paragraph (1), the Secretary of State shall consult with the following:(A) Deadline.The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, not later than 90 days after the date of the enactment of this Act.
(B)Leading human rights nongovernmental organizations and relevant subject-matter experts in determining the content of the briefings required under this subsection.
(C)The United States Olympic and Paralympic Committee and the national governing bodies of amateur sports that play a role in determining which individuals represent the United States in international athletic competitions, regarding the most appropriate and effective method to disseminate briefing materials.
(c)Content of Briefings.—The briefing materials required under subsection
(b)shall include, with respect to a covered country hosting an international athletic competition in which individuals may represent the United States, the following:(1) Information on the human rights concerns present in such covered country, as described in the Department of State’s Annual Country Reports on Human Rights Practices.
(2)Information, as applicable, on risks such individuals may face to their personal and digital privacy and security, and recommended measures to safeguard against certain forms of foreign intelligence targeting, as appropriate.
(d)Covered Country Defined.—In this section, the term “**covered country**” means, with respect to a country hosting an international athletic competition in which individuals representing the United States may participate, any of the following:(1) Any Communist country specified in subsection
(f)of section 620 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2370(f)](/us/usc/t22/s2370/f)).
(2)Any country ranked as a Tier 3 country in the most recent Department of State’s annual Trafficking in Persons Report.135 STAT. 2428
(3)Determination.Any other country the Secretary of State determines presents serious human rights concerns for the purpose of informing such individuals.
(4)Consultation.Determination.Any country the Secretary of State, in consultation with other cabinet officials as appropriate, determines presents a serious counterintelligence risk. SEC. 6505. [22 USC 8902 note](/us/usc/t22/s8902).COOPERATION BETWEEN THE UNITED STATES AND UKRAINE REGARDING THE TITANIUM INDUSTRY.(a) Statement of Policy.—It is the policy of the United States to engage with the Government of Ukraine on cooperation in the titanium industry as a potential alternative to Chinese and Russian sources on which the United States and Europe currently depend.
(b)Reporting Requirement.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that describes the feasibility of utilizing titanium sources from Ukraine as a potential alternative to Chinese and Russian sources.
(c)Form.—The report required by subsection
(b)shall be submitted in unclassified form, but may include a classified annex.
(d)Appropriate Congressional Committees.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
(2)the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. SEC. 6506. UPDATES TO THE NATIONAL STRATEGY FOR COMBATING TERRORIST AND OTHER ILLICIT FINANCING. The Countering Russian Influence in Europe and Eurasia Act of 2017 ([22 U.S.C. 9501 et seq.](/us/usc/t22/s9501/etseq)) is amended—(1) [131 Stat. 934](/us/stat/131/934).in section 261(b)(2)—(A) by striking “2020” and inserting “2024”; and
(B)by striking “2022” and inserting “2026”;
(2)in section 262—(A) [131 Stat. 935](/us/stat/131/935).in paragraph (1)—(i) by striking “in the documents entitled ‘2015 National Money Laundering Risk Assessment’ and ‘2015 National Terrorist Financing Risk Assessment’,” and inserting “in the documents entitled ‘2020 National Strategy for Combating Terrorist and Other Illicit Financing’ and ‘2022 National Strategy for Combating Terrorist and Other Illicit Financing’ ”; and
(ii)by striking “the broader counter terrorism strategy of the United States” and inserting “the broader counter terrorism and national security strategies of the United States”;
(B)in paragraph (6)—(i) by striking “Prevention of illicit finance” and inserting “prevention, detection, and disruption of illicit finance”;
(ii)by striking “private financial sector” and inserting “private sector, including financial and other relevant industries,”; and
(iii)by striking “with regard to the prevention and detection of illicit finance” and inserting “with regard to the prevention, detection, and disruption of illicit finance”; and135 STAT. 2429
(C)[131 Stat. 936](/us/stat/131/936).in paragraph (8), by striking “such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime,”. SEC. 6507. REPORT ON NET WORTH OF SYRIAN PRESIDENT BASHAR AL-ASSAD.(a) In General.—Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the estimated net worth and known sources of income of Syrian President Bashar al-Assad and his family members (including spouse, children, siblings, and paternal and maternal cousins), including income from corrupt or illicit activities and including assets, investments, other business interests, and relevant beneficial ownership information.
(b)Form.—The report required by subsection
(a)shall be submitted in unclassified form, but may contain a classified annex if necessary.Public information.Web posting. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. SEC. 6508. ANNUAL REPORT ON UNITED STATES POLICY TOWARD SOUTH SUDAN.(a) Sense of Congress.—It is the sense of Congress that—(1) the signatories to the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on September 12, 2018, have delayed implementation, leading to continued conflict and instability in South Sudan;
(2)despite years of fighting, 2 peace agreements, punitive actions by the international community, and widespread suffering among civilian populations, the leaders of South Sudan have failed to build sustainable peace;
(3)the United Nations arms embargo on South Sudan, most recently extended by 1 year to May 31, 2022, through United Nations Security Council Resolution 2577 (2021), is necessary to stem the illicit transfer and destabilizing accumulation and misuse of small arms and light weapons in perpetuation of the conflict in South Sudan;
(4)the United States should call on other member states of the United Nations to redouble efforts to enforce the United Nations arms embargo on South Sudan; and
(5)the United States, through the United States Mission to the United Nations, should use its voice and vote in the United Nations Security Council in favor of maintaining the United Nations arms embargo on South Sudan until—(A) the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan is fully implemented; or
(B)credible, fair, and transparent democratic elections are held in South Sudan.
(b)Report Required.—(1) Time period.Consultation.In general.—Not later than 90 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other Federal department and agencies as necessary, shall submit to the appropriate congressional 135 STAT. 2430 committees a report on United States policy toward South Sudan, including the most recent approved interagency strategy developed to address political, security, and humanitarian issues prevalent in the country since it gained independence from Sudan in July 2011.
(2)Assessments.Elements.—The report required by paragraph
(1)shall include the following:(A) An assessment of the situation in South Sudan, including the role of South Sudanese government officials in intercommunal violence, corruption, and obstruction of the peace process.
(B)An assessment of the status of the implementation of the 2018 R-ARCSS and the ongoing peace processes.
(C)A detailed description of United States assistance and other efforts to support peace processes in South Sudan, including an assessment of the efficacy of stakeholder engagement and United States assistance to advance peacebuilding, conflict mitigation, and other related activities.
(D)Time period.An assessment of the United Nations Mission in South Sudan capacity and progress in fulfilling its mandate over the last 3 fiscal years.
(E)A detailed description of United States funding for emergency and non-emergency humanitarian and development assistance to South Sudan, as well as support provided to improve anti-corruption and fiscal transparency efforts in South Sudan over the last 5 fiscal years.
(F)Summary.A summary of United States efforts to promote accountability for human rights abuses and an assessment of efforts by the Government of South Sudan and the African Union, respectively, to hold responsible parties accountable.
(G)Analysis.Analysis of the impact of domestic and international sanctions on deterring and combating corruption, mitigating and reducing conflict, and holding those responsible for human rights abuses accountable.
(H)An assessment of the prospects for, and impediments to, holding credible general elections.
(3)Web posting.Briefing.Form.—The report required by paragraph
(1)shall be submitted in unclassified form and posted to a website of the Department of State, may include a classified annex, and shall be accompanied by a briefing as determined necessary.
(c)Deadline.Time period.Consultation.Briefing.—Not later than 90 days after the date of the enactment of this Act and annually thereafter for 2 years, the Secretary of the Treasury, in consultation with the Secretary of State and the heads of other Federal department and agencies as necessary, shall brief the appropriate congressional committees on United States efforts, including assistance provided by the Department of Treasury and United States law enforcement and intelligence communities, to detect and deter money laundering and counter illicit financial flows, trafficking in persons, weapons, and other illicit goods, and the financing of terrorists and armed groups. Such briefing shall be provided in unclassified setting and may include a classified briefing as determined necessary.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—135 STAT. 2431(1) the Committee on Foreign Relations, the Committee on Banking, and the Committee on Appropriations of the Senate;
(2)the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. SEC. 6509. STRATEGY FOR ENGAGEMENT WITH SOUTHEAST ASIA AND ASEAN.(a) Deadline.Consultation.In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and the Association of Southeast Asian Nations (ASEAN).
(b)Summaries.Matters To Be Included.—The strategy required by subsection
(a)shall include the following:(1) Statement.A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN.
(2)A description of efforts to—(A) deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and
(B)encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN.
(3)A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy innovation and sustainability, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and global health security, and economic, political, and public diplomacy in Southeast Asia.
(4)A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas.
(5)A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, to combat disinformation and to protect the integrity of elections from outside influence.
(6)A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including—(A) maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and135 STAT. 2432
(B)efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication.
(c)Distribution of Strategy.—For the purposes of assuring allies and partners in Southeast Asia and deepening United States engagement with ASEAN, the Secretary of State shall direct each United States chief of mission to ASEAN and its member states to distribute the strategy required by subsection
(a)to host governments.
(d)Appropriate Congressional Committees Defined.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
(2)the Committee on Foreign Relations and the Committee on Armed Services of the Senate. SEC. 6510. SUPPORTING DEMOCRACY IN BURMA.(a) Defined Term.—In this section, the term “**appropriate congressional committees**” means—(1) the Committee on Foreign Relations of the Senate;
(2)the Committee on Foreign Affairs of the House of Representatives;
(3)the Committee on Appropriations of the Senate;
(4)the Committee on Appropriations of the House of Representatives;
(5)the Committee on Armed Services of the Senate;
(6)the Committee on Armed Services of the House of Representatives;
(7)the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(8)the Committee on Financial Services of the House of Representatives.
(b)Briefing Required.—(1) Deadline.In general.—Not later than 60 days after the date of the enactment of this Act, the following officials shall jointly brief the appropriate congressional committees regarding actions taken by the United States Government to further United States policy and security objectives in Burma (officially known as the “Republic of the Union of Myanmar”):(A) The Assistant Secretary of State for East Asian and Pacific Affairs.
(B)The Counselor of the Department of State.
(C)The Under Secretary of the Treasury for Terrorism and Financial Intelligence.
(D)The Assistant to the Administrator for the Bureau for Conflict Prevention and Stabilization.
(E)Additional officials from the Department of Defense or the Intelligence Community, as appropriate.
(2)Information required.—The briefing required under paragraph
(1)shall include—(A) a detailed description of the specific United States policy and security objectives in Burma;
(B)information about any actions taken by the United States, either directly or in coordination with other countries—135 STAT. 2433(i) to support and legitimize the National Unity Government of the Republic of the Union of Myanmar, The Civil Disobedience Movement in Myanmar, and other entities promoting democracy in Burma, while simultaneously denying legitimacy and resources to the Myanmar’s military junta;
(ii)to impose costs on Myanmar’s military junta, including—(I) Assessment.an assessment of the impact of existing United States and international sanctions; and
(II)a description of potential prospects for additional sanctions;
(iii)to secure the restoration of democracy, the establishment of inclusive and representative civilian government, with a reformed military reflecting the diversity of Burma and under civilian control, and the enactment of constitutional, political, and economic reform in Burma;
(iv)to secure the unconditional release of all political prisoners in Burma;
(v)to promote genuine national reconciliation among Burma’s diverse ethnic and religious groups;
(vi)to ensure accountability for atrocities, human rights violations, and crimes against humanity committed by Myanmar’s military junta; and
(vii)to avert a large-scale humanitarian disaster;
(C)Update.an update on the current status of United States assistance programs in Burma, including—(i) humanitarian assistance for affected populations, including internally displaced persons and efforts to mitigate humanitarian and health crises in neighboring countries and among refugee populations;
(ii)democracy assistance, including support to the National Unity Government of the Republic of the Union of Myanmar and civil society groups in Burma;
(iii)economic assistance; and
(iv)global health assistance, including COVID–19 relief; and
(D)a description of the strategic interests in Burma of the People’s Republic of China and the Russian Federation, including—(i) access to natural resources and lines of communications to sea routes; and
(ii)actions taken by such countries—(I) to support Myanmar’s military junta in order to preserve or promote such interests;
(II)to undermine the sovereignty and territorial integrity of Burma; and
(III)to promote ethnic conflict within Burma.
(c)Classification and Format.—The briefing required under subsection (b)—(1) shall be provided in an unclassified setting; and
(2)may be accompanied by a separate classified briefing, as appropriate.135 STAT. 2434 SEC. 6511. UNITED STATES GRAND STRATEGY WITH RESPECT TO CHINA.(a) Deadlines.President.Strategy Required.—(1) In general.—Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](/us/usc/t50/s3043)) after the date of the enactment of this Act, the President shall commence developing a comprehensive report that articulates the strategy of the United States with respect to the People’s Republic of China (in this section referred to as the “China Strategy”) that builds on the work of such national security strategy.
(2)Submittal.—Not later than 270 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](/us/usc/t50/s3043)) after the date of the enactment of this Act, the President shall submit to Congress the China Strategy developed under paragraph (1).
(3)Classified information.Summary.Form.—The China Strategy shall be submitted in classified form and shall include an unclassified summary.
(b)Contents.—The China Strategy developed under subsection
(a)shall set forth the national security strategy of the United States with respect to the People’s Republic of China and shall include a comprehensive description and discussion of the following:(1) The strategy of the People’s Republic of China regarding the military, economic, and political power of China in the Indo-Pacific region and worldwide, including why the People’s Republic of China has decided on such strategy and what the strategy means for the long-term interests, values, goals, and objectives of the United States.
(2)The worldwide interests, values, goals, and objectives of the United States as they relate to geostrategic and geoeconomic competition with the People’s Republic of China.
(3)The foreign and economic policy, worldwide commitments, and national defense capabilities of the United States necessary to deter aggression and to implement the national security strategy of the United States as they relate to the new era of competition with the People’s Republic of China.
(4)How the United States will exercise the political, economic, military, diplomatic, and other elements of its national power to protect or advance its interests and values and achieve the goals and objectives referred to in paragraph (1).
(5)Evaluation.The adequacy of the capabilities of the United States Government to carry out the national security strategy of the United States within the context of new and emergent challenges to the international order posed by the People’s Republic of China, including an evaluation—(A) of the balance among the capabilities of all elements of national power of the United States; and
(B)the balance of all United States elements of national power in comparison to equivalent elements of national power of the People’s Republic of China.
(6)The assumptions and end-state or end-states of the strategy of the United States globally and in the Indo-Pacific region with respect to the People’s Republic of China.
(7)Such other information as the President considers necessary to help inform Congress on matters relating to the 135 STAT. 2435 national security strategy of the United States with respect to the People’s Republic of China.
(c)Advisory Board on United States Grand Strategy With Respect to China.—(1) Establishment.—The President may establish in the executive branch an advisory board to be known as the “Advisory Board on United States Grand Strategy with respect to China” (in this section referred to as the “Board”).
(2)Purpose.—The purpose of the Board is to convene outside experts to advise the President on development of the China Strategy.
(3)Duties.—(A) Review.—The Board shall review the current national security strategy of the United States with respect to the People’s Republic of China, including assumptions, capabilities, strategy, and end-state or end-states.
(B)Assessment and recommendations.—The Board shall analyze the United States national security strategy with respect to the People’s Republic of China, including challenging its assumptions and approach, and make recommendations to the President for the China Strategy.
(C)Classified briefing.—(i) Deadline.In general.—Not later than 30 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2), the Board shall provide the appropriate congressional committees a classified briefing on its review, assessment, and recommendations.
(ii)Appropriate congressional committees defined.—In this subparagraph, the term “**appropriate congressional committees**” means—(I) the congressional defense committees;
(II)the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and
(III)the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.
(4)Composition.—(A) Deadline.Recommendations.—Not later than 30 days after the date on which the President first submits to Congress a national security strategy under section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](/us/usc/t50/s3043)) after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each provide to the President 2 candidates for membership on the Board, at least 1 of whom shall be an individual in the private sector and 1 of whom shall be an individual in academia or employed by a nonprofit research institution.
(B)Membership.—The Board shall be composed of 9 members appointed by the President as follows:(i) The National Security Advisor or such other designee as the President considers appropriate, such as the Asia Coordinator from the National Security Council.135 STAT. 2436
(ii)Four shall be selected from among individuals in the private sector.
(iii)Four shall be selected from among individuals in academia or employed by a nonprofit research institution.
(iv)Two members shall be selected from among individuals included in the list submitted by the majority leader of the Senate under subparagraph (A), of whom—(I) one shall be selected from among individuals in the private sector; and
(II)one shall be selected from among individuals in academia or employed by a nonprofit research institution.
(v)Two members shall be selected from among individuals included in the list submitted by the minority leader of the Senate under subparagraph (A), of whom—(I) one shall be selected from among individuals in the private sector; and
(II)one shall be selected from among individuals in academia or employed by a nonprofit research institution.
(vi)Two members shall be selected from among individuals included in the list submitted by the Speaker of the House of Representatives under subparagraph (A), or whom—(I) one shall be selected from among individuals in the private sector; and
(II)one shall be selected from among individuals in academia or employed by a nonprofit research institution.
(vii)Two members shall be selected from among individuals included in the list submitted by the minority leader of the House of Representatives under subparagraph (A), of whom—(I) one shall be selected from among individuals in the private sector; and
(II)one shall be selected from among individuals in academia or employed by a nonprofit research institution.
(C)Chairperson.—The Chairperson of the Board shall be the member of the Board appointed under subparagraph (B)(i).
(D)Nongovernmental membership; period of appointment; vacancies.—(i) Nongovernmental membership.—Except in the case of the Chairperson of the Board, an individual appointed to the Board may not be an officer or employee of an instrumentality of government.
(ii)Period of appointment.—Members shall be appointed for the life of the Board.
(iii)Vacancies.—Any vacancy in the Board shall be filled in the same manner as the original appointment.
(5)President.Deadline for appointment.—Not later than 60 days after the date on which the President first submits to Congress 135 STAT. 2437 a national security strategy under section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](/us/usc/t50/s3043)) after the date of the enactment of this Act, the President shall—(A) appoint the members of the Board pursuant to paragraph (4); and
(B)List.submit to Congress a list of the members so appointed.
(6)Contracts.Experts and consultants.—The Board is authorized to procure temporary and intermittent services under [section 3109 of title 5, United States Code](/us/usc/t5/s3109), but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under [section 5315 of title 5, United States Code](/us/usc/t5/s5315).
(7)Security clearances.—The appropriate Federal departments or agencies shall cooperate with the Board in expeditiously providing to the Board members and experts and consultants appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances.
(8)Receipt, handling, storage, and dissemination.—Information shall only be received, handled, stored, and disseminated by members of the Board and any experts and consultants consistent with all applicable statutes, regulations, and Executive orders.
(9)Uncompensated service.—A member of the Board who is not an officer or employee of the Federal Government shall serve without compensation.
(10)Cooperation from government.—In carrying out its duties, the Board shall receive the full and timely cooperation of the heads of relevant Federal departments and agencies in providing the Board with analysis, briefings, and other information necessary for the fulfillment of its responsibilities.
(11)Termination.—The Board shall terminate on the date that is 60 days after the date on which the President submits the China Strategy to Congress under subsection (a)(2). TITLE LXVI—OTHER MATTERS Sec. 6601. Eligibility of certain individuals who served with special guerrilla units or irregular forces in Laos for interment in national cemeteries. Sec. 6602. Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria. Sec. 6603. Anomalous health incidents interagency coordinator. Sec. 6604. Chief Human Capital Officers Council annual report. Sec. 6605. National Global War on Terrorism Memorial. Sec. 6606. Establishment of Subcommittee on the Economic and Security Implications of Quantum Information Science. Sec. 6607. Study and report on the redistribution of COVID–19 vaccine doses that would otherwise expire to foreign countries and economies. Sec. 6608. Catawba Indian Nation lands. Sec. 6609. Property disposition for affordable housing. Sec. 6610. Blocking deadly fentanyl imports. SEC. 6601. ELIGIBILITY OF CERTAIN INDIVIDUALS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR FORCES IN LAOS FOR INTERMENT IN NATIONAL CEMETERIES.(a) In General.—[Section 2402(a)(10) of title 38, United States Code](/us/usc/t38/s2402/a/10), is amended—135 STAT. 2438(1) by striking the period at the end and inserting “; or”; and
(2)by adding at the end the following new subparagraph:"“(B) who—“(i) Determination.Time period.the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and “(ii) at the time of the individual’s death—“(I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and “(II) resided in the United States.” ".
(b)[38 USC 2402 note](/us/usc/t38/s2402).Effective Date.—The amendments made by this section shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 ([division J of Public Law 115–141](/us/pl/115/141/dJ); [132 Stat. 824](/us/stat/132/824)). SEC. 6602. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS AFFAIRS OPEN BURN PIT REGISTRY TO INCLUDE OPEN BURN PITS IN EGYPT AND SYRIA. Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ([Public Law 112–260](/us/pl/112/260); [38 U.S.C. 527 note](/us/usc/t38/s527)) is amended, in the matter before subparagraph (A), by striking “or Uzbekistan” and inserting “, Uzbekistan, Egypt, or Syria”. SEC. 6603. [50 USC 3001 note](/us/usc/t50/s3001).ANOMALOUS HEALTH INCIDENTS INTERAGENCY COORDINATOR.(a) Anomalous Health Incidents Interagency Coordinator.—(1) Deadline.President.Designation.—Not later than 30 days after the date of the enactment of this Act, the President shall designate an appropriate senior official to be known as the Anomalous Health Incidents Interagency Coordinator (in this section referred to as the “Interagency Coordinator”).
(2)Duties.—The Interagency Coordinator, working through the interagency national security process, shall, with respect to anomalous health incidents—(A) coordinate the response of the United States Government to such incidents;
(B)coordinate among relevant Federal agencies to ensure equitable and timely access to assessment and care for affected United States Government personnel, dependents of such personnel, and other appropriate individuals;
(C)ensure adequate training and education relating to such incidents for United States Government personnel;
(D)ensure that information regarding such incidents is efficiently shared across relevant Federal agencies in a manner that provides appropriate protections for classified, sensitive, and personal information;
(E)coordinate, in consultation with the Director of the White House Office of Science and Technology Policy, the technological and research efforts of the United States Government to address suspected attacks presenting as such incidents; and135 STAT. 2439
(F)develop policy options to prevent, mitigate, and deter suspected attacks presenting as such incidents.
(b)Designation of Agency Coordination Leads.—(1) Designation; responsibilities.—The head of each relevant agency shall designate an official appointed by the President, by and with the advice and consent of the Senate, or other appropriate senior official, who shall—(A) serve as the Anomalous Health Incident Agency Coordination Lead (in this section referred to as the “Agency Coordination Lead”) for the relevant agency concerned;
(B)report directly to the head of such relevant agency regarding activities carried out under this section;
(C)perform functions specific to such relevant agency and related to anomalous health incidents, consistent with the directives of the Interagency Coordinator and the interagency national security process;
(D)represent such relevant agency in meetings convened by the Interagency Coordinator; and
(E)participate in interagency briefings to Congress regarding the response of the United States Government to anomalous health incidents, including briefings required under subsection (c).
(2)Delegation prohibited.—An Agency Coordination Lead may not delegate any of the responsibilities specified in paragraph (1).
(c)Briefings.—(1) Deadline.Time period.In general.—Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall jointly provide to the appropriate congressional committees a briefing on progress made in carrying out the duties under subsection (b)(2).
(2)Elements.—Each briefing required under paragraph
(1)shall include—(A) Update.an update on the investigation into anomalous health incidents affecting United States Government personnel and dependents of such personnel, including technical causation and suspected perpetrators;
(B)Update.an update on new or persistent anomalous health incidents;
(C)a description of threat prevention and mitigation efforts with respect to anomalous health incidents, to include personnel training;
(D)an identification of any changes to operational posture as a result of anomalous health threats;
(E)Update.an update on diagnosis and treatment efforts for individuals affected by anomalous health incidents, including patient numbers and wait times to access care;
(F)a description of efforts to improve and encourage reporting of anomalous health incidents;
(G)a detailed description of the roles and responsibilities of the Agency Coordination Leads;
(H)information regarding additional authorities or resources needed to support the interagency response to anomalous health incidents; and135 STAT. 2440
(I)such other matters as the Interagency Coordinator or the Agency Coordination Leads may consider appropriate.
(3)Unclassified briefing summary.—(A) Deadline.Time period.In general.—Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter for the following two years, the Agency Coordination Leads shall provide to the appropriate congressional committees a coordinated written summary of the briefings provided under paragraph (1).
(B)Form.—The summary under subparagraph
(A)shall be submitted in an unclassified form to the extent practicable, consistent with the protection of intelligence sources and methods.
(d)Secure Reporting Mechanisms.—Not later than 90 days after the date of the enactment of this section, the Interagency Coordinator shall ensure that the head of each relevant agency—(1) develops a process to provide a secure mechanism for personnel of the relevant agency concerned, the dependents of such personnel, and other appropriate individuals, to self-report any suspected exposure that could be an anomalous health incident;
(2)shares all relevant data reported through such mechanism in a timely manner with the Office of the Director of National Intelligence and other relevant agencies, through existing processes coordinated by the Interagency Coordinator; and
(3)in developing the mechanism pursuant to paragraph (1), prioritizes secure information collection and handling processes to protect classified, sensitive, and personal information.
(e)Workforce Guidance.—(1) President.Development and dissemination.—The President shall direct the heads of the relevant agencies to develop and disseminate to employees of such relevant agencies who are determined to be at risk of exposure to anomalous health incidents updated workforce guidance that describes, at a minimum—(A) the threat posed by anomalous health incidents;
(B)known defensive techniques with respect to anomalous health incidents; and
(C)processes to self-report any suspected exposure that could be an anomalous health incident.
(2)Deadline.—The workforce guidance specified under paragraph
(1)shall be developed and disseminated pursuant to such paragraph by not later than 60 days after the date of the enactment of this Act.
(f)Rule of Construction.—Nothing in this section, including the designation of the Interagency Coordinator pursuant to subsection (a)(1), shall be construed to limit the authority of any Federal agency to independently perform the authorized functions of such agency.
(g)Authorization of Appropriations.—There is authorized to be appropriated to the Secretary of State $5,000,000 for fiscal year 2022, to be used to—(1) increase capacity and staffing for the Health Incident Response Task Force of the Department of State;135 STAT. 2441
(2)support the development and implementation of efforts by the Department of State to prevent and mitigate anomalous health incidents affecting the workforce of the Department;
(3)Investigation.investigate and characterize the cause of anomalous health incidents, including investigations of causation and attribution;
(4)Data.collect and analyze data related to anomalous health incidents;
(5)Coordination.coordinate with other relevant agencies and the National Security Council regarding anomalous health incidents; and
(6)support other activities to understand, prevent, deter, and respond to suspected attacks presenting as anomalous health incidents, at the discretion of the Secretary of State.
(h)Definitions.—In this section:(1) The term “**appropriate congressional committees**” means—(A) the Committees on Armed Services, Foreign Relations, Homeland Security and Governmental Affairs, the Judiciary, and Appropriations, and the Select Committee on Intelligence, of the Senate; and
(B)the Committees on Armed Services, Foreign Affairs, Homeland Security, the Judiciary, and Appropriations, and the Permanent Select Committee on Intelligence, of the House of Representatives.
(2)The term “**relevant Federal agencies**” means—(A) the Department of Defense;
(B)the Department of State;
(C)the Office of the Director of National Intelligence;
(D)the Central Intelligence Agency;
(E)the Department of Justice;
(F)the Department of Homeland Security; and
(G)such other Federal departments or agencies as may be designated by the Interagency Coordinator. SEC. 6604. CHIEF HUMAN CAPITAL OFFICERS COUNCIL ANNUAL REPORT. Subsection
(d)of section 1303 of the Homeland Security Act of 2002 ([Public Law 107–296](/us/pl/107/296); [5 U.S.C. 1401 note](/us/usc/t5/s1401)) is amended to read as follows:"“(d) Annual Reports.—“(1) In general.—Each year, the Chief Human Capital Officers Council shall submit to Congress a report that includes the following:“(A) A description of the activities of the Council. “(B) A description of employment barriers that prevent the agencies of its members from hiring qualified applicants, including those for digital talent positions, and recommendations for addressing the barriers that would allow such agencies to more effectively hire qualified applicants. “(2) Web posting.Public availability.—Not later than 30 days after the date on which the Council submits a report under paragraph (1), the Director of the Office of Personnel Management shall make the report publicly available on the website of the Office of Personnel Management.” ".135 STAT. 2442 SEC. 6605. NATIONAL GLOBAL WAR ON TERRORISM MEMORIAL.(a) Site.—Notwithstanding [section 8908(c) of title 40, United States Code](/us/usc/t40/s8908/c), the National Global War on Terrorism Memorial authorized by section 2(a) of the Global War on Terrorism War Memorial Act ([40 U.S.C. 8903 note](/us/usc/t40/s8903); [Public Law 115–51](/us/pl/115/51); [131 Stat. 1003](/us/stat/131/1003)) (referred to in this section as the “Memorial”) shall be located within the Reserve (as defined in [section 8902(a) of title 40, United States Code](/us/usc/t40/s8902/a)).
(b)Applicability of Commemorative Works Act.—Except as provided in subsection (a), [chapter 89 of title 40, United States Code](/us/usc/t40/ch89) (commonly known as the “Commemorative Works Act”), shall apply to the Memorial. SEC. 6606. ESTABLISHMENT OF SUBCOMMITTEE ON THE ECONOMIC AND SECURITY IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.(a) Establishment.—Title I of the National Quantum Initiative Act ([15 U.S.C. 8811 et seq.](/us/usc/t15/s8811/etseq)) is amended—(1) [15 USC 8815](/us/usc/t15/s8815).by redesignating section 105 as section 106; and
(2)by inserting after section 104 the following new section:"“SEC. 105. [15 USC 8814a](/us/usc/t15/s8814a).SUBCOMMITTEE ON THE ECONOMIC AND SECURITY IMPLICATIONS OF QUANTUM INFORMATION SCIENCE.“(a) Establishment.—The President shall establish, through the National Science and Technology Council, the Subcommittee on the Economic and Security Implications of Quantum Information Science. “(b) Membership.—The Subcommittee shall include a representative of—“(1) the Department of Energy; “(2) the Department of Defense; “(3) the Department of Commerce; “(4) the Department of Homeland Security; “(5) the Office of the Director of National Intelligence; “(6) the Office of Management and Budget; “(7) the Office of Science and Technology Policy; “(8) the Department of Justice; “(9) the National Science Foundation; “(10) the National Institute of Standards and Technology; and “(11) such other Federal department or agency as the President considers appropriate. “(c) Responsibilities.—The Subcommittee shall—“(1) in coordination with the Director of the Office and Management and Budget, the Director of the National Quantum Coordination Office, and the Subcommittee on Quantum Information Science, track investments of the Federal Government in quantum information science research and development; “(2) review and assess any economic or security implications of such investments; “(3) review and assess any counterintelligence risks or other foreign threats to such investments; “(4) recommend goals and priorities for the Federal Government and make recommendations to Federal departments and agencies and the Director of the National Quantum Coordination Office to address any counterintelligence risks or other 135 STAT. 2443 foreign threats identified as a result of an assessment under paragraph (3); “(5) assess the export of technology associated with quantum information science and recommend to the Secretary of Commerce and the Secretary of State export controls necessary to protect the economic and security interests of the United States as a result of such assessment; “(6) recommend to Federal departments and agencies investment strategies in quantum information science that advance the economic and security interest of the United States; “(7) recommend to the Director of National Intelligence and the Secretary of Energy appropriate protections to address counterintelligence risks or other foreign threats identified as a result of the assessment under paragraph (3); and “(8) in coordination with the Subcommittee on Quantum Information Science, ensure the approach of the United States to investments of the Federal Government in quantum information science research and development reflects a balance between scientific progress and the potential economic and security implications of such progress. “(d) Technical and Administrative Support.—“(1) In general.—The Secretary of Energy, the Director of National Intelligence, and the Director of the National Quantum Coordination Office may provide to the Subcommittee personnel, equipment, facilities, and such other technical and administrative support as may be necessary for the Subcommittee to carry out the responsibilities of the Subcommittee under this section. “(2) Support related to classified information.—The Director of the Office of Science and Technology Policy and the Director of National Intelligence shall provide to the Subcommittee technical and administrative support related to the responsibilities of the Subcommittee that involve classified information, including support related to sensitive compartmented information facilities and the storage of classified information.” ".
(b)Sunset for Subcommittee.—(1) Inclusion in sunset provision.—Such title is further amended in section 106, as redesignated by subsection (a), by striking “103, and 104” and inserting “103, 104, and 105”.
(2)[15 USC 8814a note](/us/usc/t15/s8814a).Effective date.—The amendments made by subsection
(a)shall take effect as if included in the enactment of the National Quantum Initiative Act ([15 U.S.C. 8801 et seq.](/us/usc/t15/s8801/etseq)).
(c)Conforming Amendments.—The National Quantum Initiative Act ([15 U.S.C. 8801 et seq.](/us/usc/t15/s8801/etseq)) is further amended—(1) [15 USC 8801](/us/usc/t15/s8801).in section 2, by striking paragraph
(7)and inserting the following new paragraphs:"“(7) Subcommittee on economic and security implications.—The term ‘**Subcommittee on Economic and Security Implications**’ means the Subcommittee on the Economic and Security Implications of Quantum Information Science established under section 105(a). “(8) Subcommittee on quantum information science.—The term ‘**Subcommittee on Quantum Information Science**’ means the Subcommittee on Quantum Information Science of the National Science and Technology Council established under section 103(a).” ";135 STAT. 2444
(2)[15 USC 8812](/us/usc/t15/s8812).in section 102(b)(1)—(A) in subparagraph (A), by striking “; and” and inserting “on Quantum Information Science;”;
(B)in subparagraph (B), by inserting “and” after the semicolon; and
(C)by adding at the end the following new subparagraph:"“(C) the Subcommittee on Economic and Security Implications;” "; and
(3)[15 USC 8814](/us/usc/t15/s8814).in section 104(d)(1), by striking “ and the Subcommittee” and inserting “, the Subcommittee on Quantum Information Science, and the Subcommittee on Economic and Security Implications”.
(d)Clerical Amendment.—The table of contents in section 1(b) of such Act[132 Stat. 5092](/us/stat/132/5092). is amended by striking the item relating to section 105 and inserting the following new items:" “105. Subcommittee on the Economic and Security Implications of Quantum Information Science. “106. Sunset.”. " SEC. 6607. STUDY AND REPORT ON THE REDISTRIBUTION OF COVID–19 VACCINE DOSES THAT WOULD OTHERWISE EXPIRE TO FOREIGN COUNTRIES AND ECONOMIES.(a) Study.—(1) Consultation.Analysis.In general.—The Secretary of Health and Human Services, in consultation with the Secretary of State and the Administrator of the United States Agency for International Development, shall conduct a study to identify and analyze the logistical prerequisites for the collection of unused and unexpired doses of the COVID–19 vaccine in the United States and for the distribution of such doses to foreign countries and economies.
(2)Matters studied.—The matters studied by the Secretary of Health and Human Services under paragraph
(1)shall include—(A) options for the collection of unused and unexpired doses of the COVID–19 vaccine from entities in the United States;
(B)methods for the collection and shipment of such doses to foreign countries and economies;
(C)methods for ensuring the appropriate storage and handling of such doses during and following the distribution and delivery of the doses to such countries and economies;
(D)the capacity and capability of foreign countries and economies receiving such doses to distribute and administer the doses while assuring their safety and quality;
(E)the minimum supply of doses of the COVID–19 vaccine necessary to be retained within the United States; and
(F)other Federal agencies with which the heads of the relevant agencies should coordinate to accomplish the tasks described in subparagraphs
(A)through
(E)and the degree of coordination necessary between such agencies.
(b)Consultation.Report Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human 135 STAT. 2445 Services, in consultation with the other heads of the relevant agencies, shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).
(c)Definitions.—In this section:(1) Appropriate congressional committees.—The term “**appropriate congressional committees**” means—(A) the Committee on Health, Education, Labor, and Pensions, and the Committee on Foreign Relations of the Senate; and
(B)the Committee on Energy and Commerce, and the Committee on Foreign Affairs of the House of Representatives.
(2)Relevant agencies.—The term “**relevant agencies**” means—(A) the Department of Health and Human Services;
(B)the Department of State; and
(C)the United States Agency for International Development. SEC. 6608. South Carolina.CATAWBA INDIAN NATION LANDS.(a) Application of Current Law.—(1) Lands in south carolina.—Section 14 of the Catawba Indian Tribe of South Carolina Claims Settlement Act of 1993 ([Public Law 103–116](/us/pl/103/116)) shall only apply to gaming conducted by the Catawba Indian Nation on lands located in South Carolina.
(2)Lands in states other than south carolina.—Gaming conducted by the Catawba Indian Nation on lands located in States other than South Carolina shall be subject to the Indian Gaming Regulatory Act ([25 U.S.C. 2701 et seq.](/us/usc/t25/s2701/etseq)) and sections 1166 through 1168 of [title 18, United States Code](/us/usc/t18).
(b)Reaffirmation of Status and Actions.—(1) Ratification of trust status.—The action taken by the Secretary of the Interior on July 10, 2020, to place approximately 17 acres of land located in Cleveland County, North Carolina, into trust for the benefit of the Catawba Indian Nation is hereby ratified and confirmed as if that action had been taken under a Federal law specifically authorizing or directing that action.
(2)Administration.—The land placed into trust for the benefit of the Catawba Indian Nation by the Secretary on July 10, 2020, shall—(A) be a part of the Catawba Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe; and
(B)be deemed to have been acquired and taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition pursuant to section 20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act ([25 U.S.C. 2719(b)(1)(B)(iii)](/us/usc/t25/s2719/b/1/B/iii)).
(3)Rules of construction.—Nothing in this section shall—(A) enlarge, impair, or otherwise affect any right or claim of the Catawba Indian Nation to any land or interest in land in existence before the date of the enactment of this Act;135 STAT. 2446
(B)affect any water right of the Catawba Indian Nation in existence before the date of the enactment of this Act;
(C)terminate or limit any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act; or
(D)alter or diminish the right of the Catawba Indian Nation to seek to have additional land taken into trust by the United States for the benefit of the Catawba Indian Nation. SEC. 6609. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING. [Section 5334(h)(1) of title 49, United States Code](/us/usc/t49/s5334/h/1), is amended to read as follows:"“(1) In general.—If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to—“(A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—“(i) Time period.the asset will remain in public use for at least 5 years after the date the asset is transferred; “(ii) there is no purpose eligible for assistance under this chapter for which the asset should be used; “(iii) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and “(iv) through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or “(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—“(i) the asset is a necessary component of a proposed transit-oriented development project; “(ii) the transit-oriented development project will increase transit ridership; “(iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income; “(iv) Time period.the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and135 STAT. 2447 “(v) with respect to a transfer to a third party entity—“(I) a local government authority or nonprofit organization is unable to receive the property; “(II) the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and “(III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.” ". SEC. 6610. Blocking Deadly Fentanyl Imports Act.[22 USC 2151 note](/us/usc/t22/s2151).BLOCKING DEADLY FENTANYL IMPORTS.(a) Short Title.—This section may be cited as the “Blocking Deadly Fentanyl Imports Act”.
(b)Definitions.—Section 481(e) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2291(e)](/us/usc/t22/s2291/e)) is amended—(1) in paragraph (2)—(A) in the matter preceding subparagraph (A), by striking “in which”;
(B)in subparagraph (A), by inserting “in which” before “1,000”;
(C)in subparagraph (B)—(i) by inserting “in which” before “1,000”; and
(ii)by striking “or” at the end;
(D)in subparagraph (C)—(i) by inserting “in which” before “5,000”; and
(ii)by inserting “or” after the semicolon; and
(E)by adding at the end the following:"“(D) that is a significant source of illicit synthetic opioids significantly affecting the United States;” "; and
(2)in paragraph (4)—(A) in subparagraph (C), by striking “and” at the end; and
(B)by adding at the end the following:"“(E) assistance that furthers the objectives set forth in paragraphs
(1)through
(4)of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 ([22 U.S.C. 2151n–2(b)](/us/usc/t22/s2151n–2/b)); “(F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 ([22 U.S.C. 7101 et seq.](/us/usc/t22/s7101/etseq))); and “(G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 ([22 U.S.C. 2151b](/us/usc/t22/s2151b) through [22 U.S.C. 2151b–4](/us/usc/t22/s2151b–4)).” ".
(c)International Narcotics Control Strategy Report.—Section 489(a) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2291h(a)](/us/usc/t22/s2291h/a)) is amended by adding at the end the following:"“(10) A separate section that contains the following:“(A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year. “(B) A description of the extent to which each country identified pursuant to subparagraph
(A)has cooperated with the United States to prevent the articles or chemicals 135 STAT. 2448 described in subparagraph
(A)from being exported from such country to the United States. “(C) A description of whether each country identified pursuant to subparagraph
(A)has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act ([21 U.S.C. 811 et seq.](/us/usc/t21/s811/etseq)) for adding drugs and other substances to the controlled substances schedules; “(D) A description of whether each country identified pursuant to subparagraph
(A)is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act ([21 U.S.C. 802(32)](/us/usc/t21/s802/32)); and “(E) A description of whether each country identified pursuant to subparagraph
(A)requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in [part 1310 of title 21, Code of Federal Regulations](/us/cfr/t21/pt1310), and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.” ".
(d)Withholding of Assistance.—(1) Designation of illicit fentanyl countries without scheduling procedures.—Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ([22 U.S.C. 2291j–1(2)](/us/usc/t22/s2291j–1/2)) is amended—(A) in the matter preceding subparagraph (A), by striking “also”;
(B)in subparagraph (A)(ii), by striking “and” at the end;
(C)by redesignating subparagraph
(B)as subparagraph (D);
(D)by inserting after subparagraph
(A)the following:"“(B) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2291h(a)(10)](/us/usc/t22/s2291h/a/10)) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act ([21 U.S.C. 811 et seq.](/us/usc/t21/s811/etseq)) for adding drugs and other substances to the controlled substances schedules;” "; and
(E)in subparagraph (D), as redesignated, by striking “so designated” and inserting “designated under subparagraph (A), (B), or (C)”.
(2)Designation of illicit fentanyl countries without ability to prosecute criminals for the manufacture or distribution of fentanyl analogues.—Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ([22 U.S.C. 2291j–1(2)](/us/usc/t22/s2291j–1/2)), as amended by paragraph (2), is further amended by inserting after subparagraph
(B)the following:"“(C) designate each country, if any, identified under section 489(a)(10) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2291h(a)(10)](/us/usc/t22/s2291h/a/10)) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues 135 STAT. 2449 (as defined in section 102(32) of the Controlled Substances Act ([21 U.S.C. 802(32)](/us/usc/t21/s802/32));” ".
(3)Limitation on assistance for designated countries.—Section 706(3)Time period. of the Foreign Relations Authorization Act, Fiscal Year 2003 ([22 U.S.C. 2291j–1(3)](/us/usc/t22/s2291j–1/3)) is amended by striking “also designated under paragraph
(2)in the report” and inserting “designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph
(B)or
(C)of paragraph (2)”.
(4)Exceptions to the limitation on assistance.—Section 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 ([22 U.S.C. 2291j–1(5)](/us/usc/t22/s2291j–1/5)) is amended—(A) by redesignating subparagraph
(C)as subparagraph (F);
(B)by inserting after subparagraph
(B)the following:"“(C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 ([22 U.S.C. 2291(e)(4)(E)](/us/usc/t22/s2291/e/4/E))) shall be provided to countries identified in a report under paragraph
(1)and designated under subparagraph
(B)or
(C)of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. “(D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph
(1)and designated under subparagraph
(B)or
(C)of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph. “(E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph
(1)and designated under subparagraph
(B)or
(C)of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph” "; and
(C)in subparagraph (F), as redesignated, by striking “section clause
(i)or
(ii)of” and inserting “clause
(i)or
(ii)of section”.135 STAT. 2450
(e)[22 USC 2291 note](/us/usc/t22/s2291).Effective Date.—The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act. Approved December 27, 2021. LEGISLATIVE HISTORY—[S. 1605](/us/bill/117/s/1605) ([H.R. 4350](/us/bill/117/hr/4350)): HOUSE REPORTS: ┐No. [117–118](/us/hrpt/117/118) and Pt. 2 (both from Comm. on Armed Services) accompanying [H.R. 4350](/us/bill/117/hr/4350). CONGRESSIONAL RECORD, Vol. 167 (2021): June 9, considered and passed Senate.Dec. 7, considered and passed House, amended.Dec. 8, 14, 15, Senate considered and concurred in House amendment. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Dec. 27, Presidential statement. CONCURRENT RESOLUTIONS—JAN. 3, 2021 FIRST SESSION, ONE HUNDRED SEVENTEENTH CONGRESS S.Con.Res. 1: JOINT SESSION—ELECTORAL VOTE COUNT GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 Senate Concurrent Resolution1Jan. 3, 2021 Jan. 3, 2021[[S. Con. Res. 1](/us/bill//sconres/1)]JOINT SESSION—ELECTORAL VOTE COUNT * Resolved by the Senate (the House of Representatives concurring),* That the two Houses of Congress shall meet in the Hall of the House of Representatives on Wednesday, the 6th day of January 2021, at 1 0’clock post meridian, pursuant to the requirements of the Constitution and laws relating to the election of President and Vice President of the United States, and the President of the Senate shall be their Presiding Officer; that two tellers shall be previously appointed by the President of the Senate on the part of the Senate and two by the Speaker on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter “A”; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from said certificates; and the votes having been ascertained and counted in the manner and according to the rules by law provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and together with a list of the votes, be entered on the Journals of the two Houses. Agreed to January 3, 2021. S.Con.Res. 2: JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES—REAUTHORIZATION AND CAPITOL AUTHORIZATIONS GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 Senate Concurrent Resolution2Jan. 3, 2021 JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES—Jan. 3, 2021[[S. Con. Res. 2](/us/bill//sconres/2)]REAUTHORIZATION AND CAPITOL AUTHORIZATIONS * Resolved by the Senate (the House of Representatives concurring),* SECTION 1. REAUTHORIZATION OF JOINT COMMITTEE.Effective from January 3, 2021, the joint committee created by Senate Concurrent Resolution 38 (116th Congress), agreed to June 26, 2020, to make the necessary arrangements for the inauguration of the President-elect and the Vice President-elect of the United States, is continued with the same power and authority provided for in that resolution. SEC. 2. USE OF CAPITOL.The rotunda and Emancipation Hall of the United States Capitol are authorized to be used on January 10, 2021, January 17, 2021, and January 20, 2021 by the joint committee created by Senate Concurrent Resolution 38 (116th Congress), agreed to June 26, 2020, in connection with the proceedings and ceremonies conducted for the inauguration of the President-elect and the Vice President-elect of the United States. Agreed to January 3, 2021. H.Con.Res. 10: BRIAN D. SICKNICK—LYING IN HONOR—CAPITOL ROTUNDA AUTHORIZATION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 House Concurrent Resolution10Feb. 1, 2021 BRIAN D. SICKNICK—LYING IN HONOR—Feb. 1, 2021[[H. Con. Res. 10](/us/bill//hconres/10)]CAPITOL ROTUNDA AUTHORIZATION * Resolved by the House of Representatives (the Senate concurring),* That the remains of the late United States Capitol Police Officer Brian D. Sicknick shall be permitted to lie in honor in the rotunda of the Capitol from February 2, 2021, through February 3, 2021, and the Architect of the Capitol, under the direction of the Speaker of the House of Representatives and the President pro tempore of the Senate, shall take all necessary steps for the accomplishment of that purpose. Agreed to February 1, 2021. [S.Con.Res.5 [S. Con. Res. 5: FEDERAL BUDGET—FISCAL YEAR 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 [S. Con. Res. 5Feb. 5, 2021 Feb. 5, 2021[S. Con. Res. 5FEDERAL BUDGET—FISCAL YEAR 2021 * Resolved by the Senate (the House of Representatives concurring),* SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2021.(a) Declaration.—Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2021 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2022 through 2030.
(b)Table of Contents.—The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2021. TITLE I— RECOMMENDED LEVELS AND AMOUNTS Subtitle A— Budgetary Levels in Both Houses Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories. Subtitle B— Levels and Amounts in the Senate Sec. 1201. Social security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate. TITLE II— RECONCILIATION Sec. 2001. Reconciliation in the House of Representatives. Sec. 2002. Reconciliation in the Senate. TITLE III— RESERVE FUNDS Sec. 3001. Reserve fund for reconciliation legislation. Sec. 3002. Reserve fund for deficit-neutral legislation. Sec. 3003. Deficit-neutral reserve fund relating to establishing a fund to provide grants to food service and drinking establishments affected by the COVID–19 pandemic. Sec. 3004. Deficit-neutral reserve fund relating to preventing tax increases on small businesses during a pandemic. Sec. 3005. Deficit-neutral reserve fund relating to the authority of States and other taxing jurisdictions to tax certain income of employees working in other States or taxing jurisdictions. Sec. 3006. Deficit-neutral reserve fund relating to targeting economic impact payments to Americans who are suffering from the effects of COVID–19. Sec. 3007. Deficit-neutral reserve fund relating to COVID–19 vaccine administration and a public awareness campaign. Sec. 3008. Deficit-neutral reserve fund relating to supporting elementary and secondary schools in States with lost revenue due to the Federal moratorium on oil and natural gas leasing on public lands and offshore waters. Sec. 3009. Deficit-neutral reserve fund relating to strengthening the Provider Relief Fund. Sec. 3010. Deficit-neutral reserve fund relating to improving services and interventions relating to sexual assault, family violence, domestic violence, dating violence, and child abuse. Sec. 3011. Deficit-neutral reserve fund relating to supporting hospitality, conventions, trade shows, entertainment, tourism, and travel and their workers. Sec. 3012. Deficit-neutral reserve fund relating to maintaining the United States Embassy in Jerusalem, Israel. Sec. 3013. Deficit-neutral reserve fund relating to increasing the Federal minimum wage during a global pandemic. Sec. 3014. Deficit-neutral reserve fund relating to funding the police. Sec. 3015. Deficit-neutral reserve fund relating to providing information online regarding the expenditure of COVID–19 relief funds. Sec. 3016. Deficit-neutral reserve fund relating to improving the solvency of Federal trust funds. Sec. 3017. Deficit-neutral reserve fund relating to Federal environmental and water policies. Sec. 3018. Deficit-neutral reserve fund relating to Federal relief funds for State or local governments. Sec. 3019. Deficit-neutral reserve fund relating to prohibiting actions by the executive branch that would make the United States more reliant on countries with weaker environmental or labor standards for oil, gas, or hardrock mineral production. Sec. 3020. Deficit-neutral reserve fund relating to expanding health savings accounts. TITLE IV— OTHER MATTERS Sec. 4001. Enforcement filing. Sec. 4002. Budgetary treatment of administrative expenses. Sec. 4003. Application and effect of changes in allocations, aggregates, and other budgetary levels. Sec. 4004. Adjustments to reflect changes in concepts and definitions. Sec. 4005. Adjustment for changes in the baseline. Sec. 4006. Limitation on advance appropriations. Sec. 4007. Repeal of supermajority enforcement requirement. Sec. 4008. Exercise of rulemaking powers. TITLE I—RECOMMENDED LEVELS AND AMOUNTS Subtitle A—Budgetary Levels in Both Houses SEC. 1101. RECOMMENDED LEVELS AND AMOUNTS.The following budgetary levels are appropriate for each of fiscal years 2021 through 2030:(1) Federal revenues.—For purposes of the enforcement of this resolution:(A) The recommended levels of Federal revenues are as follows: Fiscal year 2021: $2,303,274,000,000.Fiscal year 2022: $2,768,717,000,000.Fiscal year 2023: $2,971,083,000,000.Fiscal year 2024: $3,092,643,000,000.Fiscal year 2025: $3,236,199,000,000.Fiscal year 2026: $3,514,253,000,000.Fiscal year 2027: $3,762,577,000,000.Fiscal year 2028: $3,883,209,000,000.Fiscal year 2029: $4,007,991,000,000.Fiscal year 2030: $4,121,665,000,000.(B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2021: −$15,670,000,000.Fiscal year 2022: −$17,390,000,000.Fiscal year 2023: $102,000,000.Fiscal year 2024: $226,000,000.Fiscal year 2025: $216,000,000.Fiscal year 2026: $181,000,000.Fiscal year 2027: $98,000,000.Fiscal year 2028: −$106,000,000.Fiscal year 2029: −$121,000,000.Fiscal year 2030: −$128,000,000.(2) New budget authority.—For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2021: $6,020,543,000,000.Fiscal year 2022: $4,091,342,000,000.Fiscal year 2023: $4,011,132,000,000.Fiscal year 2024: $4,072,784,000,000.Fiscal year 2025: $4,267,538,000,000.Fiscal year 2026: $4,449,047,000,000.Fiscal year 2027: $4,642,875,000,000.Fiscal year 2028: $4,960,846,000,000.Fiscal year 2029: $5,082,932,000,000.Fiscal year 2030: $5,471,756,000,000.(3) Budget outlays.—For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2021: $6,140,857,000,000.Fiscal year 2022: $4,298,244,000,000.Fiscal year 2023: $4,070,343,000,000.Fiscal year 2024: $4,070,242,000,000.Fiscal year 2025: $4,250,436,000,000.Fiscal year 2026: $4,425,376,000,000.Fiscal year 2027: $4,606,887,000,000.Fiscal year 2028: $4,950,170,000,000.Fiscal year 2029: $5,019,083,000,000.Fiscal year 2030: $5,419,949,000,000.(4) Deficits.—For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2021: $3,837,583,000,000.Fiscal year 2022: $1,529,527,000,000.Fiscal year 2023: $1,099,260,000,000.Fiscal year 2024: $977,599,000,000.Fiscal year 2025: $1,014,237,000,000.Fiscal year 2026: $911,123,000,000.Fiscal year 2027: $844,310,000,000.Fiscal year 2028: $1,066,961,000,000.Fiscal year 2029: $1,011,092,000,000.Fiscal year 2030: $1,298,284,000,000.(5) Public debt.—Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ([2 U.S.C. 632(a)(5)](/us/usc/t2/s632/a/5)), the appropriate levels of the public debt are as follows: Fiscal year 2021: $29,943,000,000,000.Fiscal year 2022: $31,647,000,000,000.Fiscal year 2023: $32,911,000,000,000.Fiscal year 2024: $34,102,000,000,000.Fiscal year 2025: $35,262,000,000,000.Fiscal year 2026: $36,311,000,000,000.Fiscal year 2027: $37,261,000,000,000.Fiscal year 2028: $38,443,000,000,000.Fiscal year 2029: $39,652,000,000,000.Fiscal year 2030: $41,068,000,000,000.(6) Debt held by the public.—The appropriate levels of debt held by the public are as follows: Fiscal year 2021: $24,081,000,000,000.Fiscal year 2022: $25,818,000,000,000.Fiscal year 2023: $27,153,000,000,000.Fiscal year 2024: $28,380,000,000,000.Fiscal year 2025: $29,610,000,000,000.Fiscal year 2026: $30,730,000,000,000.Fiscal year 2027: $31,882,000,000,000.Fiscal year 2028: $33,333,000,000,000.Fiscal year 2029: $34,768,000,000,000.Fiscal year 2030: $36,518,000,000,000. SEC. 1102. MAJOR FUNCTIONAL CATEGORIES.Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2021 through 2030 for each major functional category are:(1) National Defense (050): Fiscal year 2021:(A) New budget authority, $762,552,000,000.(B) Outlays, $748,719,000,000. Fiscal year 2022:(A) New budget authority, $776,986,000,000.(B) Outlays, $766,960,000,000. Fiscal year 2023:(A) New budget authority, $792,882,000,000.(B) Outlays, $773,777,000,000. Fiscal year 2024:(A) New budget authority, $810,362,000,000.(B) Outlays, $782,210,000,000. Fiscal year 2025:(A) New budget authority, $828,950,000,000.(B) Outlays, $804,311,000,000. Fiscal year 2026:(A) New budget authority, $847,993,000,000.(B) Outlays, $821,641,000,000. Fiscal year 2027:(A) New budget authority, $868,011,000,000.(B) Outlays, $840,472,000,000. Fiscal year 2028:(A) New budget authority, $888,637,000,000.(B) Outlays, $865,412,000,000. Fiscal year 2029:(A) New budget authority, $909,676,000,000.(B) Outlays, $874,729,000,000. Fiscal year 2030:(A) New budget authority, $931,654,000,000.(B) Outlays, $901,459,000,000.
(2)International Affairs (150): Fiscal year 2021:(A) New budget authority, $85,042,000,000.(B) Outlays, $47,310,000,000. Fiscal year 2022:(A) New budget authority, $64,249,000,000.(B) Outlays, $58,941,000,000. Fiscal year 2023:(A) New budget authority, $60,410,000,000.(B) Outlays, $60,004,000,000. Fiscal year 2024:(A) New budget authority, $61,722,000,000.(B) Outlays, $59,578,000,000. Fiscal year 2025:(A) New budget authority, $63,114,000,000.(B) Outlays, $60,371,000,000. Fiscal year 2026:(A) New budget authority, $64,518,000,000.(B) Outlays, $61,851,000,000. Fiscal year 2027:(A) New budget authority, $66,053,000,000.(B) Outlays, $63,271,000,000. Fiscal year 2028:(A) New budget authority, $67,608,000,000.(B) Outlays, $64,814,000,000. Fiscal year 2029:(A) New budget authority, $69,140,000,000.(B) Outlays, $66,100,000,000. Fiscal year 2030:(A) New budget authority, $70,703,000,000.(B) Outlays, $67,498,000,000.
(3)General Science, Space, and Technology (250): Fiscal year 2021:(A) New budget authority, $38,543,000,000.(B) Outlays, $35,563,000,000. Fiscal year 2022:(A) New budget authority, $38,029,000,000.(B) Outlays, $37,267,000,000. Fiscal year 2023:(A) New budget authority, $38,791,000,000.(B) Outlays, $38,167,000,000. Fiscal year 2024:(A) New budget authority, $39,609,000,000.(B) Outlays, $38,841,000,000. Fiscal year 2025:(A) New budget authority, $40,471,000,000.(B) Outlays, $39,604,000,000. Fiscal year 2026:(A) New budget authority, $41,342,000,000.(B) Outlays, $40,432,000,000. Fiscal year 2027:(A) New budget authority, $42,249,000,000.(B) Outlays, $41,291,000,000. Fiscal year 2028:(A) New budget authority, $43,169,000,000.(B) Outlays, $42,181,000,000. Fiscal year 2029:(A) New budget authority, $44,096,000,000.(B) Outlays, $43,095,000,000. Fiscal year 2030:(A) New budget authority, $45,065,000,000.(B) Outlays, $44,035,000,000.
(4)Energy (270): Fiscal year 2021:(A) New budget authority, $4,057,000,000.(B) Outlays, $5,280,000,000. Fiscal year 2022:(A) New budget authority, $6,050,000,000.(B) Outlays, $5,076,000,000. Fiscal year 2023:(A) New budget authority, $5,730,000,000.(B) Outlays, $4,542,000,000. Fiscal year 2024:(A) New budget authority, $5,834,000,000.(B) Outlays, $4,760,000,000. Fiscal year 2025:(A) New budget authority, $5,948,000,000.(B) Outlays, $4,857,000,000. Fiscal year 2026:(A) New budget authority, $5,819,000,000.(B) Outlays, $4,810,000,000. Fiscal year 2027:(A) New budget authority, $5,928,000,000.(B) Outlays, $4,886,000,000. Fiscal year 2028:(A) New budget authority, $7,846,000,000.(B) Outlays, $6,806,000,000. Fiscal year 2029:(A) New budget authority, $8,318,000,000.(B) Outlays, $7,337,000,000. Fiscal year 2030:(A) New budget authority, $8,502,000,000.(B) Outlays, $7,601,000,000.
(5)Natural Resources and Environment (300): Fiscal year 2021:(A) New budget authority, $50,042,000,000.(B) Outlays, $47,053,000,000. Fiscal year 2022:(A) New budget authority, $51,243,000,000.(B) Outlays, $49,042,000,000. Fiscal year 2023:(A) New budget authority, $53,061,000,000.(B) Outlays, $50,890,000,000. Fiscal year 2024:(A) New budget authority, $54,116,000,000.(B) Outlays, $52,475,000,000. Fiscal year 2025:(A) New budget authority, $55,219,000,000.(B) Outlays, $54,269,000,000. Fiscal year 2026:(A) New budget authority, $54,734,000,000.(B) Outlays, $55,807,000,000. Fiscal year 2027:(A) New budget authority, $55,899,000,000.(B) Outlays, $57,090,000,000. Fiscal year 2028:(A) New budget authority, $57,141,000,000.(B) Outlays, $58,098,000,000. Fiscal year 2029:(A) New budget authority, $58,378,000,000.(B) Outlays, $59,056,000,000. Fiscal year 2030:(A) New budget authority, $59,616,000,000.(B) Outlays, $59,946,000,000.
(6)Agriculture (350): Fiscal year 2021:(A) New budget authority, $49,067,000,000.(B) Outlays, $50,970,000,000. Fiscal year 2022:(A) New budget authority, $28,047,000,000.(B) Outlays, $28,576,000,000. Fiscal year 2023:(A) New budget authority, $28,130,000,000.(B) Outlays, $27,794,000,000. Fiscal year 2024:(A) New budget authority, $27,909,000,000.(B) Outlays, $27,424,000,000. Fiscal year 2025:(A) New budget authority, $27,496,000,000.(B) Outlays, $26,898,000,000. Fiscal year 2026:(A) New budget authority, $27,675,000,000.(B) Outlays, $27,055,000,000. Fiscal year 2027:(A) New budget authority, $27,535,000,000.(B) Outlays, $26,873,000,000. Fiscal year 2028:(A) New budget authority, $27,715,000,000.(B) Outlays, $27,072,000,000. Fiscal year 2029:(A) New budget authority, $27,752,000,000.(B) Outlays, $27,083,000,000. Fiscal year 2030:(A) New budget authority, $28,058,000,000.(B) Outlays, $27,392,000,000.
(7)Commerce and Housing Credit (370): Fiscal year 2021:(A) New budget authority, −$242,699,000,000.(B) Outlays, $327,529,000,000. Fiscal year 2022:(A) New budget authority, $19,497,000,000.(B) Outlays, $36,392,000,000. Fiscal year 2023:(A) New budget authority, $20,198,000,000.(B) Outlays, $18,376,000,000. Fiscal year 2024:(A) New budget authority, $21,159,000,000.(B) Outlays, $18,015,000,000. Fiscal year 2025:(A) New budget authority, $20,943,000,000.(B) Outlays, $16,507,000,000. Fiscal year 2026:(A) New budget authority, $21,827,000,000.(B) Outlays, $15,783,000,000. Fiscal year 2027:(A) New budget authority, $22,117,000,000.(B) Outlays, $15,520,000,000. Fiscal year 2028:(A) New budget authority, $21,953,000,000.(B) Outlays, $16,174,000,000. Fiscal year 2029:(A) New budget authority, $22,222,000,000.(B) Outlays, $15,056,000,000. Fiscal year 2030:(A) New budget authority, $21,683,000,000.(B) Outlays, $13,389,000,000.
(8)Transportation (400): Fiscal year 2021:(A) New budget authority, $206,391,000,000.(B) Outlays, $185,619,000,000. Fiscal year 2022:(A) New budget authority, $104,160,000,000.(B) Outlays, $119,664,000,000. Fiscal year 2023:(A) New budget authority, $104,738,000,000.(B) Outlays, $112,309,000,000. Fiscal year 2024:(A) New budget authority, $105,569,000,000.(B) Outlays, $105,989,000,000. Fiscal year 2025:(A) New budget authority, $106,120,000,000.(B) Outlays, $108,527,000,000. Fiscal year 2026:(A) New budget authority, $107,067,000,000.(B) Outlays, $111,187,000,000. Fiscal year 2027:(A) New budget authority, $108,278,000,000.(B) Outlays, $113,982,000,000. Fiscal year 2028:(A) New budget authority, $109,339,000,000.(B) Outlays, $116,164,000,000. Fiscal year 2029:(A) New budget authority, $110,222,000,000.(B) Outlays, $118,680,000,000. Fiscal year 2030:(A) New budget authority, $111,372,000,000.(B) Outlays, $121,056,000,000.
(9)Community and Regional Development (450): Fiscal year 2021:(A) New budget authority, $127,525,000,000.(B) Outlays, $98,043,000,000. Fiscal year 2022:(A) New budget authority, $32,000,000,000.(B) Outlays, $51,963,000,000. Fiscal year 2023:(A) New budget authority, $32,624,000,000.(B) Outlays, $48,433,000,000. Fiscal year 2024:(A) New budget authority, $33,318,000,000.(B) Outlays, $45,776,000,000. Fiscal year 2025:(A) New budget authority, $34,031,000,000.(B) Outlays, $43,758,000,000. Fiscal year 2026:(A) New budget authority, $34,763,000,000.(B) Outlays, $42,053,000,000. Fiscal year 2027:(A) New budget authority, $35,520,000,000.(B) Outlays, $42,217,000,000. Fiscal year 2028:(A) New budget authority, $36,283,000,000.(B) Outlays, $42,162,000,000. Fiscal year 2029:(A) New budget authority, $37,048,000,000.(B) Outlays, $42,100,000,000. Fiscal year 2030:(A) New budget authority, $37,843,000,000.(B) Outlays, $42,189,000,000.
(10)Education, Training, Employment, and Social Services (500): Fiscal year 2021:(A) New budget authority, $372,350,000,000.(B) Outlays, $160,006,000,000. Fiscal year 2022:(A) New budget authority, $115,812,000,000.(B) Outlays, $178,392,000,000. Fiscal year 2023:(A) New budget authority, $116,259,000,000.(B) Outlays, $154,773,000,000. Fiscal year 2024:(A) New budget authority, $118,661,000,000.(B) Outlays, $150,171,000,000. Fiscal year 2025:(A) New budget authority, $121,803,000,000.(B) Outlays, $144,105,000,000. Fiscal year 2026:(A) New budget authority, $125,194,000,000.(B) Outlays, $134,645,000,000. Fiscal year 2027:(A) New budget authority, $128,638,000,000.(B) Outlays, $130,729,000,000. Fiscal year 2028:(A) New budget authority, $132,003,000,000.(B) Outlays, $131,492,000,000. Fiscal year 2029:(A) New budget authority, $134,674,000,000.(B) Outlays, $132,652,000,000. Fiscal year 2030:(A) New budget authority, $137,812,000,000.(B) Outlays, $135,558,000,000.
(11)Health (550): Fiscal year 2021:(A) New budget authority, $943,093,000,000.(B) Outlays, $882,818,000,000. Fiscal year 2022:(A) New budget authority, $748,503,000,000.(B) Outlays, $797,760,000,000. Fiscal year 2023:(A) New budget authority, $713,126,000,000.(B) Outlays, $722,016,000,000. Fiscal year 2024:(A) New budget authority, $720,847,000,000.(B) Outlays, $730,335,000,000. Fiscal year 2025:(A) New budget authority, $754,383,000,000.(B) Outlays, $753,709,000,000. Fiscal year 2026:(A) New budget authority, $790,057,000,000.(B) Outlays, $785,131,000,000. Fiscal year 2027:(A) New budget authority, $825,982,000,000.(B) Outlays, $820,641,000,000. Fiscal year 2028:(A) New budget authority, $858,454,000,000.(B) Outlays, $858,986,000,000. Fiscal year 2029:(A) New budget authority, $900,409,000,000.(B) Outlays, $901,525,000,000. Fiscal year 2030:(A) New budget authority, $955,814,000,000.(B) Outlays, $946,672,000,000.
(12)Medicare (570): Fiscal year 2021:(A) New budget authority, $766,853,000,000.(B) Outlays, $766,005,000,000. Fiscal year 2022:(A) New budget authority, $745,579,000,000.(B) Outlays, $745,556,000,000. Fiscal year 2023:(A) New budget authority, $838,359,000,000.(B) Outlays, $838,200,000,000. Fiscal year 2024:(A) New budget authority, $851,671,000,000.(B) Outlays, $851,452,000,000. Fiscal year 2025:(A) New budget authority, $958,756,000,000.(B) Outlays, $958,451,000,000. Fiscal year 2026:(A) New budget authority, $1,026,856,000,000.(B) Outlays, $1,026,484,000,000. Fiscal year 2027:(A) New budget authority, $1,098,460,000,000.(B) Outlays, $1,098,027,000,000. Fiscal year 2028:(A) New budget authority, $1,244,688,000,000.(B) Outlays, $1,244,201,000,000. Fiscal year 2029:(A) New budget authority, $1,184,583,000,000.(B) Outlays, $1,184,048,000,000. Fiscal year 2030:(A) New budget authority, $1,331,736,000,000.(B) Outlays, $1,331,161,000,000.
(13)Income Security (600): Fiscal year 2021:(A) New budget authority, $1,845,601,000,000.(B) Outlays, $1,779,410,000,000. Fiscal year 2022:(A) New budget authority, $770,908,000,000.(B) Outlays, $805,014,000,000. Fiscal year 2023:(A) New budget authority, $619,246,000,000.(B) Outlays, $628,956,000,000. Fiscal year 2024:(A) New budget authority, $620,759,000,000.(B) Outlays, $612,726,000,000. Fiscal year 2025:(A) New budget authority, $632,210,000,000.(B) Outlays, $624,207,000,000. Fiscal year 2026:(A) New budget authority, $640,597,000,000.(B) Outlays, $638,103,000,000. Fiscal year 2027:(A) New budget authority, $633,758,000,000.(B) Outlays, $627,362,000,000. Fiscal year 2028:(A) New budget authority, $645,839,000,000.(B) Outlays, $643,707,000,000. Fiscal year 2029:(A) New budget authority, $641,962,000,000.(B) Outlays, $627,556,000,000. Fiscal year 2030:(A) New budget authority, $657,398,000,000.(B) Outlays, $648,615,000,000.
(14)Social Security (650): Fiscal year 2021:(A) New budget authority, $40,594,000,000.(B) Outlays, $40,598,000,000. Fiscal year 2022:(A) New budget authority, $42,633,000,000.(B) Outlays, $42,633,000,000. Fiscal year 2023:(A) New budget authority, $45,486,000,000.(B) Outlays, $45,486,000,000. Fiscal year 2024:(A) New budget authority, $48,621,000,000.(B) Outlays, $48,621,000,000. Fiscal year 2025:(A) New budget authority, $52,151,000,000.(B) Outlays, $52,151,000,000. Fiscal year 2026:(A) New budget authority, $62,223,000,000.(B) Outlays, $62,223,000,000. Fiscal year 2027:(A) New budget authority, $68,685,000,000.(B) Outlays, $68,685,000,000. Fiscal year 2028:(A) New budget authority, $73,712,000,000.(B) Outlays, $73,712,000,000. Fiscal year 2029:(A) New budget authority, $78,912,000,000.(B) Outlays, $78,912,000,000. Fiscal year 2030:(A) New budget authority, $83,948,000,000.(B) Outlays, $83,948,000,000.
(15)Veterans Benefits and Services (700): Fiscal year 2021:(A) New budget authority, $258,560,000,000.(B) Outlays, $250,738,000,000. Fiscal year 2022:(A) New budget authority, $243,210,000,000.(B) Outlays, $267,893,000,000. Fiscal year 2023:(A) New budget authority, $249,723,000,000.(B) Outlays, $251,696,000,000. Fiscal year 2024:(A) New budget authority, $256,945,000,000.(B) Outlays, $244,770,000,000. Fiscal year 2025:(A) New budget authority, $264,708,000,000.(B) Outlays, $263,284,000,000. Fiscal year 2026:(A) New budget authority, $272,216,000,000.(B) Outlays, $270,636,000,000. Fiscal year 2027:(A) New budget authority, $280,109,000,000.(B) Outlays, $278,409,000,000. Fiscal year 2028:(A) New budget authority, $288,040,000,000.(B) Outlays, $299,629,000,000. Fiscal year 2029:(A) New budget authority, $296,740,000,000.(B) Outlays, $281,467,000,000. Fiscal year 2030:(A) New budget authority, $305,496,000,000.(B) Outlays, $303,520,000,000.
(16)Administration of Justice (750): Fiscal year 2021:(A) New budget authority, $72,961,000,000.(B) Outlays, $74,900,000,000. Fiscal year 2022:(A) New budget authority, $76,879,000,000.(B) Outlays, $73,320,000,000. Fiscal year 2023:(A) New budget authority, $74,336,000,000.(B) Outlays, $73,557,000,000. Fiscal year 2024:(A) New budget authority, $75,600,000,000.(B) Outlays, $75,011,000,000. Fiscal year 2025:(A) New budget authority, $76,413,000,000.(B) Outlays, $76,155,000,000. Fiscal year 2026:(A) New budget authority, $78,161,000,000.(B) Outlays, $77,827,000,000. Fiscal year 2027:(A) New budget authority, $80,010,000,000.(B) Outlays, $79,533,000,000. Fiscal year 2028:(A) New budget authority, $81,961,000,000.(B) Outlays, $80,963,000,000. Fiscal year 2029:(A) New budget authority, $83,994,000,000.(B) Outlays, $82,930,000,000. Fiscal year 2030:(A) New budget authority, $92,786,000,000.(B) Outlays, $91,769,000,000.
(17)General Government (800): Fiscal year 2021:(A) New budget authority, $375,971,000,000.(B) Outlays, $376,468,000,000. Fiscal year 2022:(A) New budget authority, $24,837,000,000.(B) Outlays, $24,899,000,000. Fiscal year 2023:(A) New budget authority, $24,888,000,000.(B) Outlays, $24,787,000,000. Fiscal year 2024:(A) New budget authority, $25,205,000,000.(B) Outlays, $24,961,000,000. Fiscal year 2025:(A) New budget authority, $25,885,000,000.(B) Outlays, $25,481,000,000. Fiscal year 2026:(A) New budget authority, $26,483,000,000.(B) Outlays, $26,036,000,000. Fiscal year 2027:(A) New budget authority, $27,170,000,000.(B) Outlays, $26,711,000,000. Fiscal year 2028:(A) New budget authority, $27,869,000,000.(B) Outlays, $27,402,000,000. Fiscal year 2029:(A) New budget authority, $28,621,000,000.(B) Outlays, $28,137,000,000. Fiscal year 2030:(A) New budget authority, $29,416,000,000.(B) Outlays, $28,918,000,000.
(18)Net Interest (900): Fiscal year 2021:(A) New budget authority, $365,131,000,000.(B) Outlays, $365,131,000,000. Fiscal year 2022:(A) New budget authority, $345,959,000,000.(B) Outlays, $345,959,000,000. Fiscal year 2023:(A) New budget authority, $336,379,000,000.(B) Outlays, $336,379,000,000. Fiscal year 2024:(A) New budget authority, $332,881,000,000.(B) Outlays, $332,881,000,000. Fiscal year 2025:(A) New budget authority, $341,018,000,000.(B) Outlays, $341,018,000,000. Fiscal year 2026:(A) New budget authority, $367,269,000,000.(B) Outlays, $367,269,000,000. Fiscal year 2027:(A) New budget authority, $418,442,000,000.(B) Outlays, $418,442,000,000. Fiscal year 2028:(A) New budget authority, $502,412,000,000.(B) Outlays, $502,412,000,000. Fiscal year 2029:(A) New budget authority, $605,086,000,000.(B) Outlays, $605,086,000,000. Fiscal year 2030:(A) New budget authority, $727,019,000,000.(B) Outlays, $727,019,000,000.
(19)Allowances (920): Fiscal year 2021:(A) New budget authority, −$25,000,000.(B) Outlays, $0. Fiscal year 2022:(A) New budget authority, −$33,933,000,000.(B) Outlays, −$27,630,000,000. Fiscal year 2023:(A) New budget authority, −$34,686,000,000.(B) Outlays, −$31,376,000,000. Fiscal year 2024:(A) New budget authority, −$35,495,000,000.(B) Outlays, −$33,380,000,000. Fiscal year 2025:(A) New budget authority, −$36,367,000,000.(B) Outlays, −$34,806,000,000. Fiscal year 2026:(A) New budget authority, −$37,240,000,000.(B) Outlays, −$35,938,000,000. Fiscal year 2027:(A) New budget authority, −$38,152,000,000.(B) Outlays, −$36,942,000,000. Fiscal year 2028:(A) New budget authority, −$38,991,000,000.(B) Outlays, −$37,890,000,000. Fiscal year 2029:(A) New budget authority, −$39,927,000,000.(B) Outlays, −$38,847,000,000. Fiscal year 2030:(A) New budget authority, −$40,906,000,000.(B) Outlays, −$39,817,000,000.
(20)Undistributed Offsetting Receipts (950): Fiscal year 2021:(A) New budget authority, −$101,066,000,000.(B) Outlays, −$101,303,000,000. Fiscal year 2022:(A) New budget authority, −$109,306,000,000.(B) Outlays, −$109,433,000,000. Fiscal year 2023:(A) New budget authority, −$108,548,000,000.(B) Outlays, −$108,423,000,000. Fiscal year 2024:(A) New budget authority, −$102,509,000,000.(B) Outlays, −$102,374,000,000. Fiscal year 2025:(A) New budget authority, −$105,714,000,000.(B) Outlays, −$112,421,000,000. Fiscal year 2026:(A) New budget authority, −$108,507,000,000.(B) Outlays, −$107,659,000,000. Fiscal year 2027:(A) New budget authority, −$111,817,000,000.(B) Outlays, −$110,312,000,000. Fiscal year 2028:(A) New budget authority, −$114,832,000,000.(B) Outlays, −$113,327,000,000. Fiscal year 2029:(A) New budget authority, −$118,974,000,000.(B) Outlays, −$117,619,000,000. Fiscal year 2030:(A) New budget authority, −$123,259,000,000.(B) Outlays, −$121,979,000,000. Subtitle B—Levels and Amounts in the Senate SEC. 1201. SOCIAL SECURITY IN THE SENATE.(a) Social Security Revenues.—For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633) and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows:Fiscal year 2021: $898,089,000,000.Fiscal year 2022: $930,023,000,000.Fiscal year 2023: $996,745,000,000.Fiscal year 2024: $1,040,533,000,000.Fiscal year 2025: $1,085,441,000,000.Fiscal year 2026: $1,133,139,000,000.Fiscal year 2027: $1,182,469,000,000.Fiscal year 2028: $1,231,717,000,000.Fiscal year 2029: $1,279,075,000,000.Fiscal year 2030: $1,326,172,000,000.
(b)Social Security Outlays.—For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633) and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows:Fiscal year 2021: $1,101,575,000,000.Fiscal year 2022: $1,158,817,000,000.Fiscal year 2023: $1,222,448,000,000.Fiscal year 2024: $1,292,270,000,000.Fiscal year 2025: $1,365,124,000,000.Fiscal year 2026: $1,434,051,000,000.Fiscal year 2027: $1,506,794,000,000.Fiscal year 2028: $1,586,096,000,000.Fiscal year 2029: $1,666,850,000,000.Fiscal year 2030: $1,750,666,000,000.
(c)Social Security Administrative Expenses.—In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2021:(A) New budget authority, $5,650,000,000.(B) Outlays, $5,665,000,000. Fiscal year 2022:(A) New budget authority, $6,345,000,000.(B) Outlays, $6,318,000,000. Fiscal year 2023:(A) New budget authority, $6,502,000,000.(B) Outlays, $6,462,000,000. Fiscal year 2024:(A) New budget authority, $6,672,000,000.(B) Outlays, $6,629,000,000. Fiscal year 2025:(A) New budget authority, $6,856,000,000.(B) Outlays, $6,808,000,000. Fiscal year 2026:(A) New budget authority, $7,048,000,000.(B) Outlays, $6,998,000,000. Fiscal year 2027:(A) New budget authority, $7,247,000,000.(B) Outlays, $7,195,000,000. Fiscal year 2028:(A) New budget authority, $7,458,000,000.(B) Outlays, $7,403,000,000. Fiscal year 2029:(A) New budget authority, $7,678,000,000.(B) Outlays, $7,621,000,000. Fiscal year 2030:(A) New budget authority, $7,908,000,000.(B) Outlays, $7,847,000,000. SEC. 1202. POSTAL SERVICE DISCRETIONARY ADMINISTRATIVE EXPENSES IN THE SENATE.In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2021:(A) New budget authority, $267,000,000.(B) Outlays, $268,000,000. Fiscal year 2022:(A) New budget authority, $282,000,000.(B) Outlays, $282,000,000. Fiscal year 2023:(A) New budget authority, $289,000,000.(B) Outlays, $289,000,000. Fiscal year 2024:(A) New budget authority, $298,000,000.(B) Outlays, $298,000,000. Fiscal year 2025:(A) New budget authority, $308,000,000.(B) Outlays, $308,000,000. Fiscal year 2026:(A) New budget authority, $317,000,000.(B) Outlays, $317,000,000. Fiscal year 2027:(A) New budget authority, $328,000,000.(B) Outlays, $328,000,000. Fiscal year 2028:(A) New budget authority, $338,000,000.(B) Outlays, $338,000,000. Fiscal year 2029:(A) New budget authority, $350,000,000.(B) Outlays, $349,000,000. Fiscal year 2030:(A) New budget authority, $362,000,000.(B) Outlays, $361,000,000. TITLE II—RECONCILIATION SEC. 2001. RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.(a) Committee on Agriculture.—The Committee on Agriculture of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $16,112,000,000 for the period of fiscal years 2021 through 2030.
(b)Committee on Education and Labor.—The Committee on Education and Labor of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $357,926,000,000 for the period of fiscal years 2021 through 2030.
(c)Committee on Energy and Commerce.—The Committee on Energy and Commerce of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $188,498,000,000 for the period of fiscal years 2021 through 2030.
(d)Committee on Financial Services.—The Committee on Financial Services of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $75,000,000,000 for the period of fiscal years 2021 through 2030.
(e)Committee on Foreign Affairs.—The Committee on Foreign Affairs of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $10,000,000,000 for the period of fiscal years 2021 through 2030.
(f)Committee on Natural Resources.—The Committee on Natural Resources of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $1,005,000,000 for the period of fiscal years 2021 through 2030.
(g)Committee on Oversight and Reform.—The Committee on Oversight and Reform of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $350,690,000,000 for the period of fiscal years 2021 through 2030.
(h)Committee on Science, Space, and Technology.—The Committee on Science, Space, and Technology of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $750,000,000 for the period of fiscal years 2021 through 2030.
(i)Committee on Small Business.—The Committee on Small Business of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $50,000,000,000 for the period of fiscal years 2021 through 2030.
(j)Committee on Transportation and Infrastructure.—The Committee on Transportation and Infrastructure of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $95,620,000,000 for the period of fiscal years 2021 through 2030.
(k)Committee on Veterans’ Affairs.—The Committee on Veterans’ Affairs of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $17,000,000,000 for the period of fiscal years 2021 through 2030.
(l)Committee on Ways and Means.—The Committee on Ways and Means of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $940,718,000,000 for the period of fiscal years 2021 through 2030.
(m)Submissions.—In the House of Representatives, not later than February 16, 2021, the committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the House of Representatives to carry out this section. SEC. 2002. RECONCILIATION IN THE SENATE.(a) Committee on Agriculture, Nutrition, and Forestry.—The Committee on Agriculture, Nutrition, and Forestry of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $22,717,000,000 for the period of fiscal years 2021 through 2030.
(b)Committee on Banking, Housing, and Urban Affairs.—The Committee on Banking, Housing, and Urban Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $89,250,000,000 for the period of fiscal years 2021 through 2030.
(c)Committee on Commerce, Science, and Transportation.—The Committee on Commerce, Science, and Transportation of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $35,903,000,000 for the period of fiscal years 2021 through 2030.
(d)Committee on Environment and Public Works.—The Committee on Environment and Public Works of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $3,206,500,000 for the period of fiscal years 2021 through 2030.
(e)Committee on Finance.—The Committee on Finance of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $1,296,487,000,000 for the period of fiscal years 2021 through 2030.
(f)Committee on Foreign Relations.—The Committee on Foreign Relations of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $10,000,000,000 for the period of fiscal years 2021 through 2030.
(g)Committee on Health, Education, Labor, and Pensions.—The Committee on Health, Education, Labor, and Pensions of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $304,956,000,000 for the period of fiscal years 2021 through 2030.
(h)Committee on Homeland Security and Governmental Affairs.—The Committee on Homeland Security and Governmental Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $50,687,000,000 for the period of fiscal years 2021 through 2030.
(i)Committee on Indian Affairs.—The Committee on Indian Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $8,604,000,000 for the period of fiscal years 2021 through 2030.
(j)Committee on Small Business and Entrepreneurship.—The Committee on Small Business and Entrepreneurship of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $50,000,000,000 for the period of fiscal years 2021 through 2030.
(k)Committee on Veterans’ Affairs.—The Committee on Veterans’ Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $17,000,000,000 for the period of fiscal years 2021 through 2030.
(l)Submissions.—In the Senate, not later than February 16, 2021, the Committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the Senate. Upon receiving all such recommendations, the Committee on the Budget of the Senate shall report to the Senate a reconciliation bill carrying out all such recommendations without any substantive revision. TITLE III—RESERVE FUNDS SEC. 3001. RESERVE FUND FOR RECONCILIATION LEGISLATION.(a) House of Representatives.—(1) In general.—In the House of the Representatives, the chair of the Committee on the Budget may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for any bill or joint resolution considered pursuant to section 2001 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation, if the budgetary effects of the legislation comply with the reconciliation instructions under this concurrent resolution.
(2)Determination of compliance.—For purposes of this section, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the chair of the Committee on the Budget of the House of Representatives.
(3)Exception for legislation.—The point of order set forth in clause 10 of rule XXI of the House of Representatives shall not apply to reconciliation legislation reported by the Committee on the Budget pursuant to submissions under section 2001.
(b)Senate.—(1) In general.—In the Senate, the Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for any bill or joint resolution considered pursuant to section 2002 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation, if the budgetary effects of the legislation comply with the reconciliation instructions under this concurrent resolution.
(2)Determination of compliance.—For purposes of this section, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the Chairman of the Committee on the Budget of the Senate.
(3)Exceptions for legislation.—(A) Short-term.—Section 404 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, as amended by section 3201(b)(2) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1).
(B)Long-term.—Section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1). SEC. 3002. RESERVE FUND FOR DEFICIT-NEUTRAL LEGISLATION.The chair of the Committee on the Budget of the House of Representatives may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for one or more bills, joint resolutions, amendments, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit for either of the following time periods: fiscal year 2021 to fiscal year 2025 or fiscal year 2021 to fiscal year 2030. SEC. 3003. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ESTABLISHING A FUND TO PROVIDE GRANTS TO FOOD SERVICE AND DRINKING ESTABLISHMENTS AFFECTED BY THE COVID–19 PANDEMIC.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to establishing a fund to provide grants to food service and drinking establishments affected by the COVID–19 pandemic by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3004. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PREVENTING TAX INCREASES ON SMALL BUSINESSES DURING A PANDEMIC.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to changes in Federal tax laws, which may include preventing tax increases on small businesses during any period in which a national emergency has been declared with respect to a pandemic, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3005. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE AUTHORITY OF STATES AND OTHER TAXING JURISDICTIONS TO TAX CERTAIN INCOME OF EMPLOYEES WORKING IN OTHER STATES OR TAXING JURISDICTIONS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the authority of States or other taxing jurisdictions to tax certain income of employees for employment duties performed in other States or taxing jurisdictions by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3006. DEFICIT-NEUTRAL RESERVE FUND RELATING TO TARGETING ECONOMIC IMPACT PAYMENTS TO AMERICANS WHO ARE SUFFERING FROM THE EFFECTS OF COVID–19.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to targeting economic impact payments to Americans who are suffering from the effects of COVID–19, including provisions to ensure upper-income taxpayers are not eligible, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3007. DEFICIT-NEUTRAL RESERVE FUND RELATING TO COVID–19 VACCINE ADMINISTRATION AND A PUBLIC AWARENESS CAMPAIGN.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening and improving the process of distributing COVID–19 vaccines to States, which may include supporting States in implementing a transparent and consistent vaccine administration program and bolstering States’ public awareness campaigns to increase awareness and knowledge of the safety and effectiveness of COVID–19 vaccines (particularly among vulnerable communities, including ethnic minority populations), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3008. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SUPPORTING ELEMENTARY AND SECONDARY SCHOOLS IN STATES WITH LOST REVENUE DUE TO THE FEDERAL MORATORIUM ON OIL AND NATURAL GAS LEASING ON PUBLIC LANDS AND OFFSHORE WATERS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting elementary and secondary schools in States with lost revenue due to the Federal moratorium on oil and natural gas leasing on public lands and offshore waters by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3009. DEFICIT-NEUTRAL RESERVE FUND RELATING TO STRENGTHENING THE PROVIDER RELIEF FUND.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening the Provider Relief Fund, which may include additional support for rural hospitals in order to preserve jobs and access to specialty services, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3010. DEFICIT-NEUTRAL RESERVE FUND RELATING TO IMPROVING SERVICES AND INTERVENTIONS RELATING TO SEXUAL ASSAULT, FAMILY VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND CHILD ABUSE.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving services and interventions for victims relating to sexual assault, family violence, domestic violence, dating violence, and child abuse, which may include funding for programs and grants authorized by the Violence Against Women Act and the Victims of Child Abuse Act, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3011. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SUPPORTING HOSPITALITY, CONVENTIONS, TRADE SHOWS, ENTERTAINMENT, TOURISM, AND TRAVEL AND THEIR WORKERS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting struggling Americans in relation to their employment in hospitality, including those in the convention, trade show, entertainment, tourism, and travel industries, which may include legislation that provides relief and recovery incentives, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3012. DEFICIT-NEUTRAL RESERVE FUND RELATING TO MAINTAINING THE UNITED STATES EMBASSY IN JERUSALEM, ISRAEL.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the United States Embassy in Jerusalem, Israel, maintaining its current location in Jerusalem and level of operations, which may include current funding levels and security, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3013. DEFICIT-NEUTRAL RESERVE FUND RELATING TO INCREASING THE FEDERAL MINIMUM WAGE DURING A GLOBAL PANDEMIC.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to increasing the Federal minimum wage during a global pandemic, which may include prohibiting the rate from more than doubling to $15 per hour, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3014. DEFICIT-NEUTRAL RESERVE FUND RELATING TO FUNDING THE POLICE.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to funding the Nation’s police through programs that are in within the jurisdiction of any committee of the Senate instructed under section 2002, which may include funding for law enforcement officer safety programs and fusion centers to protect the United States from domestic and international terrorists administered by the Department of Homeland Security, mental and behavioral health intervention programs administered by the Department of Health and Human Services, programs administered by the Department of Veterans Affairs to increase the hiring of military veterans as law enforcement officers, gang and youth violence education programs administered by the Department of Health and Human Services, and the Department of Education, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3015. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROVIDING INFORMATION ONLINE REGARDING THE EXPENDITURE OF COVID–19 RELIEF FUNDS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to increasing Government spending transparency, which may include requiring the President to make available online information regarding the amount of funds made available for relief from the COVID–19 pandemic that have been expended, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3016. DEFICIT-NEUTRAL RESERVE FUND RELATING TO IMPROVING THE SOLVENCY OF FEDERAL TRUST FUNDS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving the solvency of major Federal trust funds, which may include developing recommendations and legislation to rescue programs that support surface transportation, health care services, and financial protection and security for individuals, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3017. DEFICIT-NEUTRAL RESERVE FUND RELATING TO FEDERAL ENVIRONMENTAL AND WATER POLICIES.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental and water policies, which may include ensuring the effective and efficient implementation of the Federal Water Pollution Control Act ([33 U.S.C. 1251 et seq.](/us/usc/t33/s1251/etseq)), preserving consistency and certainty in defining water features within, and exclusions from, Federal jurisdiction under that Act, or limiting or prohibiting efforts to withdraw, revoke, or amend the final rule of the Corps of Engineers and the Environmental Protection Agency entitled “The Navigable Waters Protection Rule: Definition of ‘Waters of the United States’ ” ([85 Fed. Reg. 22250](/us/fr/85/22250) (April 21, 2020)), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3018. DEFICIT-NEUTRAL RESERVE FUND RELATING TO FEDERAL RELIEF FUNDS FOR STATE OR LOCAL GOVERNMENTS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports, relating to adjustments to Federal relief funds for State or local governments within the jurisdiction of the instructed committees, which may include limitations on new or existing Federal COVID–19 relief payments to a State or locality that imposes greater limits on the content of speech, or restrictions on the religious exercise or belief, of houses of worship and faith-based organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, than on secular organizations described in that section 501(c)(3) and exempt under that section 501(a), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3019. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROHIBITING ACTIONS BY THE EXECUTIVE BRANCH THAT WOULD MAKE THE UNITED STATES MORE RELIANT ON COUNTRIES WITH WEAKER ENVIRONMENTAL OR LABOR STANDARDS FOR OIL, GAS, OR HARDROCK MINERAL PRODUCTION.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to prohibiting actions by the executive branch that would cause the United States to import larger quantities of oil, gas, or hardrock minerals from countries that have weaker environmental or labor standards by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. SEC. 3020. DEFICIT-NEUTRAL RESERVE FUND RELATING TO EXPANDING HEALTH SAVINGS ACCOUNTS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to expanding health savings accounts by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. TITLE IV—OTHER MATTERS SEC. 4001. ENFORCEMENT FILING.(a) In the House of Representatives.—In the House of Representatives, if a concurrent resolution on the budget for fiscal year 2021 is adopted without the appointment of a committee of conference on the disagreeing votes of the two Houses with respect to this concurrent resolution on the budget, for the purpose of enforcing the Congressional Budget Act of 1974 ([2 U.S.C. 621 et seq.](/us/usc/t2/s621/etseq)) and applicable rules and requirements set forth in the concurrent resolution on the budget, the allocations provided for in this subsection shall apply in the House of Representatives in the same manner as if such allocations were in a joint explanatory statement accompanying a conference report on the budget for fiscal year 2021. The chair of the Committee on the Budget of the House of Representatives shall submit a statement for publication in the Congressional Record containing—(1) for the Committee on Appropriations, committee allocations for fiscal year 2021 consistent with title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)); and
(2)for all committees other than the Committee on Appropriations, committee allocations consistent with title I for fiscal year 2021 and for the period of fiscal years 2021 through 2030 for the purpose of enforcing 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)).
(b)In the Senate.—If this concurrent resolution on the budget is agreed to by the Senate and House of Representatives without the appointment of a committee of conference on the disagreeing votes of the two Houses, the Chairman of the Committee on the Budget of the Senate may submit a statement for publication in the Congressional Record containing—(1) for the Committee on Appropriations, committee allocations for fiscal year 2021 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)); and
(2)for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2021, 2021 through 2025, and 2021 through 2030 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)). SEC. 4002. BUDGETARY TREATMENT OF ADMINISTRATIVE EXPENSES.(a) In General.—Notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)(1)](/us/usc/t2/s633/a/1)), section 13301 of the Budget Enforcement Act of 1990 ([2 U.S.C. 632 note](/us/usc/t2/s632)), and [section 2009a of title 39, United States Code](/us/usc/t39/s2009a), the report or the joint explanatory statement, as applicable, accompanying this concurrent resolution on the budget shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)](/us/usc/t2/s633/a)) to the Committee on Appropriations of the applicable House of Congress amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service.
(b)Special Rule.—In the House of Representatives and the Senate, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(f)](/us/usc/t2/s633/f)), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in subsection (a). SEC. 4003. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS, AGGREGATES, AND OTHER BUDGETARY LEVELS.(a) Application.—Any adjustments of allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall—(1) apply while that measure is under consideration;
(2)take effect upon the enactment of that measure; and
(3)be published in the Congressional Record as soon as practicable.
(b)Effect of Changed Allocations, Aggregates, and Other Budgetary Levels.—Revised allocations, aggregates, and other budgetary levels resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 ([2 U.S.C. 621 et seq.](/us/usc/t2/s621/etseq)) as the allocations, aggregates, and other budgetary levels contained in this concurrent resolution.
(c)Budget Committee Determinations.—For purposes of this concurrent resolution, the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the applicable House of Congress. SEC. 4004. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.(a) House of Representatives.—In the House of Representatives, the chair of the Committee on the Budget may adjust the appropriate aggregates, allocations, and other budgetary levels in this concurrent resolution for any change in budgetary concepts and definitions consistent with section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)(1)](/us/usc/t2/s901/b/1)).
(b)Senate.—Upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution in accordance with section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)](/us/usc/t2/s901/b)). SEC. 4005. ADJUSTMENT FOR CHANGES IN THE BASELINE.The chair of the Committee on the Budget of the House of Representatives and the Chairman of the Committee on the Budget of the Senate may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2021 through 2030. SEC. 4006. LIMITATION ON ADVANCE APPROPRIATIONS.Notwithstanding subsection
(d)of section 203 of the Bipartisan Budget Act of 2019 ([Public Law 116–37](/us/pl/116/37); [133 Stat. 1052](/us/stat/133/1052)), such section 203 shall continue to have force and effect in the House of Representatives during fiscal year 2021. SEC. 4007. REPEAL OF SUPERMAJORITY ENFORCEMENT REQUIREMENT.Section 3203 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, is repealed. SEC. 4008. EXERCISE OF RULEMAKING POWERS.Congress adopts the provisions of this title—(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and
(2)with full recognition of the constitutional right of either the Senate or the House of Representatives to change those rules (insofar as they relate to that House) at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate or House of Representatives. Agreed to February 5, 2021. H.Con.Res. 27: WILLIAM F. EVANS—LYING IN HONOR—CAPITOL ROTUNDA AUTHORIZATION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 House Concurrent Resolution27Apr. 12, 2021 WILLIAM F. EVANS—LYING IN HONOR—Apr. 12, 2021[[H. Con. Res. 27](/us/bill//hconres/27)]CAPITOL ROTUNDA AUTHORIZATION * Resolved by the House of Representatives (the Senate concurring),* That the remains of the late United States Capitol Police Officer William F. Evans shall be permitted to lie in honor in the rotunda of the Capitol on April 13, 2021, and the Architect of the Capitol, under the direction of the Speaker of the House of Representatives and the President pro tempore of the Senate, shall take all necessary steps for the accomplishment of that purpose. Agreed to April 12, 2021. H.Con.Res. 28: WILLIAM F. EVANS—MEMORIAL SERVICE—CATAFALQUE AUTHORIZATION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 House Concurrent Resolution28Apr. 12, 2021 WILLIAM F. EVANS—Apr. 12, 2021[[H. Con. Res. 28](/us/bill//hconres/28)]MEMORIAL SERVICE—CATAFALQUE AUTHORIZATION * Resolved by the House of Representatives (the Senate concurring),* That the Architect of the Capitol is authorized and directed to transfer the catafalque which is situated in the Capitol Visitor Center to the rotunda of the Capitol so that such catafalque may be used in connection with services to be conducted there for United States Capitol Police Officer William F. Evans. Agreed to April 12, 2021. H.Con.Res. 30: JOINT SESSION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 House Concurrent Resolution30Apr. 21, 2021 Apr. 21, 2021[[H. Con. Res. 30](/us/bill//hconres/30)]JOINT SESSION * Resolved by the House of Representatives (the Senate concurring),* That the two Houses of Congress assemble in the Hall of the House of Representatives on Wednesday, April 28, 2021, at 9:00 p.m., for the purpose of receiving such communication as the President of the United States shall be pleased to make to them. Agreed to April 21, 2021. [S.Con.Res.14 [S. Con. Res. 14: FEDERAL BUDGET—FISCAL YEAR 2022 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 [S. Con. Res. 14Aug. 24, 2021 Aug. 24, 2021[S. Con. Res. 14FEDERAL BUDGET—FISCAL YEAR 2022 * Resolved by the Senate (the House of Representatives concurring),* SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2022.(a) Declaration.—Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2022 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2023 through 2031.
(b)Table of Contents.—The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2022. TITLE I— RECOMMENDED LEVELS AND AMOUNTS Subtitle A— Budgetary Levels in Both Houses Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories. Subtitle B— Levels and Amounts in the Senate Sec. 1201. Social Security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate. TITLE II— RECONCILIATION Sec. 2001. Reconciliation in the Senate. Sec. 2002. Reconciliation in the House of Representatives. TITLE III— RESERVE FUNDS Sec. 3001. Reserve fund for legislation that won’t raise taxes on people making less than $400,000 in the Senate. Sec. 3002. Reserve fund for reconciliation legislation. Sec. 3003. Reserve fund. Sec. 3004. Deficit-neutral reserve fund to prohibit the Green New Deal. Sec. 3005. Reserve fund relating to addressing the crisis of climate change. Sec. 3006. Deficit-neutral reserve fund relating to supporting privately-held businesses, farms, and ranches. Sec. 3007. Deficit-neutral reserve fund relating to promoting US competitiveness and innovation by supporting research and development. Sec. 3008. Reserve fund relating to protecting taxpayer privacy while ensuring those evading the tax system pay what they owe. Sec. 3009. Deficit-neutral reserve fund to prohibit the Council on Environmental Quality and Environmental Protection Agency from promulgating rules or guidance that bans fracking in the United States. Sec. 3010. Deficit-neutral reserve fund relating to facilitating improved internet service for Cuban citizens. Sec. 3011. Deficit-neutral reserve fund relating to adjusting Federal funding for local jurisdictions. Sec. 3012. Reserve fund relating to honoring the Capitol Police, DC Metropolitan Police, and first responders. Sec. 3013. Deficit-neutral reserve fund relating to supporting or expediting the deployment of carbon capture, utilization, and sequestration technologies. Sec. 3014. Deficit-neutral reserve fund relating to policies or legislation to prohibit the Department of Agriculture from making ineligible for financing fossil fuel-burning power plants. Sec. 3015. Deficit-neutral reserve fund relating to the provisions of the American Rescue Plan Act. Sec. 3016. Deficit-neutral reserve fund relating to means-testing electric vehicle tax credits. Sec. 3017. Deficit-neutral reserve fund relating to prohibiting or limiting the issuance of costly Clean Air Act permit requirements on farmers and ranchers in the United States or the imposition of new Federal methane requirements on livestock. Sec. 3018. Deficit-neutral reserve fund relating to funding of the Office of Foreign Assets Control. Sec. 3019. Deficit-neutral reserve fund relating to abortion funding. Sec. 3020. Deficit-neutral reserve fund relating to ensuring robust, secure, and humane supply chains, sourced by the United States and allies of the United States, for renewable energy materials, technology, and critical minerals. Sec. 3021. Reserve fund relating to ensuring robust, secure, and humane supply chains by prohibiting the use of Federal funds to purchase materials, technology, and critical minerals produced, manufactured, or mined with forced labor. Sec. 3022. Reserve fund relating to Great Lakes ice breaking operational improvements. Sec. 3023. Deficit-neutral reserve fund relating to immigration enforcement and addressing the humanitarian crisis at the southern border. Sec. 3024. Deficit-neutral reserve fund relating to providing quality education for children. Sec. 3025. Deficit-neutral reserve fund relating to hiring 100,000 new police officers. Sec. 3026. Deficit-neutral reserve fund relating to preventing electricity blackouts and improving electricity reliability. Sec. 3027. Deficit-neutral reserve fund relating to protecting migrants and local communities against COVID–19. Sec. 3028. Deficit-neutral reserve fund relating to studying and providing for tax equivalency under the payments in lieu of taxes program. Sec. 3029. Deficit-neutral reserve fund relating to preventing tax increases on small businesses. Sec. 3030. Deficit-neutral reserve fund relating to providing sufficient resources to detain and deport a higher number of aliens who have been convicted of a crime. Sec. 3031. Deficit-neutral reserve fund relating to maintaining the current law tax treatment of like kind exchanges. TITLE IV— OTHER MATTERS Sec. 4001. Emergency legislation. Sec. 4002. Point of order against advance appropriations in the Senate. Sec. 4003. Point of order against advance appropriations in the House of Representatives. Sec. 4004. Program integrity initiatives and other adjustments in the Senate. Sec. 4005. Program integrity initiatives and other adjustments in the House of Representatives. Sec. 4006. Enforcement filing. Sec. 4007. Application and effect of changes in allocations, aggregates, and other budgetary levels. Sec. 4008. Adjustments to reflect changes in concepts and definitions. Sec. 4009. Adjustment for bipartisan infrastructure legislation in the Senate. Sec. 4010. Adjustment for infrastructure legislation in the House of Representatives. Sec. 4011. Applicability of adjustments to discretionary spending limits. Sec. 4012. Budgetary treatment of administrative expenses. Sec. 4013. Appropriate budgetary adjustments in the House of Representatives. Sec. 4014. Adjustment for changes in the baseline in the House of Representatives. Sec. 4015. Scoring rule in the Senate for child care and pre-kindergarten legislation. Sec. 4016. Exercise of rulemaking powers. TITLE I—RECOMMENDED LEVELS AND AMOUNTS Subtitle A—Budgetary Levels in Both Houses SEC. 1101. RECOMMENDED LEVELS AND AMOUNTS.The following budgetary levels are appropriate for each of fiscal years 2022 through 2031:(1) Federal revenues.—For purposes of the enforcement of this resolution:(A) The recommended levels of Federal revenues are as follows: Fiscal year 2022: $3,401,380,000,000.Fiscal year 2023: $3,512,947,000,000.Fiscal year 2024: $3,542,298,000,000.Fiscal year 2025: $3,565,871,000,000.Fiscal year 2026: $3,773,174,000,000.Fiscal year 2027: $3,995,160,000,000.Fiscal year 2028: $4,090,582,000,000.Fiscal year 2029: $4,218,130,000,000.Fiscal year 2030: $4,352,218,000,000.Fiscal year 2031: $4,505,614,000,000.(B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2022: $0.Fiscal year 2023: $0.Fiscal year 2024: $0.Fiscal year 2025: $0.Fiscal year 2026: $0.Fiscal year 2027: $0.Fiscal year 2028: $0.Fiscal year 2029: $0.Fiscal year 2030: $0.Fiscal year 2031: $0.(2) New budget authority.—For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2022: $4,417,362,000,000.Fiscal year 2023: $4,579,359,000,000.Fiscal year 2024: $4,699,353,000,000.Fiscal year 2025: $4,940,084,000,000.Fiscal year 2026: $5,107,577,000,000.Fiscal year 2027: $5,311,640,000,000.Fiscal year 2028: $5,633,086,000,000.Fiscal year 2029: $5,722,075,000,000.Fiscal year 2030: $6,064,522,000,000.Fiscal year 2031: $6,365,907,000,000.(3) Budget outlays.—For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2022: $4,698,391,000,000.Fiscal year 2023: $4,671,457,000,000.Fiscal year 2024: $4,714,709,000,000.Fiscal year 2025: $4,936,110,000,000.Fiscal year 2026: $5,087,789,000,000.Fiscal year 2027: $5,288,850,000,000.Fiscal year 2028: $5,635,713,000,000.Fiscal year 2029: $5,667,301,000,000.Fiscal year 2030: $6,024,068,000,000.Fiscal year 2031: $6,322,190,000,000.(4) Deficits.—For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2022: $1,297,011,000,000.Fiscal year 2023: $1,158,510,000,000.Fiscal year 2024: $1,172,411,000,000.Fiscal year 2025: $1,370,239,000,000.Fiscal year 2026: $1,314,615,000,000.Fiscal year 2027: $1,293,690,000,000.Fiscal year 2028: $1,545,131,000,000.Fiscal year 2029: $1,449,171,000,000.Fiscal year 2030: $1,671,850,000,000.Fiscal year 2031: $1,816,576,000,000.(5) Public debt.—Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ([2 U.S.C. 632(a)(5)](/us/usc/t2/s632/a/5)), the appropriate levels of the public debt are as follows: Fiscal year 2022: $30,789,000,000,000.Fiscal year 2023: $32,141,000,000,000.Fiscal year 2024: $33,526,000,000,000.Fiscal year 2025: $35,059,000,000,000.Fiscal year 2026: $36,570,000,000,000.Fiscal year 2027: $37,952,000,000,000.Fiscal year 2028: $39,733,000,000,000.Fiscal year 2029: $41,296,000,000,000.Fiscal year 2030: $43,188,000,000,000.Fiscal year 2031: $45,150,000,000,000.(6) Debt held by the public.—The appropriate levels of debt held by the public are as follows: Fiscal year 2022: $24,622,000,000,000.Fiscal year 2023: $25,826,000,000,000.Fiscal year 2024: $27,153,000,000,000.Fiscal year 2025: $28,678,000,000,000.Fiscal year 2026: $30,219,000,000,000.Fiscal year 2027: $31,776,000,000,000.Fiscal year 2028: $33,737,000,000,000.Fiscal year 2029: $35,521,000,000,000.Fiscal year 2030: $37,692,000,000,000.Fiscal year 2031: $39,987,000,000,000. SEC. 1102. MAJOR FUNCTIONAL CATEGORIES.Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2022 through 2031 for each major functional category are:(1) National Defense (050): Fiscal year 2022:(A) New budget authority, $765,704,000,000.(B) Outlays, $763,985,000,000. Fiscal year 2023:(A) New budget authority, $782,245,000,000.(B) Outlays, $770,192,000,000. Fiscal year 2024:(A) New budget authority, $799,520,000,000.(B) Outlays, $776,297,000,000. Fiscal year 2025:(A) New budget authority, $817,214,000,000.(B) Outlays, $794,946,000,000. Fiscal year 2026:(A) New budget authority, $835,351,000,000.(B) Outlays, $810,367,000,000. Fiscal year 2027:(A) New budget authority, $843,873,000,000.(B) Outlays, $821,610,000,000. Fiscal year 2028:(A) New budget authority, $852,499,000,000.(B) Outlays, $836,561,000,000. Fiscal year 2029:(A) New budget authority, $861,191,000,000.(B) Outlays, $834,592,000,000. Fiscal year 2030:(A) New budget authority, $870,003,000,000.(B) Outlays, $848,928,000,000. Fiscal year 2031:(A) New budget authority, $880,156,000,000.(B) Outlays, $858,990,000,000.
(2)International Affairs (150): Fiscal year 2022:(A) New budget authority, $68,740,000,000.(B) Outlays, $68,368,000,000. Fiscal year 2023:(A) New budget authority, $66,170,000,000.(B) Outlays, $64,121,000,000. Fiscal year 2024:(A) New budget authority, $67,128,000,000.(B) Outlays, $65,429,000,000. Fiscal year 2025:(A) New budget authority, $68,621,000,000.(B) Outlays, $66,231,000,000. Fiscal year 2026:(A) New budget authority, $70,182,000,000.(B) Outlays, $67,113,000,000. Fiscal year 2027:(A) New budget authority, $71,840,000,000.(B) Outlays, $68,304,000,000. Fiscal year 2028:(A) New budget authority, $73,526,000,000.(B) Outlays, $69,474,000,000. Fiscal year 2029:(A) New budget authority, $75,221,000,000.(B) Outlays, $71,071,000,000. Fiscal year 2030:(A) New budget authority, $76,918,000,000.(B) Outlays, $72,602,000,000. Fiscal year 2031:(A) New budget authority, $78,648,000,000.(B) Outlays, $74,169,000,000.
(3)General Science, Space, and Technology (250): Fiscal year 2022:(A) New budget authority, $43,582,000,000.(B) Outlays, $39,492,000,000. Fiscal year 2023:(A) New budget authority, $46,345,000,000.(B) Outlays, $43,900,000,000. Fiscal year 2024:(A) New budget authority, $48,435,000,000.(B) Outlays, $46,597,000,000. Fiscal year 2025:(A) New budget authority, $50,286,000,000.(B) Outlays, $48,830,000,000. Fiscal year 2026:(A) New budget authority, $51,492,000,000.(B) Outlays, $50,050,000,000. Fiscal year 2027:(A) New budget authority, $51,839,000,000.(B) Outlays, $50,449,000,000. Fiscal year 2028:(A) New budget authority, $51,169,000,000.(B) Outlays, $49,783,000,000. Fiscal year 2029:(A) New budget authority, $50,735,000,000.(B) Outlays, $49,415,000,000. Fiscal year 2030:(A) New budget authority, $50,898,000,000.(B) Outlays, $49,548,000,000. Fiscal year 2031:(A) New budget authority, $51,324,000,000.(B) Outlays, $49,936,000,000.
(4)Energy (270): Fiscal year 2022:(A) New budget authority, $14,240,000,000.(B) Outlays, $10,032,000,000. Fiscal year 2023:(A) New budget authority, $59,665,000,000.(B) Outlays, $57,248,000,000. Fiscal year 2024:(A) New budget authority, $55,348,000,000.(B) Outlays, $53,858,000,000. Fiscal year 2025:(A) New budget authority, $67,729,000,000.(B) Outlays, $66,867,000,000. Fiscal year 2026:(A) New budget authority, $78,038,000,000.(B) Outlays, $77,647,000,000. Fiscal year 2027:(A) New budget authority, $79,617,000,000.(B) Outlays, $79,511,000,000. Fiscal year 2028:(A) New budget authority, $74,543,000,000.(B) Outlays, $74,164,000,000. Fiscal year 2029:(A) New budget authority, $68,781,000,000.(B) Outlays, $68,174,000,000. Fiscal year 2030:(A) New budget authority, $63,620,000,000.(B) Outlays, $62,932,000,000. Fiscal year 2031:(A) New budget authority, $55,974,000,000.(B) Outlays, $55,198,000,000.
(5)Natural Resources and Environment (300): Fiscal year 2022:(A) New budget authority, $60,969,000,000.(B) Outlays, $54,889,000,000. Fiscal year 2023:(A) New budget authority, $70,319,000,000.(B) Outlays, $67,072,000,000. Fiscal year 2024:(A) New budget authority, $78,314,000,000.(B) Outlays, $75,927,000,000. Fiscal year 2025:(A) New budget authority, $85,585,000,000.(B) Outlays, $84,140,000,000. Fiscal year 2026:(A) New budget authority, $88,203,000,000.(B) Outlays, $89,292,000,000. Fiscal year 2027:(A) New budget authority, $85,995,000,000.(B) Outlays, $88,010,000,000. Fiscal year 2028:(A) New budget authority, $79,575,000,000.(B) Outlays, $81,370,000,000. Fiscal year 2029:(A) New budget authority, $72,930,000,000.(B) Outlays, $74,272,000,000. Fiscal year 2030:(A) New budget authority, $68,352,000,000.(B) Outlays, $69,251,000,000. Fiscal year 2031:(A) New budget authority, $68,666,000,000.(B) Outlays, $68,676,000,000.
(6)Agriculture (350): Fiscal year 2022:(A) New budget authority, $23,063,000,000.(B) Outlays, $25,334,000,000. Fiscal year 2023:(A) New budget authority, $21,368,000,000.(B) Outlays, $22,442,000,000. Fiscal year 2024:(A) New budget authority, $19,240,000,000.(B) Outlays, $23,187,000,000. Fiscal year 2025:(A) New budget authority, $21,860,000,000.(B) Outlays, $24,614,000,000. Fiscal year 2026:(A) New budget authority, $23,761,000,000.(B) Outlays, $25,151,000,000. Fiscal year 2027:(A) New budget authority, $25,501,000,000.(B) Outlays, $26,471,000,000. Fiscal year 2028:(A) New budget authority, $26,186,000,000.(B) Outlays, $26,499,000,000. Fiscal year 2029:(A) New budget authority, $25,629,000,000.(B) Outlays, $25,874,000,000. Fiscal year 2030:(A) New budget authority, $25,159,000,000.(B) Outlays, $25,989,000,000. Fiscal year 2031:(A) New budget authority, $28,515,000,000.(B) Outlays, $26,284,000,000.
(7)Commerce and Housing Credit (370): Fiscal year 2022:(A) New budget authority, $18,105,000,000.(B) Outlays, $42,495,000,000. Fiscal year 2023:(A) New budget authority, $19,284,000,000.(B) Outlays, $29,411,000,000. Fiscal year 2024:(A) New budget authority, $25,017,000,000.(B) Outlays, $22,592,000,000. Fiscal year 2025:(A) New budget authority, $24,785,000,000.(B) Outlays, $19,146,000,000. Fiscal year 2026:(A) New budget authority, $23,609,000,000.(B) Outlays, $15,045,000,000. Fiscal year 2027:(A) New budget authority, $21,752,000,000.(B) Outlays, $12,248,000,000. Fiscal year 2028:(A) New budget authority, $21,992,000,000.(B) Outlays, $12,894,000,000. Fiscal year 2029:(A) New budget authority, $23,789,000,000.(B) Outlays, $13,250,000,000. Fiscal year 2030:(A) New budget authority, $22,410,000,000.(B) Outlays, $10,462,000,000. Fiscal year 2031:(A) New budget authority, $17,548,000,000.(B) Outlays, $6,105,000,000.
(8)Transportation (400): Fiscal year 2022:(A) New budget authority, $112,406,000,000.(B) Outlays, $133,738,000,000. Fiscal year 2023:(A) New budget authority, $113,887,000,000.(B) Outlays, $118,957,000,000. Fiscal year 2024:(A) New budget authority, $115,061,000,000.(B) Outlays, $112,082,000,000. Fiscal year 2025:(A) New budget authority, $115,757,000,000.(B) Outlays, $114,226,000,000. Fiscal year 2026:(A) New budget authority, $116,887,000,000.(B) Outlays, $116,667,000,000. Fiscal year 2027:(A) New budget authority, $109,698,000,000.(B) Outlays, $119,447,000,000. Fiscal year 2028:(A) New budget authority, $110,385,000,000.(B) Outlays, $121,240,000,000. Fiscal year 2029:(A) New budget authority, $110,874,000,000.(B) Outlays, $122,515,000,000. Fiscal year 2030:(A) New budget authority, $106,173,000,000.(B) Outlays, $117,702,000,000. Fiscal year 2031:(A) New budget authority, $107,256,000,000.(B) Outlays, $118,633,000,000.
(9)Community and Regional Development (450): Fiscal year 2022:(A) New budget authority, $43,543,000,000.(B) Outlays, $47,318,000,000. Fiscal year 2023:(A) New budget authority, $27,007,000,000.(B) Outlays, $33,380,000,000. Fiscal year 2024:(A) New budget authority, $28,430,000,000.(B) Outlays, $34,603,000,000. Fiscal year 2025:(A) New budget authority, $27,461,000,000.(B) Outlays, $34,658,000,000. Fiscal year 2026:(A) New budget authority, $27,839,000,000.(B) Outlays, $35,338,000,000. Fiscal year 2027:(A) New budget authority, $27,744,000,000.(B) Outlays, $35,238,000,000. Fiscal year 2028:(A) New budget authority, $28,136,000,000.(B) Outlays, $35,738,000,000. Fiscal year 2029:(A) New budget authority, $28,524,000,000.(B) Outlays, $36,097,000,000. Fiscal year 2030:(A) New budget authority, $28,943,000,000.(B) Outlays, $36,452,000,000. Fiscal year 2031:(A) New budget authority, $33,429,000,000.(B) Outlays, $38,014,000,000.
(10)Education, Training, Employment, and Social Services (500): Fiscal year 2022:(A) New budget authority, $159,805,000,000.(B) Outlays, $208,172,000,000. Fiscal year 2023:(A) New budget authority, $180,462,000,000.(B) Outlays, $225,204,000,000. Fiscal year 2024:(A) New budget authority, $200,600,000,000.(B) Outlays, $249,029,000,000. Fiscal year 2025:(A) New budget authority, $211,940,000,000.(B) Outlays, $243,908,000,000. Fiscal year 2026:(A) New budget authority, $212,123,000,000.(B) Outlays, $226,623,000,000. Fiscal year 2027:(A) New budget authority, $214,568,000,000.(B) Outlays, $218,916,000,000. Fiscal year 2028:(A) New budget authority, $217,422,000,000.(B) Outlays, $218,221,000,000. Fiscal year 2029:(A) New budget authority, $220,255,000,000.(B) Outlays, $219,079,000,000. Fiscal year 2030:(A) New budget authority, $229,691,000,000.(B) Outlays, $228,404,000,000. Fiscal year 2031:(A) New budget authority, $244,488,000,000.(B) Outlays, $242,537,000,000.
(11)Health (550): Fiscal year 2022:(A) New budget authority, $853,696,000,000.(B) Outlays, $952,919,000,000. Fiscal year 2023:(A) New budget authority, $804,345,000,000.(B) Outlays, $827,269,000,000. Fiscal year 2024:(A) New budget authority, $800,361,000,000.(B) Outlays, $809,731,000,000. Fiscal year 2025:(A) New budget authority, $830,330,000,000.(B) Outlays, $830,449,000,000. Fiscal year 2026:(A) New budget authority, $855,834,000,000.(B) Outlays, $849,147,000,000. Fiscal year 2027:(A) New budget authority, $876,704,000,000.(B) Outlays, $869,791,000,000. Fiscal year 2028:(A) New budget authority, $908,063,000,000.(B) Outlays, $906,081,000,000. Fiscal year 2029:(A) New budget authority, $940,898,000,000.(B) Outlays, $939,318,000,000. Fiscal year 2030:(A) New budget authority, $982,028,000,000.(B) Outlays, $970,863,000,000. Fiscal year 2031:(A) New budget authority, $1,018,845,000,000.(B) Outlays, $1,017,586,000,000.
(12)Medicare (570): Fiscal year 2022:(A) New budget authority, $772,277,000,000.(B) Outlays, $771,930,000,000. Fiscal year 2023:(A) New budget authority, $882,348,000,000.(B) Outlays, $882,065,000,000. Fiscal year 2024:(A) New budget authority, $902,102,000,000.(B) Outlays, $901,899,000,000. Fiscal year 2025:(A) New budget authority, $1,018,540,000,000.(B) Outlays, $1,018,302,000,000. Fiscal year 2026:(A) New budget authority, $1,091,095,000,000.(B) Outlays, $1,090,814,000,000. Fiscal year 2027:(A) New budget authority, $1,168,909,000,000.(B) Outlays, $1,168,581,000,000. Fiscal year 2028:(A) New budget authority, $1,326,565,000,000.(B) Outlays, $1,326,191,000,000. Fiscal year 2029:(A) New budget authority, $1,262,774,000,000.(B) Outlays, $1,262,367,000,000. Fiscal year 2030:(A) New budget authority, $1,425,734,000,000.(B) Outlays, $1,425,284,000,000. Fiscal year 2031:(A) New budget authority, $1,509,905,000,000.(B) Outlays, $1,509,433,000,000.
(13)Income Security (600): Fiscal year 2022:(A) New budget authority, $830,063,000,000.(B) Outlays, $867,038,000,000. Fiscal year 2023:(A) New budget authority, $820,620,000,000.(B) Outlays, $836,905,000,000. Fiscal year 2024:(A) New budget authority, $821,754,000,000.(B) Outlays, $811,159,000,000. Fiscal year 2025:(A) New budget authority, $792,146,000,000.(B) Outlays, $780,347,000,000. Fiscal year 2026:(A) New budget authority, $730,424,000,000.(B) Outlays, $725,612,000,000. Fiscal year 2027:(A) New budget authority, $733,601,000,000.(B) Outlays, $724,726,000,000. Fiscal year 2028:(A) New budget authority, $752,515,000,000.(B) Outlays, $749,719,000,000. Fiscal year 2029:(A) New budget authority, $764,277,000,000.(B) Outlays, $749,137,000,000. Fiscal year 2030:(A) New budget authority, $781,991,000,000.(B) Outlays, $772,369,000,000. Fiscal year 2031:(A) New budget authority, $802,900,000,000.(B) Outlays, $792,858,000,000.
(14)Social Security (650): Fiscal year 2022:(A) New budget authority, $47,020,000,000.(B) Outlays, $47,020,000,000. Fiscal year 2023:(A) New budget authority, $50,129,000,000.(B) Outlays, $50,129,000,000. Fiscal year 2024:(A) New budget authority, $53,591,000,000.(B) Outlays, $53,591,000,000. Fiscal year 2025:(A) New budget authority, $57,355,000,000.(B) Outlays, $57,355,000,000. Fiscal year 2026:(A) New budget authority, $67,932,000,000.(B) Outlays, $67,932,000,000. Fiscal year 2027:(A) New budget authority, $74,299,000,000.(B) Outlays, $74,299,000,000. Fiscal year 2028:(A) New budget authority, $79,053,000,000.(B) Outlays, $79,053,000,000. Fiscal year 2029:(A) New budget authority, $84,197,000,000.(B) Outlays, $84,197,000,000. Fiscal year 2030:(A) New budget authority, $89,406,000,000.(B) Outlays, $89,406,000,000. Fiscal year 2031:(A) New budget authority, $93,932,000,000.(B) Outlays, $93,932,000,000.
(15)Veterans Benefits and Services (700): Fiscal year 2022:(A) New budget authority, $274,340,000,000.(B) Outlays, $282,071,000,000. Fiscal year 2023:(A) New budget authority, $279,810,000,000.(B) Outlays, $279,868,000,000. Fiscal year 2024:(A) New budget authority, $288,676,000,000.(B) Outlays, $276,026,000,000. Fiscal year 2025:(A) New budget authority, $297,105,000,000.(B) Outlays, $299,907,000,000. Fiscal year 2026:(A) New budget authority, $305,075,000,000.(B) Outlays, $307,739,000,000. Fiscal year 2027:(A) New budget authority, $313,512,000,000.(B) Outlays, $316,417,000,000. Fiscal year 2028:(A) New budget authority, $322,020,000,000.(B) Outlays, $336,852,000,000. Fiscal year 2029:(A) New budget authority, $331,220,000,000.(B) Outlays, $315,456,000,000. Fiscal year 2030:(A) New budget authority, $340,439,000,000.(B) Outlays, $338,867,000,000. Fiscal year 2031:(A) New budget authority, $350,829,000,000.(B) Outlays, $349,032,000,000.
(16)Administration of Justice (750): Fiscal year 2022:(A) New budget authority, $80,614,000,000.(B) Outlays, $78,094,000,000. Fiscal year 2023:(A) New budget authority, $77,444,000,000.(B) Outlays, $77,431,000,000. Fiscal year 2024:(A) New budget authority, $78,904,000,000.(B) Outlays, $78,533,000,000. Fiscal year 2025:(A) New budget authority, $79,626,000,000.(B) Outlays, $78,861,000,000. Fiscal year 2026:(A) New budget authority, $81,223,000,000.(B) Outlays, $80,382,000,000. Fiscal year 2027:(A) New budget authority, $82,849,000,000.(B) Outlays, $81,809,000,000. Fiscal year 2028:(A) New budget authority, $84,495,000,000.(B) Outlays, $83,423,000,000. Fiscal year 2029:(A) New budget authority, $86,184,000,000.(B) Outlays, $85,004,000,000. Fiscal year 2030:(A) New budget authority, $87,881,000,000.(B) Outlays, $86,642,000,000. Fiscal year 2031:(A) New budget authority, $96,549,000,000.(B) Outlays, $94,529,000,000.
(17)General Government (800): Fiscal year 2022:(A) New budget authority, $48,565,000,000.(B) Outlays, $111,629,000,000. Fiscal year 2023:(A) New budget authority, $29,912,000,000.(B) Outlays, $33,642,000,000. Fiscal year 2024:(A) New budget authority, $30,382,000,000.(B) Outlays, $32,557,000,000. Fiscal year 2025:(A) New budget authority, $30,935,000,000.(B) Outlays, $33,585,000,000. Fiscal year 2026:(A) New budget authority, $31,538,000,000.(B) Outlays, $33,016,000,000. Fiscal year 2027:(A) New budget authority, $32,168,000,000.(B) Outlays, $33,540,000,000. Fiscal year 2028:(A) New budget authority, $32,798,000,000.(B) Outlays, $33,807,000,000. Fiscal year 2029:(A) New budget authority, $33,432,000,000.(B) Outlays, $33,024,000,000. Fiscal year 2030:(A) New budget authority, $34,103,000,000.(B) Outlays, $33,539,000,000. Fiscal year 2031:(A) New budget authority, $35,123,000,000.(B) Outlays, $34,544,000,000.
(18)Net Interest (900): Fiscal year 2022:(A) New budget authority, $373,011,000,000.(B) Outlays, $373,011,000,000. Fiscal year 2023:(A) New budget authority, $378,542,000,000.(B) Outlays, $378,542,000,000. Fiscal year 2024:(A) New budget authority, $407,539,000,000.(B) Outlays, $407,539,000,000. Fiscal year 2025:(A) New budget authority, $464,069,000,000.(B) Outlays, $464,069,000,000. Fiscal year 2026:(A) New budget authority, $541,134,000,000.(B) Outlays, $541,134,000,000. Fiscal year 2027:(A) New budget authority, $623,392,000,000.(B) Outlays, $623,392,000,000. Fiscal year 2028:(A) New budget authority, $719,805,000,000.(B) Outlays, $719,805,000,000. Fiscal year 2029:(A) New budget authority, $813,280,000,000.(B) Outlays, $813,280,000,000. Fiscal year 2030:(A) New budget authority, $918,333,000,000.(B) Outlays, $918,333,000,000. Fiscal year 2031:(A) New budget authority, $1,025,810,000,000.(B) Outlays, $1,025,810,000,000.
(19)Allowances (920): Fiscal year 2022:(A) New budget authority, $11,507,000,000.(B) Outlays, $17,129,000,000. Fiscal year 2023:(A) New budget authority, −$14,188,000,000.(B) Outlays, −$2,706,000,000. Fiscal year 2024:(A) New budget authority, −$11,538,000,000.(B) Outlays, −$6,811,000,000. Fiscal year 2025:(A) New budget authority, −$9,499,000,000.(B) Outlays, −$7,389,000,000. Fiscal year 2026:(A) New budget authority, −$8,979,000,000.(B) Outlays, −$7,646,000,000. Fiscal year 2027:(A) New budget authority, −$7,240,000,000.(B) Outlays, −$6,478,000,000. Fiscal year 2028:(A) New budget authority, −$5,238,000,000.(B) Outlays, −$4,559,000,000. Fiscal year 2029:(A) New budget authority, −$5,126,000,000.(B) Outlays, −$3,651,000,000. Fiscal year 2030:(A) New budget authority, −$5,898,000,000.(B) Outlays, −$3,393,000,000. Fiscal year 2031:(A) New budget authority, $2,530,000,000.(B) Outlays, $1,034,000,000.
(20)Undistributed Offsetting Receipts (950): Fiscal year 2022:(A) New budget authority, −$183,888,000,000.(B) Outlays, −$191,273,000,000. Fiscal year 2023:(A) New budget authority, −$116,355,000,000.(B) Outlays, −$123,615,000,000. Fiscal year 2024:(A) New budget authority, −$109,511,000,000.(B) Outlays, −$109,116,000,000. Fiscal year 2025:(A) New budget authority, −$111,761,000,000.(B) Outlays, −$116,941,000,000. Fiscal year 2026:(A) New budget authority, −$115,184,000,000.(B) Outlays, −$113,634,000,000. Fiscal year 2027:(A) New budget authority, −$118,981,000,000.(B) Outlays, −$117,431,000,000. Fiscal year 2028:(A) New budget authority, −$122,423,000,000.(B) Outlays, −$120,603,000,000. Fiscal year 2029:(A) New budget authority, −$126,990,000,000.(B) Outlays, −$125,170,000,000. Fiscal year 2030:(A) New budget authority, −$131,662,000,000.(B) Outlays, −$130,112,000,000. Fiscal year 2031:(A) New budget authority, −$136,520,000,000.(B) Outlays, −$135,110,000,000. Subtitle B—Levels and Amounts in the Senate SEC. 1201. SOCIAL SECURITY IN THE SENATE.(a) Social Security Revenues.—For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633) and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows:Fiscal year 2022: $989,019,000,000.Fiscal year 2023: $1,084,547,000,000.Fiscal year 2024: $1,128,287,000,000.Fiscal year 2025: $1,167,700,000,000.Fiscal year 2026: $1,211,081,000,000.Fiscal year 2027: $1,257,670,000,000.Fiscal year 2028: $1,305,822,000,000.Fiscal year 2029: $1,354,109,000,000.Fiscal year 2030: $1,401,701,000,000.Fiscal year 2031: $1,451,146,000,000.
(b)Social Security Outlays.—For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633) and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows:Fiscal year 2022: $1,073,387,000,000.Fiscal year 2023: $1,153,424,000,000.Fiscal year 2024: $1,231,164,000,000.Fiscal year 2025: $1,311,894,000,000.Fiscal year 2026: $1,389,018,000,000.Fiscal year 2027: $1,472,602,000,000.Fiscal year 2028: $1,566,258,000,000.Fiscal year 2029: $1,662,981,000,000.Fiscal year 2030: $1,764,408,000,000.Fiscal year 2031: $1,868,859,000,000.
(c)Social Security Administrative Expenses.—In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2022:(A) New budget authority, $6,339,000,000.(B) Outlays, $6,311,000,000. Fiscal year 2023:(A) New budget authority, $6,541,000,000.(B) Outlays, $6,490,000,000. Fiscal year 2024:(A) New budget authority, $6,757,000,000.(B) Outlays, $6,700,000,000. Fiscal year 2025:(A) New budget authority, $6,969,000,000.(B) Outlays, $6,912,000,000. Fiscal year 2026:(A) New budget authority, $7,185,000,000.(B) Outlays, $7,128,000,000. Fiscal year 2027:(A) New budget authority, $7,405,000,000.(B) Outlays, $7,347,000,000. Fiscal year 2028:(A) New budget authority, $7,631,000,000.(B) Outlays, $7,571,000,000. Fiscal year 2029:(A) New budget authority, $7,862,000,000.(B) Outlays, $7,800,000,000. Fiscal year 2030:(A) New budget authority, $8,098,000,000.(B) Outlays, $8,035,000,000. Fiscal year 2031:(A) New budget authority, $8,343,000,000.(B) Outlays, $8,278,000,000. SEC. 1202. POSTAL SERVICE DISCRETIONARY ADMINISTRATIVE EXPENSES IN THE SENATE.In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2022:(A) New budget authority, $278,000,000.(B) Outlays, $278,000,000. Fiscal year 2023:(A) New budget authority, $287,000,000.(B) Outlays, $287,000,000. Fiscal year 2024:(A) New budget authority, $299,000,000.(B) Outlays, $298,000,000. Fiscal year 2025:(A) New budget authority, $310,000,000.(B) Outlays, $310,000,000. Fiscal year 2026:(A) New budget authority, $321,000,000.(B) Outlays, $320,000,000. Fiscal year 2027:(A) New budget authority, $332,000,000.(B) Outlays, $332,000,000. Fiscal year 2028:(A) New budget authority, $344,000,000.(B) Outlays, $343,000,000. Fiscal year 2029:(A) New budget authority, $356,000,000.(B) Outlays, $355,000,000. Fiscal year 2030:(A) New budget authority, $368,000,000.(B) Outlays, $367,000,000. Fiscal year 2031:(A) New budget authority, $381,000,000.(B) Outlays, $380,000,000. TITLE II—RECONCILIATION SEC. 2001. RECONCILIATION IN THE SENATE.(a) Committee on Agriculture, Nutrition, and Forestry.—The Committee on Agriculture, Nutrition, and Forestry of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $135,000,000,000 for the period of fiscal years 2022 through 2031.
(b)Committee on Banking, Housing, and Urban Affairs.—The Committee on Banking, Housing, and Urban Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $332,000,000,000 for the period of fiscal years 2022 through 2031.
(c)Committee on Commerce, Science, and Transportation.—The Committee on Commerce, Science, and Transportation of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $83,076,000,000 for the period of fiscal years 2022 through 2031.
(d)Committee on Energy and Natural Resources.—The Committee on Energy and Natural Resources of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $198,000,000,000 for the period of fiscal years 2022 through 2031.
(e)Committee on Environment and Public Works.—The Committee on Environment and Public Works of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $67,264,000,000 for the period of fiscal years 2022 through 2031.
(f)Committee on Finance.—The Committee on Finance of the Senate shall report changes in laws within its jurisdiction that reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2022 through 2031.
(g)Committee on Health, Education, Labor, and Pensions.—The Committee on Health, Education, Labor, and Pensions of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $726,380,000,000 for the period of fiscal years 2022 through 2031.
(h)Committee on Homeland Security and Governmental Affairs.—The Committee on Homeland Security and Governmental Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $37,000,000,000 for the period of fiscal years 2022 through 2031.
(i)Committee on Indian Affairs.—The Committee on Indian Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $20,500,000,000 for the period of fiscal years 2022 through 2031.
(j)Committee on the Judiciary.—The Committee on the Judiciary of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $107,500,000,000 for the period of fiscal years 2022 through 2031.
(k)Committee on Small Business and Entrepreneurship.—The Committee on Small Business and Entrepreneurship of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $25,000,000,000 for the period of fiscal years 2022 through 2031.
(l)Committee on Veterans’ Affairs.—The Committee on Veterans’ Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $18,000,000,000 for the period of fiscal years 2022 through 2031.
(m)Submissions.—In the Senate, not later than September 15, 2021, the Committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the Senate. Upon receiving all such recommendations, the Committee on the Budget of the Senate shall report to the Senate a reconciliation bill carrying out all such recommendations without any substantive revision. SEC. 2002. RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.(a) Committee on Agriculture.—The Committee on Agriculture of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $89,100,000,000 for the period of fiscal years 2022 through 2031.
(b)Committee on Education and Labor.—The Committee on Education and Labor of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $779,500,000,000 for the period of fiscal years 2022 through 2031.
(c)Committee on Energy and Commerce.—The Committee on Energy and Commerce of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $486,500,000,000 for the period of fiscal years 2022 through 2031.
(d)Committee on Financial Services.—The Committee on Financial Services of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $339,000,000,000 for the period of fiscal years 2022 through 2031.
(e)Committee on Homeland Security.—The Committee on Homeland Security of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $500,000,000 for the period of fiscal years 2022 through 2031.
(f)Committee on the Judiciary.—The Committee on the Judiciary of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $107,500,000,000 for the period of fiscal years 2022 through 2031.
(g)Committee on Natural Resources.—The Committee on Natural Resources of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $25,600,000,000 for the period of fiscal years 2022 through 2031.
(h)Committee on Oversight and Reform.—The Committee on Oversight and Reform of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $7,500,000,000 for the period of fiscal years 2022 through 2031.
(i)Committee on Science, Space, and Technology.—The Committee on Science, Space, and Technology of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $45,510,000,000 for the period of fiscal years 2022 through 2031.
(j)Committee on Small Business.—The Committee on Small Business of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $17,500,000,000 for the period of fiscal years 2022 through 2031.
(k)Committee on Transportation and Infrastructure.—The Committee on Transportation and Infrastructure of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $60,000,000,000 for the period of fiscal years 2022 through 2031.
(l)Committee on Veterans’ Affairs.—The Committee on Veterans’ Affairs of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $18,000,000,000 for the period of fiscal years 2022 through 2031.
(m)Committee on Ways and Means.—The Committee on Ways and Means of the House of Representatives shall report changes in laws within its jurisdiction that reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2022 through 2031.
(n)Submissions.—In the House of Representatives, not later than September 15, 2021, the committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the House of Representatives to carry out this section. TITLE III—RESERVE FUNDS SEC. 3001. RESERVE FUND FOR LEGISLATION THAT WON’T RAISE TAXES ON PEOPLE MAKING LESS THAN $400,000 IN THE SENATE.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to changes in revenues, without raising taxes on people making less than $400,000, by the amounts in such legislation for those purposes, provided that such legislation would not increase the deficit for the time period of fiscal year 2022 to fiscal year 2031. SEC. 3002. RESERVE FUND FOR RECONCILIATION LEGISLATION.(a) Senate.—(1) In general.—The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for any bill or joint resolution considered pursuant to section 2001 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation, if the budgetary effects of the legislation comply with the reconciliation instructions under this concurrent resolution, except that no adjustment shall be made pursuant to this subsection if such legislation raises taxes on people making less than $400,000.
(2)Determination of compliance.—For purposes of this subsection, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the Chairman of the Committee on the Budget of the Senate.
(3)Exceptions for legislation.—(A) Short-term.—Section 404 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, as amended by section 3201(b)(2) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1).
(B)Long-term.—Section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1).
(b)House of Representatives.—(1) In general.—In the House of the Representatives, the chair of the Committee on the Budget may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this concurrent resolution for any bill or joint resolution considered pursuant to this concurrent resolution containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation.
(2)Exception for legislation.—The point of order set forth in clause 10 of rule XXI of the House of Representatives shall not apply to reconciliation legislation reported by the Committee on the Budget pursuant to submissions under this concurrent resolution. SEC. 3003. RESERVE FUND.(a) Senate.—The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit for the time period of fiscal year 2022 to fiscal year 2031.
(b)House of Representatives.—The chair of the Committee on the Budget of the House of Representatives may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this concurrent resolution for one or more bills, joint resolutions, amendments, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit for the following time periods: fiscal year 2022 to fiscal year 2026 and fiscal year 2022 to fiscal year 2031. SEC. 3004. DEFICIT-NEUTRAL RESERVE FUND TO PROHIBIT THE GREEN NEW DEAL.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal greenhouse gas restrictions, which may include limiting or prohibiting legislation or regulations to implement the Green New Deal, to ship United States companies and jobs overseas, to impose soaring electricity, gasoline, home heating oil, and other energy prices on working class families, or to make the United States increasingly dependent on foreign supply chains, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3005. RESERVE FUND RELATING TO ADDRESSING THE CRISIS OF CLIMATE CHANGE.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to addressing the crisis of climate change through new policies that create jobs, reduce pollution, and strengthen the economy of the United States by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. SEC. 3006. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SUPPORTING PRIVATELY-HELD BUSINESSES, FARMS, AND RANCHES.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to protecting privately-held businesses, farms, and ranches, which may include—(1) preserving the tax principles in effect as of the date of the adoption of this resolution which are applicable to owning, operating, or transferring such businesses, farms, and ranches,
(2)preserving the full benefit of the step-up in basis for assets acquired from a decedent, or
(3)extending tax relief for such businesses, farms or ranches, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3007. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROMOTING US COMPETITIVENESS AND INNOVATION BY SUPPORTING RESEARCH AND DEVELOPMENT.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting United States economic competitiveness and innovation, which may include expanding the research and development tax credit for small businesses and preserving full expensing for research and development investments, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3008. RESERVE FUND RELATING TO PROTECTING TAXPAYER PRIVACY WHILE ENSURING THOSE EVADING THE TAX SYSTEM PAY WHAT THEY OWE.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening Federal tax administration, which may include requiring reporting on large financial account balances to ensure those evading the tax system pay what they owe while protecting the privacy of American taxpayer and small business tax information, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. SEC. 3009. DEFICIT-NEUTRAL RESERVE FUND TO PROHIBIT THE COUNCIL ON ENVIRONMENTAL QUALITY AND ENVIRONMENTAL PROTECTION AGENCY FROM PROMULGATING RULES OR GUIDANCE THAT BANS FRACKING IN THE UNITED STATES.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the National Environmental Policy Act of 1969 and environmental laws and policies, which may include limiting or prohibiting the Chair of the Council on Environmental Quality and the Administrator of the Environmental Protection Agency from proposing, finalizing, or implementing a rule or guidance that bans fracking in the United States by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3010. DEFICIT-NEUTRAL RESERVE FUND RELATING TO FACILITATING IMPROVED INTERNET SERVICE FOR CUBAN CITIZENS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving the National Telecommunications and Information Administration, which may include ensuring that the internet is an engine for innovation and economic growth for the Cuban people, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3011. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ADJUSTING FEDERAL FUNDING FOR LOCAL JURISDICTIONS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to adjustments to Federal funds for local governments within the jurisdiction of the committees receiving reconciliation instructions under section 2001 of this resolution, which may include limiting or eliminating Federal payments, other than grants under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ([34 U.S.C. 10151 et seq.](/us/usc/t34/s10151/etseq)) (commonly known as the “Byrne JAG grant program”) or section 1701 of title I of such Act ([34 U.S.C. 10381](/us/usc/t34/s10381)) (commonly known as the “COPS grant program”), to local governments that defund the police, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3012. RESERVE FUND RELATING TO HONORING THE CAPITOL POLICE, DC METROPOLITAN POLICE, AND FIRST RESPONDERS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to honoring the United States Capitol Police, the District of Columbia Metropolitan Police, and all other first responders, who fought and died protecting Congress and the United States Capitol from the mob of insurrectionists on January 6th, 2021, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. SEC. 3013. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SUPPORTING OR EXPEDITING THE DEPLOYMENT OF CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION TECHNOLOGIES.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental and energy policies, which may include supporting or expediting the deployment of carbon capture, utilization, and sequestration technologies (including technologies that may be used on coal- and natural gas-fired power plants) in the United States to lower emissions and to increase the use of captured carbon dioxide for valuable products and enhanced oil recovery, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3014. DEFICIT-NEUTRAL RESERVE FUND RELATING TO POLICIES OR LEGISLATION TO PROHIBIT THE DEPARTMENT OF AGRICULTURE FROM MAKING INELIGIBLE FOR FINANCING FOSSIL FUEL-BURNING POWER PLANTS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to agriculture policy, which may include prohibiting or limiting the Department of Agriculture from making ineligible for financing the construction, maintenance, or improvement of fossil fuel-burning power plants by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3015. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE PROVISIONS OF THE AMERICAN RESCUE PLAN ACT.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to limitations on Federal relief funds for State or local governments, which may include lifting or prohibiting restrictions related to modifications to a State’s or territory’s tax revenue source, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3016. DEFICIT-NEUTRAL RESERVE FUND RELATING TO MEANS-TESTING ELECTRIC VEHICLE TAX CREDITS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to means-testing electric vehicle tax credits, which may include limiting eligibility of individuals with an adjusted gross income of greater than $100,000 or setting maximum car values allowed for eligible purchases at $40,000, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3017. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROHIBITING OR LIMITING THE ISSUANCE OF COSTLY CLEAN AIR ACT PERMIT REQUIREMENTS ON FARMERS AND RANCHERS IN THE UNITED STATES OR THE IMPOSITION OF NEW FEDERAL METHANE REQUIREMENTS ON LIVESTOCK.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental policies under the Clean Air Act ([42 U.S.C. 7401 et seq.](/us/usc/t42/s7401/etseq)), which may include prohibiting or limiting the issuance of costly permit requirements under that Act on farmers and ranchers in the United States or the imposition of any new Federal methane requirements on livestock that would have the effect of increasing the cost of beef and other critical products, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3018. DEFICIT-NEUTRAL RESERVE FUND RELATING TO FUNDING OF THE OFFICE OF FOREIGN ASSETS CONTROL.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to funding of the Office of Foreign Assets Control, which may include additional resources for enforcement activities or additional sanctions against terrorist organizations, including those in the Gaza Strip and their members, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3019. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ABORTION FUNDING.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving health programs, which may include prohibiting funding for abortions consistent with the Hyde amendment or limitations on Federal funding to State or local governments that discriminate against entities who refuse to participate in abortion consistent with the Weldon amendment, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3020. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ENSURING ROBUST, SECURE, AND HUMANE SUPPLY CHAINS, SOURCED BY THE UNITED STATES AND ALLIES OF THE UNITED STATES, FOR RENEWABLE ENERGY MATERIALS, TECHNOLOGY, AND CRITICAL MINERALS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal energy policy, which may include ensuring robust, secure, and humane supply chains for renewable energy products and critical minerals and prohibiting or limiting renewable energy projects funded or subsidized by Federal funds from purchasing materials, technology, and critical minerals produced in China, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3021. RESERVE FUND RELATING TO ENSURING ROBUST, SECURE, AND HUMANE SUPPLY CHAINS BY PROHIBITING THE USE OF FEDERAL FUNDS TO PURCHASE MATERIALS, TECHNOLOGY, AND CRITICAL MINERALS PRODUCED, MANUFACTURED, OR MINED WITH FORCED LABOR.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to ensuring robust, secure, and humane supply chains by prohibiting the use of Federal funds to purchase materials, technology, and critical minerals produced, manufactured, or mined with forced labor by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. SEC. 3022. RESERVE FUND RELATING TO GREAT LAKES ICE BREAKING OPERATIONAL IMPROVEMENTS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving Coast Guard operations, which may include funding for the acquisition, design, and construction of a Great Lakes heavy icebreaker, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. SEC. 3023. DEFICIT-NEUTRAL RESERVE FUND RELATING TO IMMIGRATION ENFORCEMENT AND ADDRESSING THE HUMANITARIAN CRISIS AT THE SOUTHERN BORDER.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to immigration enforcement, which may include strengthening enforcement of immigration laws to address the humanitarian crisis at the southern border, dramatically increasing funding for smart and effective border security measures, improving asylum processing, and reducing immigration court backlogs, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3024. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROVIDING QUALITY EDUCATION FOR CHILDREN.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to providing quality education for the children of the United States, which may include prohibiting or limiting Federal funding from being used to promote critical race theory or compel teachers or students to affirm critical race theory in prekindergarten programs, elementary schools, and secondary schools, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3025. DEFICIT-NEUTRAL RESERVE FUND RELATING TO HIRING 100,000 NEW POLICE OFFICERS.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to public safety, which may include funding the hiring of 100,000 new police officers nationwide, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3026. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PREVENTING ELECTRICITY BLACKOUTS AND IMPROVING ELECTRICITY RELIABILITY.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental and energy policies, which may include promoting the increased deployment and use of, or supporting the expansion of, baseload power resources in the United States, including coal-fired and natural gas-fired power plants with carbon capture, utilization, and sequestration technologies and nuclear power to prevent blackouts and improve electric reliability, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3027. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROTECTING MIGRANTS AND LOCAL COMMUNITIES AGAINST COVID–19.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to protecting migrants and local communities against COVID–19, which may include resources for testing and treatment of migrants at the United States border, resources for quarantining migrants who test positive, or prohibiting migrants who have not received a negative COVID–19 test from being transported elsewhere, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3028. DEFICIT-NEUTRAL RESERVE FUND RELATING TO STUDYING AND PROVIDING FOR TAX EQUIVALENCY UNDER THE PAYMENTS IN LIEU OF TAXES PROGRAM.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to studying and providing for tax equivalency under the payments in lieu of taxes program established under [chapter 69 of title 31, United States Code](/us/usc/t31/ch69), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3029. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PREVENTING TAX INCREASES ON SMALL BUSINESSES.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to preventing tax increases on small businesses by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3030. DEFICIT-NEUTRAL RESERVE FUND RELATING TO PROVIDING SUFFICIENT RESOURCES TO DETAIN AND DEPORT A HIGHER NUMBER OF ALIENS WHO HAVE BEEN CONVICTED OF A CRIME.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to ensuring that U.S. Immigration and Customs Enforcement has sufficient resources to detain and deport a higher number of illegal aliens who have been convicted of a criminal offense in the United States, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. SEC. 3031. DEFICIT-NEUTRAL RESERVE FUND RELATING TO MAINTAINING THE CURRENT LAW TAX TREATMENT OF LIKE KIND EXCHANGES.The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to maintaining the current law tax treatment of like kind exchanges under the Internal Revenue Code of 1986 by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. TITLE IV—OTHER MATTERS SEC. 4001. EMERGENCY LEGISLATION.(a) Senate.—(1) Authority to designate.—In the Senate, with respect to a provision of direct spending or receipts legislation or appropriations for discretionary accounts that Congress designates as an emergency requirement in such measure, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purpose of this subsection.
(2)Exemption of emergency provisions.—Any new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement, pursuant to this subsection, in any bill, joint resolution, amendment, amendment between the Houses, or conference report shall not count for purposes of sections 302 and 311 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633), 642), section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, and section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.
(3)Designations.—If a provision of legislation is designated as an emergency requirement under this subsection, the committee report and any statement of managers accompanying that legislation shall include an explanation of the manner in which the provision meets the criteria in paragraph (5).
(4)Definitions.—In this subsection, the terms “direct spending”, “receipts”, and “appropriations for discretionary accounts” mean any provision of a bill, joint resolution, amendment, motion, amendment between the Houses, or conference report that affects direct spending, receipts, or appropriations as those terms have been defined and interpreted for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 900 et seq.](/us/usc/t2/s900/etseq)).
(5)Criteria.—(A) In general.—For purposes of this subsection, any provision is an emergency requirement if the situation addressed by such provision is—(i) necessary, essential, or vital (not merely useful or beneficial);
(ii)sudden, quickly coming into being, and not building up over time;
(iii)an urgent, pressing, and compelling need requiring immediate action;
(iv)subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and
(v)not permanent, temporary in nature.
(B)Unforeseen.—An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.
(6)Repeal.—In the Senate, section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, shall no longer apply.
(b)House of Representatives.—(1) In general.—In the House of Representatives, if a bill, joint resolution, amendment, or conference report contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as emergency requirement, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for any purpose in the House of Representatives.
(2)Proposal to strike.—A proposal to strike a designation under paragraph
(1)shall be excluded from an evaluation of budgetary effects for any purpose in the House of Representatives.
(3)Amendment to reduce amounts.—An amendment offered under paragraph
(2)that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure.
(4)References.—(A) In general.—All references to section 1(f) of H. Res. 467 (117th Congress) in any bill or joint resolution, or an amendment thereto or conference report thereon, shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution.
(B)BBEDCA.—All references to a designation by the Congress for an emergency requirement pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)](/us/usc/t2/s901/b)) for amounts for fiscal year 2022 or succeeding fiscal years in any legislation implementing a bipartisan infrastructure agreement shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. SEC. 4002. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS IN THE SENATE.(a) In General.—(1) Point of order.—Except as provided in subsection (b), it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would provide an advance appropriation for a discretionary account.
(2)Definition.—In this section, the term “**advance appropriation**” means any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2022 that first becomes available for any fiscal year after 2022, or any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2023, that first becomes available for any fiscal year after 2023.
(b)Exceptions.—Advance appropriations may be provided—(1) for fiscal years 2023 and 2024 for programs, projects, activities, or accounts identified in the joint explanatory statement of managers accompanying this resolution under the heading “Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year;
(2)for the Corporation for Public Broadcasting;
(3)for the Department of Veterans Affairs for the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration;
(4)for legislation implementing a bipartisan infrastructure agreement, as determined by the Chairman of the Committee on the Budget of the Senate; and
(5)for the Department of Health and Human Services for the Indian Health Services and Indian Health Facilities accounts—(A) in an amount that is not more than the amount provided for fiscal year 2022 in a bill or joint resolution making appropriations for fiscal year 2022; and
(B)in an amount that is not more than the amount provided for fiscal year 2023 in a bill or joint resolution making appropriations for fiscal year 2023.
(c)Supermajority Waiver and Appeal.—(1) Waiver.—In the Senate, subsection
(a)may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
(2)Appeal.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a).
(d)Form of Point of Order.—A point of order under subsection
(a)may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ([2 U.S.C. 644(e)](/us/usc/t2/s644/e)).
(e)Conference Reports.—When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. SEC. 4003. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS IN THE HOUSE OF REPRESENTATIVES.(a) In General.—In the House of Representatives, except as provided in subsection (b), any general appropriation bill or bill or joint resolution continuing appropriations, or an amendment thereto or conference report thereon, may not provide an advance appropriation.
(b)Exceptions.—An advance appropriation may be provided for programs, activities, or accounts identified in lists submitted for printing in the Congressional Record by the chair of the Committee on the Budget—(1) for fiscal year 2023, under the heading “Accounts Identified for Advance Appropriations” in an aggregate amount not to exceed $28,852,000,000 in new budget authority, and for fiscal year 2024, accounts separately identified under the same heading; and
(2)for fiscal year 2023, under the heading “Veterans Accounts Identified for Advance Appropriations”.
(c)Definition.—In this section, the term “**advance appropriation**” means any new discretionary budget authority provided in a general appropriation bill or bill or joint resolution continuing appropriations for fiscal year 2022, or an amendment thereto or conference report thereon, that first becomes available following fiscal year 2022. SEC. 4004. PROGRAM INTEGRITY INITIATIVES AND OTHER ADJUSTMENTS IN THE SENATE.(a) In General.—In the Senate, after the reporting of a bill or joint resolution relating to any matter described in subsection
(b)or the adoption of a motion to proceed to, the offering of an amendment to, the laying before the Senate of an amendment between the Houses to, or the submission of a conference report on such a bill or joint resolution—(1) the Chairman of the Committee on the Budget of the Senate may adjust the budgetary aggregates and allocations pursuant to section 302(a) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)](/us/usc/t2/s633/a)) by the amount of new budget authority in that measure for that purpose and the outlays flowing therefrom; and
(2)following any adjustment under paragraph (1), the Committee on Appropriations of the Senate may report appropriately revised suballocations pursuant to section 302(b) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(b)](/us/usc/t2/s633/b)) to carry out this section.
(b)Matters Described.—Matters referred to in subsection
(a)are as follows:(1) Continuing disability reviews and redeterminations.—(A) In general.—If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act ([42 U.S.C. 401 et seq.](/us/usc/t42/s401/etseq), 1381 et seq.), for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustment shall be the additional new budget authority specified in such measure for such costs for fiscal year 2022, but shall not exceed $1,435,000,000.
(B)Definitions.—As used in this paragraph—(i) the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $273,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for the costs of continuing disability reviews, redeterminations, cooperative disability investigation units, and the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys under the heading “Limitation on Administrative Expenses” for the Social Security Administration;
(ii)the term “**continuing disability reviews**” means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act ([42 U.S.C. 421(i)](/us/usc/t42/s421/i), 1382c(a)(4)), including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity; and
(iii)the term “**redetermination**” means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act ([42 U.S.C. 1382(c)(1)](/us/usc/t42/s1382/c/1), 1382c(a)(3)(H)).
(2)Internal revenue service enforcement.—(A) In general.—If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for tax enforcement activities, including tax compliance to address the Federal tax gap (including an amount for Internal Revenue Service Enforcement (account 020–0913), for Internal Revenue Service Operations Support (account 020–0919), for Internal Revenue Service Business Systems Modernization (account 020–0921), or for Internal Revenue Service Taxpayer Services (account 020–0912)), then the adjustment shall be the additional new budget authority specified in such measure for fiscal year 2022, but shall not exceed $417,000,000.
(B)Definition.—In this paragraph, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $11,919,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for tax enforcement activities, including tax compliance to address the Federal tax gap, for Internal Revenue Service Enforcement (account 020–0913), Internal Revenue Service Operations Support (account 020–0919), Internal Revenue Service Business Systems Modernization (account 020–0921), or Internal Revenue Service Taxpayer Services (account 020–0912).
(3)Health care fraud and abuse control.—(A) In general.—If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustment shall be the additional new budget authority specified in such measure for such program for fiscal year 2022, but shall not exceed $556,000,000.
(B)Definition.—As used in this paragraph, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $317,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571).
(4)Reemployment services and eligibility assessments.—(A) In general.—If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for grants to States under section 306 of the Social Security Act ([42 U.S.C. 506](/us/usc/t42/s506)) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, then the adjustment shall be the additional new budget authority specified in such measure for such grants for fiscal year 2022, but shall not exceed $133,000,000.
(B)Definition.—As used in this paragraph, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $117,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for grants to States under section 306 of the Social Security Act ([42 U.S.C. 506](/us/usc/t42/s506)) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits.
(5)Wildfire suppression.—(A) Additional new budget authority.—If, for any of fiscal years 2022 through 2027, a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for such a fiscal year provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that measure for wildfire suppression operations for that fiscal year, but shall not exceed the amount for that fiscal year specified in section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)(2)(F)(i)](/us/usc/t2/s901/b/2/F/i)).
(B)Definitions.—As used in this paragraph, the terms “additional new budget authority” and “wildfire suppression operations” have the meanings given those terms in section 251(b)(2)(F)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)(2)(F)(ii)](/us/usc/t2/s901/b/2/F/ii)).
(6)Disaster relief.—(A) Additional new budget authority.—If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 provides an amount for disaster relief, the adjustment for fiscal year 2022 shall be the total of such appropriations for fiscal year 2022 designated as being for disaster relief, but not to exceed the amount equal to the total amount calculated for fiscal year 2022 in accordance with the formula in section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)(2)(D)(i)](/us/usc/t2/s901/b/2/D/i)), except that such formula shall be applied by substituting “fiscal years 2012 through 2022” for “fiscal years 2012 through 2021”.
(B)Definition.—As used in this paragraph, the term “**disaster relief**” means activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122(2)](/us/usc/t42/s5122/2)).
(7)Veterans medical care.—(A) In general.—If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for veterans medical care (in the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration), then the adjustment shall be the additional new budget authority specified in such measure for such medical care for fiscal year 2022, but shall not exceed $7,602,000,000.
(B)Definition.—As used in this paragraph, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $89,849,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for veterans medical care.
(c)Application of Adjustments.—The adjustments made pursuant to subsection
(a)for legislation shall—(1) apply while that legislation is under consideration;
(2)take effect upon the enactment of that legislation; and
(3)be published in the Congressional Record as soon as practicable. SEC. 4005. PROGRAM INTEGRITY INITIATIVES AND OTHER ADJUSTMENTS IN THE HOUSE OF REPRESENTATIVES.(a) Adjustment for Continuing Disability Reviews and Redeterminations.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act ([42 U.S.C. 401 et seq.](/us/usc/t42/s401/etseq), 1381 et seq.), for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustment shall be the additional new budget authority specified in such measure for such purpose, but shall not exceed $1,435,000,000.
(2)Definitions.—As used in this subsection—(A) the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $273,000,000, in a bill, joint resolution, amendment, or conference report and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading “Limitation on Administrative Expenses” for the Social Security Administration;
(B)the term “**continuing disability reviews**” means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act ([42 U.S.C. 421(i)](/us/usc/t42/s421/i), 1382c(a)(4)), including work related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity; and
(C)the term “**redetermination**” means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act ([42 U.S.C. 1382(c)(1)](/us/usc/t42/s1382/c/1), 1382c(a)(3)(H)).
(3)References.—All references to section 1(k) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution.
(b)Adjustment for Internal Revenue Service Tax Enforcement.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for tax enforcement activities, including tax compliance to address the Federal tax gap, in the Enforcement account and the Operations Support account of the Internal Revenue Service of the Department of the Treasury, then the adjustment shall be the additional new budget authority provided in such measure for such purpose, but shall not exceed $417,000,000.
(2)Definition.—As used in this subsection, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $9,141,000,000, in a bill, joint resolution, amendment, or conference report and specified for tax enforcement activities, including tax compliance to address the Federal tax gap, of the Internal Revenue Service.
(3)References.—All references to section 1(i) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution.
(c)Adjustment for Health Care Fraud and Abuse Control.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustment shall be the additional new budget authority specified in such measure for such purpose for fiscal year 2022, but shall not exceed $556,000,000.
(2)Definition.—As used in this subsection the term “**additional new budget authority**” means the amount provided fiscal year 2022, in excess of $317,000,000, in a bill, joint resolution, amendment, or conference report and specified to pay for the costs of the health care fraud and abuse control program.
(3)References.—All references to section 1(j) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution.
(d)Reemployment Services and Eligibility Assessments.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for grants to States under section 306 of the Social Security Act ([42 U.S.C. 506](/us/usc/t42/s506)) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, then the adjustment shall be the additional new budget authority specified in such measure for such grants for fiscal year 2022, but shall not exceed $133,000,000.
(2)Definition.—As used in this subsection, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $117,000,000, in a bill, joint resolution, amendment, or conference report making discretionary appropriations and specified to pay for grants to States under section 306 of the Social Security Act ([42 U.S.C. 506](/us/usc/t42/s506)) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits.
(e)Adjustment for Wildfire Suppression.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustment shall be the amount of additional new budget authority specified in such measure as being for wildfire suppression operations for fiscal year 2022, but shall not exceed $2,450,000,000.
(2)Definitions.—As used in this subsection—(A) the term “**additional new budget authority**” means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as reported in the budget of the President submitted under [section 1105(a) of title 31, United States Code](/us/usc/t31/s1105/a), for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations; and
(B)the term “**wildfire suppression operations**” means the emergency and unpredictable aspects of wildland firefighting, including—(i) support, response, and emergency stabilization activities;
(ii)other emergency management activities; and
(iii)the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.
(3)References.—All references to section 1(h) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution.
(f)Adjustment for Disaster Relief.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations specifies an amount that Congress designates as being for disaster relief, the adjustment for fiscal year 2022 shall be the total of such appropriations for fiscal year 2022 designated as being for disaster relief, but not to exceed the total of—(A) the average over the previous 10 fiscal years (excluding the highest and lowest fiscal years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before March 23, 2018);
(B)5 percent of the total appropriations provided in the previous 10 fiscal years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121 et seq.](/us/usc/t42/s5121/etseq)) and designated by the Congress as an emergency; and
(C)the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subparagraphs
(A)and
(B)less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.
(2)Definition.—As used in this subsection, the term “**disaster relief**” means activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5122(2)](/us/usc/t42/s5122/2)).
(3)References.—All references to section 1(g) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution.
(g)Veterans Medical Care.—In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows:(1) In general.—If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for veterans medical care (in the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration), then the adjustment shall be the additional new budget authority specified in such measure for such medical care for fiscal year 2022, but shall not exceed $7,602,000,000.
(2)Definition.—As used in this subsection, the term “**additional new budget authority**” means the amount provided for fiscal year 2022, in excess of $89,849,000,000, in a bill, joint resolution, amendment, or conference report making discretionary appropriations and specified to pay for veterans medical care. SEC. 4006. ENFORCEMENT FILING.(a) Senate.—In the Senate, if this concurrent resolution on the budget is agreed to by the Senate and House of Representatives without the appointment of a committee of conference on the disagreeing votes of the two Houses, the Chairman of the Committee on the Budget of the Senate may submit a statement for publication in the Congressional Record containing—(1) for the Committee on Appropriations, committee allocations for fiscal year 2022 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)); and
(2)for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2022, 2022 through 2026, and 2022 through 2031 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)).
(b)House of Representatives.—In the House of Representatives, if a concurrent resolution on the budget for fiscal year 2022 is adopted without the appointment of a committee of conference on the disagreeing votes of the two Houses with respect to this concurrent resolution on the budget, for the purpose of enforcing the Congressional Budget Act of 1974 ([2 U.S.C. 621 et seq.](/us/usc/t2/s621/etseq)) and applicable rules and requirements set forth in the concurrent resolution on the budget, the allocations provided for in this subsection shall apply in the House of Representatives in the same manner as if such allocations were in a joint explanatory statement accompanying a conference report on the budget for fiscal year 2022. The chair of the Committee on the Budget of the House of Representatives shall submit a statement for publication in the Congressional Record containing—(1) for the Committee on Appropriations, committee allocations for fiscal year 2022 consistent with title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)); and
(2)for all committees other than the Committee on Appropriations, committee allocations consistent with title I for fiscal year 2022 and for the period of fiscal years 2022 through 2031 for the purpose of enforcing 302 of the Congressional Budget Act of 1974 ([2 U.S.C. 633](/us/usc/t2/s633)). SEC. 4007. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS, AGGREGATES, AND OTHER BUDGETARY LEVELS.(a) Application.—Any adjustments of allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall—(1) apply while that measure is under consideration;
(2)take effect upon the enactment of that measure; and
(3)be published in the Congressional Record as soon as practicable.
(b)Effect of Changed Allocations, Aggregates, and Other Budgetary Levels.—Revised allocations, aggregates, and other budgetary levels resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 ([2 U.S.C. 621 et seq.](/us/usc/t2/s621/etseq)) as the allocations, aggregates, and other budgetary levels contained in this concurrent resolution.
(c)Budget Committee Determinations.—For purposes of this concurrent resolution, the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the applicable House of Congress. SEC. 4008. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.(a) Senate.—In the Senate, upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution in accordance with section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)](/us/usc/t2/s901/b)).
(b)House of Representatives.—In the House of Representatives, upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels in this concurrent resolution accordingly. SEC. 4009. ADJUSTMENT FOR BIPARTISAN INFRASTRUCTURE LEGISLATION IN THE SENATE.(a) Adjustments.—In the Senate, upon the enactment of an infrastructure bill or joint resolution, including legislation implementing a bipartisan infrastructure agreement, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution to reflect changes resulting from the enactment of such bill or joint resolution.
(b)Determinations.—For purposes of this section, the levels of budget authority and outlays shall be determined on the basis of estimates submitted by the Chairman of the Committee on the Budget of the Senate. SEC. 4010. ADJUSTMENT FOR INFRASTRUCTURE LEGISLATION IN THE HOUSE OF REPRESENTATIVES.In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes resulting from the enactment of an infrastructure bill or joint resolution, including legislation implementing the INVEST in America Act or a bipartisan infrastructure agreement. SEC. 4011. APPLICABILITY OF ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS.Except as expressly provided otherwise, the adjustments provided by section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901(b)](/us/usc/t2/s901/b)) shall not apply to allocations, aggregates, or other budgetary levels established pursuant to this concurrent resolution. SEC. 4012. BUDGETARY TREATMENT OF ADMINISTRATIVE EXPENSES.(a) Senate.—(1) In general.—In the Senate, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)(1)](/us/usc/t2/s633/a/1)), section 13301 of the Budget Enforcement Act of 1990 ([2 U.S.C. 632 note](/us/usc/t2/s632)), and [section 2009a of title 39, United States Code](/us/usc/t39/s2009a), the report or the joint explanatory statement accompanying this concurrent resolution on the budget or the statement filed pursuant to section 4006(a), as applicable, shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)](/us/usc/t2/s633/a)) to the Committee on Appropriations of the Senate of amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service.
(2)Special rule.—In the Senate, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(f)](/us/usc/t2/s633/f)), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in paragraph (1).
(b)House of Representatives.—(1) In general.—In the House of Representatives, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)(1)](/us/usc/t2/s633/a/1)), section 13301 of the Budget Enforcement Act of 1990 ([2 U.S.C. 632 note](/us/usc/t2/s632)), and [section 2009a of title 39, United States Code](/us/usc/t39/s2009a), the report or the joint explanatory statement accompanying this concurrent resolution on the budget or the statement filed pursuant to section 4006(b), as applicable, shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(a)](/us/usc/t2/s633/a)) to the Committee on Appropriations of the House of Representatives of amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service.
(2)Special rule.—In the House of Representatives, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 ([2 U.S.C. 633(f)](/us/usc/t2/s633/f)), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in paragraph (1). SEC. 4013. APPROPRIATE BUDGETARY ADJUSTMENTS IN THE HOUSE OF REPRESENTATIVES.In the House of Representatives, the chair of the Committee on the Budget of the House of Representatives may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom pursuant to the adjustment authorities provided by this concurrent resolution. SEC. 4014. ADJUSTMENT FOR CHANGES IN THE BASELINE IN THE HOUSE OF REPRESENTATIVES.In the House of Representatives, the chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2022 through 2031. SEC. 4015. SCORING RULE IN THE SENATE FOR CHILD CARE AND PRE-KINDERGARTEN LEGISLATION.(a) In General.—In the Senate, for the purposes of estimates with respect to any child care or pre-kindergarten legislation during the 117th Congress, the Congressional Budget Office shall consider funding for programs under the Head Start Act ([42 U.S.C. 9831 et seq.](/us/usc/t42/s9831/etseq)) to continue at baseline levels.
(b)Exception.—This section shall not apply to any bill or joint resolution making appropriations for discretionary accounts. SEC. 4016. EXERCISE OF RULEMAKING POWERS.Congress adopts the provisions of this title—(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, and as such they shall be considered as part of the rules of each House or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and
(2)with full recognition of the constitutional right of either the Senate or the House of Representatives to change those rules (insofar as they relate to that House) at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate or House of Representatives. Agreed to August 24, 2021. H.Con.Res. 41: NATIONAL PEACE OFFICERS MEMORIAL SERVICE AND NATIONAL HONOR GUARD AND PIPE BAND EXHIBITION—CAPITOL GROUNDS AUTHORIZATION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 House Concurrent Resolution41Sept. 23, 2021 NATIONAL PEACE OFFICERS MEMORIAL SERVICE AND NATIONAL HONOR GUARD AND Sept. 23, 2021[[H. Con. Res. 41](/us/bill//hconres/41)]PIPE BAND EXHIBITION—CAPITOL GROUNDS AUTHORIZATION * Resolved by the House of Representatives (the Senate concurring),* That SECTION 1. USE OF THE CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS MEMORIAL SERVICE.(a) In General.—The Grand Lodge of the Fraternal Order of Police and its auxiliary shall be permitted to sponsor a public event, the 40th Annual National Peace Officers Memorial Service (in this resolution referred to as the “Memorial Service”), on the Capitol Grounds, in order to honor the law enforcement officers who died in the line of duty during 2020.
(b)Date of Memorial Service.—The Memorial Service shall be held on October 16, 2021, or on such other date as the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate jointly designate, with preparation for the event to begin on October 11, 2021, and takedown completed on October 17, 2021. SEC. 2. USE OF THE CAPITOL GROUNDS FOR NATIONAL HONOR GUARD AND PIPE BAND EXHIBITION.(a) In General.—The Grand Lodge of the Fraternal Order of Police and its auxiliary shall be permitted to sponsor a public event, the National Honor Guard and Pipe Band Exhibition (in this resolution referred to as the “Exhibition”), on the Capitol Grounds, in order to allow law enforcement representatives to exhibit their ability to demonstrate Honor Guard programs and provide for a bagpipe exhibition.
(b)Date of Exhibition.—The Exhibition shall be held on October 16, 2021, or on such other date as the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate jointly designate. SEC. 3. TERMS AND CONDITIONS.(a) In General.—Under conditions to be prescribed by the Architect of the Capitol and the Capitol Police Board, the event shall be—(1) free of admission charge and open to the public; and
(2)arranged not to interfere with the needs of Congress.
(b)Expenses and Liabilities.—The sponsors of the Memorial Service and Exhibition shall assume full responsibility for all expenses and liabilities incident to all activities associated with the events. SEC. 4. EVENT PREPARATIONS.Subject to the approval of the Architect of the Capitol, the sponsors referred to in section 3(b) are authorized to erect upon the Capitol Grounds such stage, sound amplification devices, and other related structures and equipment, as may be required for the Memorial Service and Exhibition. SEC. 5. ENFORCEMENT OF RESTRICTIONS.The Capitol Police Board shall provide for enforcement of the restrictions contained in [section 5104(c) of title 40, United States Code](/us/usc/t40/s5104/c), concerning sales, advertisements, displays, and solicitations on the Capitol Grounds, as well as other restrictions applicable to the Capitol Grounds, in connection with the events. Agreed to September 23, 2021. S.Con.Res. 22: ROBERT JOSEPH DOLE—MEMORIAL SERVICE—CATAFALQUE AUTHORIZATION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 Senate Concurrent Resolution22Dec. 8, 2021 ROBERT JOSEPH DOLE—Dec. 8, 2021[[S. Con. Res. 22](/us/bill//sconres/22)]MEMORIAL SERVICE—CATAFALQUE AUTHORIZATION * Resolved by the Senate (the House of Representatives concurring),* That the Architect of the Capitol is authorized and directed to transfer the catafalque which is situated in the Exhibition Hall of the Capitol Visitor Center to the rotunda of the Capitol so that such catafalque may be used in connection with services to be conducted there for the Honorable Robert Joseph Dole, a Senator from the State of Kansas. Agreed to December 8, 2021. S.Con.Res. 23: ROBERT JOSEPH DOLE—LYING IN STATE—CAPITOL ROTUNDA AUTHORIZATION GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 Senate Concurrent Resolution23Dec. 8, 2021 ROBERT JOSEPH DOLE—Dec. 8, 2021[[S. Con. Res. 23](/us/bill//sconres/23)]LYING IN STATE—CAPITOL ROTUNDA AUTHORIZATION * Resolved by the Senate (the House of Representatives concurring),* That in recognition of the long and distinguished service rendered to the Nation by Robert Joseph Dole, a Senator from the State of Kansas, his remains be permitted to lie in state in the rotunda of the Capitol on Thursday, December 9, 2021, and the Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take all necessary steps for the accomplishment of that purpose. Agreed to December 8, 2021. H.Con.Res. 64: ENROLLMENT CORRECTION—S. 1605 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 House Concurrent Resolution64Dec. 15, 2021 Dec. 15, 2021[[H. Con. Res. 64](/us/bill//hconres/64)]ENROLLMENT CORRECTION—S. 1605 * Resolved by the House of Representatives (the Senate concurring),* That in the enrollment of the bill S. 1605, the Secretary of the Senate shall make the following correction: Amend the long title so as to read: “An Act to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.”. Agreed to December 15, 2021. S.Con.Res. 24: ENROLLMENT CORRECTIONS—S. 1605 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 2026-04-15 Senate Concurrent Resolution24Dec. 20, 2021 Dec. 20, 2021[[S. Con. Res. 24](/us/bill//sconres/24)]ENROLLMENT CORRECTIONS—S. 1605 * Resolved by the Senate (the House of Representatives concurring),* That in the enrollment of the bill S. 1605, the Secretary of the Senate shall make the following corrections:
(1)In the table in section 2301(a), in the item relating to Eielson Air Force Base, strike “$44,850,00” in the amount column and insert “$44,850,000”.
(2)In section 4601, in the table relating to Military Construction, Navy, in the item relating to AEGIS Ashore Barracks Planning and Design in Redzikowo, Poland, insert “0” in the Conference Authorized column. Agreed to December 20, 2021. P R O C L A M A T I O N S 10132 January 10, 2021Honoring United States Capitol Police Officers GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10132 of January 10, 2021** Honoring United States Capitol Police Officers By the President of the United States of America A Proclamation As a sign of respect for the service and sacrifice of United States Capitol Police Officers Brian D. Sicknick and Howard Liebengood, and all Capitol Police Officers and law enforcement across this great Nation, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, January 13, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10133 January 14, 2021To Continue Facilitating Positive Adjustment to Competition From Imports of Large Residential Washers GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10133 of January 14, 2021** To Continue Facilitating Positive Adjustment to Competition From Imports of Large Residential Washers By the President of the United States of America A Proclamation 1. On January 23, 2018, pursuant to section 203 of the Trade Act of 1974, as amended (the “Trade Act”) (19 U.S.C. 2253), I issued Proclamation 9694, which imposed a safeguard measure for a period of 3 years plus 1 day comprising both a tariff-rate quota
(TRQ)on imports of large residential washers (washers) provided for in subheadings 8450.11.00 and 8450.20.00 of the Harmonized Tariff Schedule of the United States
(HTS)and a TRQ on covered washer parts provided for in subheadings 8450.90.20 and 8450.90.60 of the HTS. I exempted covered imports from Canada and certain designated beneficiary countries under the Generalized System of Preferences
(GSP)from the application of the measure. 2. On May 16, 2019, I issued Proclamation 9887, which removed Turkey from the list of GSP beneficiary countries, and modified the safeguard measure so that imports from Turkey were no longer excluded. On May 31, 2019, I issued Proclamation 9902, which removed India 135 STAT. 2532 from the list of GSP beneficiary countries, and modified the safeguard measure so that imports from India were no longer excluded. 3. On August 7, 2019, the United States International Trade Commission
(ITC)issued its report pursuant to section 204(a)(2) of the Trade Act (19 U.S.C. 2254(a)(2)), on the results of its monitoring of developments with respect to the domestic washers industry (ITC, Large Residential Washers: Monitoring Developments in the Domestic Industry, No. TA–204–013). After taking into account the information provided in the ITC’s report and receiving a petition from the representative of the majority of the domestic industry, I determined that the domestic industry had begun to make positive adjustment to import competition but that, despite that adjustment, increased imports of washers at peak times of the year impaired the effectiveness of the action I proclaimed in Proclamation 9694. On January 23, 2020, pursuant to sections 204(b)(1)(B) and 204(b)(2) of the Trade Act (19 U.S.C. 2254(b)(1)(B) and (b)(2)), I issued Proclamation 9979 to modify the action I took in Proclamation 9694 by allocating on a quarterly basis, within-quota quantities of 1.2 million units during the third year of the action, beginning February 7, 2020. 4. On December 8, 2020, in response to a petition by the representatives of the domestic industry, the ITC issued its determination and report pursuant to section 204(c) of the Trade Act (19 U.S.C. 2254(c)), finding that the safeguard measure I imposed continues to be necessary to prevent or remedy the serious injury to the domestic industry, and that there is evidence that the domestic industry is making a positive adjustment to import competition (ITC, Large Residential Washers: Extension of Action, No. TA–201–076 (Extension)). 5. Section 203(e)(1)(B) of the Trade Act (19 U.S.C. 2253(e)(1)(B)) authorizes the President, after receiving an affirmative determination from the ITC pursuant to section 204(c) of the Trade Act (19 U.S.C. 2254(c)), to extend the effective period of any action taken under section 203 of the Trade Act if the President determines that the action continues to be necessary to prevent or remedy the serious injury and there is evidence that the domestic industry is making a positive adjustment to import competition. 6. Pursuant to section 203(e)(1)(B) of the Trade Act (19 U.S.C. 2253(e)(1)(B)), I have determined that the action continues to be necessary to prevent or remedy the serious injury to the domestic washers industry and there is evidence that the domestic washers industry is making a positive adjustment to import competition, and I have further determined to extend the safeguard measure proclaimed in Proclamation 9694, as modified, as follows:
(a)continuation of the tariff-rate quota on imports of washers described in paragraph 1 of this proclamation for an additional period of 2 years, with unchanging within-quota quantities, annual reductions in the rates of duties entered within those quantities in the fourth and fifth years, and annual reductions in the rates of duty applicable to goods entered in excess of those quantities in the fourth and fifth years; and
(b)continuation of the tariff-rate quota on imports of covered washer parts described in paragraph 1 of this proclamation for an additional period of 2 years, with increasing within-quota quantities and annual 135 STAT. 2533 reductions in the rates of duty applicable to goods entered in excess of those quantities in the fourth and fifth years. 7. As provided in Proclamation 9694, as modified by Proclamations 9887 and 9902, this safeguard measure shall apply to imports from all countries, except for products of Canada and except as provided in paragraph 8 of this proclamation. 8. As I further provided in Proclamation 9694, as modified by Proclamations 9887 and 9902, this safeguard measure shall not apply to imports of any product described in paragraph 1 of this proclamation of a developing country that is a Member of the World Trade Organization (WTO), as listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation, as long as such country’s share of total imports of the product, based on imports during a recent representative period, does not exceed 3 percent, provided that imports that are the product of all such countries with less than 3 percent import share collectively account for not more than 9 percent of total imports of the product. If I determine that a surge in imports of a product described in paragraph 1 of this proclamation of a developing country that is a WTO Member results in imports of that product from that developing country exceeding either of the thresholds described in this paragraph, the safeguard measure shall be modified to apply to such product from such country. In addition, if I determine within 60 days of the date of this proclamation, as a result of consultations between the United States and other WTO Members pursuant to Article 12.3 of the WTO Agreement on Safeguards, that it is necessary to modify the terms of extension of the safeguard measure, or to terminate the safeguard measure, I shall proclaim the corresponding modification or termination within 40 days of the date of my determination. 9. As I further provided in Proclamation 9694, the in-quota quantity in each year under the tariff-rate quota described in subparagraph
(a)of paragraph 6 of this proclamation shall be allocated on a quarterly basis as provided for in Proclamation 9979. 10. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to sections 203, 204, and 604 of the Trade Act, do proclaim that:
(1)In order to extend the measure applicable to imports of washers and covered parts described in paragraph 1 of this proclamation, subchapter III of chapter 99 of the HTS is modified as set forth in the Annex to this proclamation. Any merchandise subject to the safeguard measure that is admitted into United States foreign trade zones on or after 12:01 a.m., eastern standard time, on February 8, 2021, must be admitted as “privileged foreign status” as defined in 19 CFR 146.41, and will be subject upon entry for consumption to any tariffs or quantitative restrictions related to the classification under the applicable HTS subheading.
(2)Imports of washers and covered washer parts that are the product of Canada shall continue to be excluded from the safeguard measure 135 STAT. 2534 extended by this proclamation, and such imports shall not be counted toward the tariff-rate quota limits that trigger the over-quota rates of duty.
(3)Except as provided in clause
(4)below, imports of washers and covered washer parts that are the product of WTO Member developing countries, as listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation, shall continue to be excluded from the safeguard measure extended by this proclamation, and such imports shall not be counted toward the tariff-rate quota limits that trigger the over-quota rates of duties.
(4)If, after the extension proclaimed herein is in effect, the United States Trade Representative
(USTR)determines that:
(a)the share of total imports of the product of a country listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation exceeds 3 percent;
(b)imports of the product from all listed countries with less than 3 percent import share collectively account for more than 9 percent of total imports of the product; or
(c)a country listed in subdivision (b)(2) of Note 17 in the Annex to this proclamation is no longer a developing country for purposes of this proclamation; the USTR is authorized, upon publication of a notice in the *Federal Register,* to revise subdivision (b)(2) of Note 17 in the Annex to this proclamation to remove the relevant country from the list or suspend operation of that subdivision, as appropriate.
(5)If, after the extension proclaimed herein is in effect, the USTR determines that the out-of-quota quantity in units of covered washer parts entered under the tariff lines in chapter 99 enumerated in the Annex to this proclamation has increased by an unjustifiable amount and undermines the effectiveness of the safeguard measure, the USTR is authorized, upon publication of a notice in the *Federal Register* of such determination, to modify the HTS provisions created by the Annex to this proclamation so as to modify the tariff-rate quota on covered washer parts with a quantitative restriction on covered washer parts at a level that the USTR considers appropriate.
(6)In order to continue allocating, on a quarterly basis, the within-quota quantities of the TRQ limits applicable to imports of washers under HTS subheadings 8450.11.00 and 8450.20.00, subchapter III of chapter 99 of the HTS is modified as set forth in the Annex to this proclamation. These allocations shall continue in effect as provided in the Annex to this proclamation, unless such actions are earlier expressly reduced, modified, or terminated.
(7)One year from the termination of the safeguard measure established in this proclamation, the U.S. note and tariff provisions established in the Annex to this proclamation shall be deleted from the HTS.
(8)Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of January, in the year of our Lord two thousand twenty-one, and 135 STAT. 2535 of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10134 January 15, 2021Religious Freedom Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10134 of January 15, 2021** Religious Freedom Day, 2021 By the President of the United States of America A Proclamation Faith inspires hope. Deeply embedded in the heart and soul of our Nation, this transcendent truth has compelled men and women of uncompromising conscience to give glory to God by worshiping both openly and privately, lifting up themselves and others in prayer. On Religious Freedom Day, we pledge to always protect and cherish this fundamental human right. When the Pilgrims first crossed the Atlantic Ocean more than 400 years ago in pursuit of religious freedom, their dedication to this first freedom shaped the character and purpose of our Nation. Later, with the signing of the Declaration of Independence, the Constitution, and the Bill of Rights, their deep desire to practice their religion unfettered 135 STAT. 2537 from government intrusion was realized. Since then, the United States has set an example for the world in permitting believers to live out their faith in freedom. Over the past 4 years, my Administration has worked tirelessly to honor the vision of our Founders and defend our proud history of religious liberty. From day one, we have taken action to restore the foundational link between faith and freedom and promote a culture of religious liberty. My Administration has protected the rights of individual religious believers, communities of faith, and faith-based organizations. We have defended religious liberty domestically and around the world. For example, I signed an Executive Order Promoting Free Speech and Religious Liberty to ensure that faith-based organizations would not be forced to compromise their religious beliefs as they serve their communities. This includes defending the rights of religious orders to care for the infirm and elderly without being fined out of existence for refusing to facilitate access to services that violate their faith. We have also protected healthcare providers’ rights not to be forced to perform procedures that violate their most deeply-held convictions. Additionally, we have ended the misguided policies of denying access to educational funding to historically black colleges and universities because of their religious character and of denying loan forgiveness to those who perform public services at religious organizations. Throughout this difficult year, we have continued these efforts, cutting red tape to ensure houses of worship and other faith-based organizations could receive Paycheck Protection Program loans on the same grounds and with the same parameters as any other entity. We have also aggressively defended faith communities against overreach by State and local governments that have tried to shut down communal worship. Together, we have honored the sanctity of every life, protected the rights of Americans to follow their conscience, and preserved the historical tradition of religious freedom in our country. While Americans enjoy the blessings of religious liberty, we must never forget others around the world who are denied this unalienable right. Sadly, millions of people across the globe are persecuted and discriminated against for their faith. My Administration has held foreign governments accountable for trampling—in many cases, egregiously so—on religious liberty. In 2019, to shed light on this important issue, I welcomed survivors of religious persecution from 16 countries in the Oval Office, including Christians, Jews, and Muslims, and made history by standing before the United Nations General Assembly and calling on all nations of the world to stop persecuting people of faith. The United States will never waver in these efforts to expand religious liberty around the world and calls on all nations to respect the rights of its citizens to live according to their beliefs and conscience. On Religious Freedom Day, we honor the vision of our Founding Fathers for a Nation made strong and righteous by a people free to exercise their faith and follow their conscience. As Americans united in unparalleled freedom, we recommit to safeguarding and preserving religious freedom across our land and around the world. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 16, 2021, as Religious Freedom Day. I call on all Americans to com135 STAT. 2538 memorate this day with events and activities that remind us of our shared heritage of religious liberty and that teach us how to secure this blessing both at home and around the world. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10135 January 15, 2021Martin Luther King, Jr., Federal Holiday, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10135 of January 15, 2021** Martin Luther King, Jr., Federal Holiday, 2021 By the President of the United States of America A Proclamation On August 28, 1963, just a century after the Emancipation Proclamation, the Reverend Dr. Martin Luther King, Jr. led more than 200,000 Americans in a March on Washington in pursuit of jobs and freedom for all people. Standing on the steps of the Lincoln Memorial, he called on Americans “to sit down together at the table of brotherhood” and meet our promise of life, liberty, and the pursuit of happiness for all. On that historic day, and throughout his life, Dr. King exemplified the quintessential American belief that we will leave a brighter, more prosperous future for our children. Today, we honor and celebrate Dr. King, a giant of the civil rights movement whose nonviolent resistance to the injustices of his era—racial segregation, employment discrimination, and the denial of the right to vote—enlightened our Nation and the world. In the face of tumult and upheaval, Dr. King reminded us to always meet anger with compassion in order to truly “heal the hurts, right the wrongs and change society.” It is with this same spirit of forgiveness that we come together to bind the wounds of past injustice by lifting up one another regardless of race, gender, creed, or religion, and rising to the first principles enshrined in our founding documents. Indeed, Dr. King described our Constitution and Declaration of Independence as promissory notes left by our Founding Fathers for “every American to fall heir.” His dream, rooted in the American Dream, was that our children might be “judged not by the color of their skin, but by the content of their character.” This dream, he hoped, would finally let freedom ring for all people. As Dr. King stated in 1961, at the heart of his dream is “equality of opportunity.” For Dr. King, the march toward civil rights is intertwined with economic empowerment. My Administration has fully embraced this spirit, taking historic action to create jobs and uplift every community across our country and reaching the lowest unemployment rate for Black Americans ever recorded. Through the Tax Cuts and Jobs Act of 2017, we created nearly 9,000 Opportunity Zones that have produced more than $75 billion in new investment in distressed neighborhoods. My Administration has supported our Nation’s incredible Historically Black Colleges and Universities (HBCUs) in several ways, including by establishing the President’s Board of Advisors on HBCUs, 135 STAT. 2539 reauthorizing more than $85 million in funding for them through the FUTURE Act, and allocating $930 million in higher education emergency relief through the CARES Act. As President, I have fully committed to the educational and economic empowerment of minority communities and young people across our Nation—and the progress we have made must continue into the future. It is clear now more than ever before that we can no longer allow the American Dream to be deferred for Black Americans. However, in this march toward equality, we cannot permit any “creative protest to degenerate into physical violence.” As a student of nonviolence, Dr. King called on us not to “satisfy the thirst for freedom by drinking from the cup of bitterness and hatred.” In the national effort to achieve freedom and equality, and in this shared love of country, we must endeavor with all our might to meet the promissory notes endowed to us by our Founding Fathers, as Dr. King fervently wished. With the same dream, faith, and hope championed by the Reverend Dr. Martin Luther King, Jr., we recommit to upholding his legacy and meeting our sacred obligation to protect the unalienable rights of all Americans. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 18, 2021, as the Martin Luther King, Jr., Federal Holiday. On this day, I encourage all Americans to recommit themselves to Dr. King’s dream by engaging in acts of service to others, to their community, and to our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10136 January 17, 2021National Sanctity of Human Life Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10136 of January 17, 2021** National Sanctity of Human Life Day, 2021 By the President of the United States of America A Proclamation Every human life is a gift to the world. Whether born or unborn, young or old, healthy or sick, every person is made in the holy image of God. The Almighty Creator gives unique talents, beautiful dreams, and a great purpose to every person. On National Sanctity of Human Life Day, we celebrate the wonder of human existence and renew our resolve to build a culture of life where every person of every age is protected, valued, and cherished. This month, we mark nearly 50 years since the United States Supreme Court’s *Roe* v. *Wade* decision. This constitutionally flawed ruling overturned State laws that banned abortion, and has resulted in the loss of more than 50 million innocent lives. But strong mothers, courageous students, and incredible community members and people of faith are 135 STAT. 2540 leading a powerful movement to awaken America’s conscience and restore the belief that every life is worthy of respect, protection, and care. Because of the devotion of countless pro-life pioneers, the call for every person to recognize the sanctity of life is resounding more loudly in America than ever before. Over the last decade, the rate of abortions has steadily decreased, and today, more than three out of every four Americans support restrictions on abortion. Since my first day in office, I have taken historic action to protect innocent lives at home and abroad. I reinstituted and strengthened President Ronald Reagan’s Mexico City Policy, issued a landmark pro-life rule to govern the use of Title Ten taxpayer funding, and took action to protect the conscience rights of doctors, nurses, and organizations like the Little Sisters of the Poor. My Administration has protected the vital role of faith-based adoption. At the United Nations, I made clear that global bureaucrats have no business attacking the sovereignty of nations that protect innocent life. Just a few months ago, our Nation also joined 32 other countries in signing the Geneva Consensus Declaration, which bolsters global efforts to provide better healthcare to women, protect all human life, and strengthen families. As a Nation, restoring a culture of respect for the sacredness of life is fundamental to solving our country’s most pressing problems. When each person is treated as a beloved child of God, individuals can reach their full potential, communities will flourish, and America will be a place of even greater hope and freedom. That is why it was my profound privilege to be the first President in history to attend the March for Life, and it is what motives my actions to improve our Nation’s adoption and foster care system, secure more funding for Down syndrome research, and expand health services for single mothers. Over the past 4 years, I have appointed more than 200 Federal judges who apply the Constitution as written, including three Supreme Court Justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. I also increased the child tax credit, so that mothers are financially supported as they take on the noble task of raising strong and healthy children. And, recently, I signed an Executive Order on Protecting Vulnerable Newborn and Infant Children, which defends the truth that every newborn baby has the same rights as all other individuals to receive life-saving care. The United States is a shining example of human rights for the world. However, some in Washington are fighting to keep the United States among a small handful of nations—including North Korea and China—that allow elective abortions after 20 weeks. I join with countless others who believe this is morally and fundamentally wrong, and today, I renew my call on the Congress to pass legislation prohibiting late-term abortion. Since the beginning, my Administration has been dedicated to lifting up every American, and that starts with protecting the rights of the most vulnerable in our society—the unborn. On National Sanctity of Human Life Day, we promise to continue speaking out for those who have no voice. We vow to celebrate and support every heroic mother who chooses life. And we resolve to defend the lives of every innocent and unborn child, each of whom can bring unbelievable love, joy, beauty, and grace into our Nation and the entire world.135 STAT. 2541 NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 22, 2021, as National Sanctity of Human Life Day. Today, I call on the Congress to join me in protecting and defending the dignity of every human life, including those not yet born. I call on the American people to continue to care for women in unexpected pregnancies and to support adoption and foster care in a more meaningful way, so every child can have a loving home. And finally, I ask every citizen of this great Nation to listen to the sound of silence caused by a generation lost to us, and then to raise their voices for all affected by abortion, both seen and unseen. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10137 January 17, 2021National School Choice Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10137 of January 17, 2021** National School Choice Week, 2021 By the President of the United States of America A Proclamation As we mark National School Choice Week, my Administration reaffirms its commitment to solving the civil rights issue of our time: educational inequity. We have made substantial progress on this front, but we must continue our efforts to ensure that each and every family in America has the freedom to choose an education that best meets their needs and values. Our Nation currently spends more money per pupil than almost every other industrialized country in the world, yet nearly two-thirds of our youth are not proficient readers, and students across all age groups continue to struggle in math. These failures are largely the result of a one-size-fits-all, industrial-style approach to education. Currently, students are assigned to schools based on where they live, so only those whose families can afford to move to a better-performing school district or can afford private school tuition have a choice in the learning environment that best fits their child’s needs. That is fundamentally unfair and unjust. All Americans, no matter their family income, deserve the opportunity to choose the best educational option for them. What is often forgotten is that the failures of this rigid arrangement disproportionately affect racial minorities and distressed communities, perpetuating a cycle of poverty. We can no longer allow America’s classrooms to be an exception to our Nation’s promise of equal opportunity for all. Instead, we must provide equal access to a quality education for every American student, no matter where they reside. In the land of the free, a child’s zip code should never determine their future. That is why, I recently issued an Executive Order on Expanding Educational Opportunity through School Choice that provides in-person options for low-income parents forced to send their children to virtual 135 STAT. 2542 school during the pandemic. But we must continue this progress. Therefore, I renew my call to the Congress to pass the Education Freedom Scholarships and Opportunity Act, so we can finally take a giant step towards true liberty for students. This landmark legislation would give more than 1 million children the freedom to attend the school that best fits their needs, and would create more than $5 billion in annual tax credits for those who donate to local scholarship funds, empowering more families to choose the best educational setting for their children. I also call on the Congress to pass the School Choice Now Act, which will ensure every State can fund elementary and high school scholarship programs, so that students do not lose access to their school of choice because of economic disruptions. As too many school districts across the country refuse to open, these scholarships are needed now more than ever so that families unable to afford private tutors or who work during the day can still provide an education for their children. Education will always be one of the most important factors in a child’s future success. That is why I am fighting to empower all families—of all races, backgrounds, and incomes—with the freedom and the resources they need to make the best decisions for their children. In America, more freedom leads to more opportunity—especially in the classroom. By embracing my Administration’s school choice policy, we will make sure that every American student is able to fulfill their God-given potential. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 24 to January 30, 2021, as National School Choice Week. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10138 January 18, 2021Terminating Suspensions of Entry Into the United States of Aliens Who Have Been Physically Present in the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10138 of January 18, 2021** Terminating Suspensions of Entry Into the United States of Aliens Who Have Been Physically Present in the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil By the President of the United States of America A Proclamation In the wake of the unprecedented outbreak of COVID–19 in the United States, I took action to suspend and limit the entry of aliens recently present in certain foreign jurisdictions where significant COVID–19 outbreaks had occurred. These jurisdictions included the People’s Republic of China (excluding the Special Administrative Regions of Hong Kong and Macau), the Islamic Republic of Iran, the Schengen Area, the 135 STAT. 2543 United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil. Understanding that the nature of the threat posed by COVID–19 would evolve over time, I directed the Secretary of Health and Human Services to make recommendations to me regarding whether to continue, modify, or terminate the restrictions that I had previously imposed. On January 12, 2021, the Centers for Disease Control and Prevention
(CDC)issued an order, effective January 26, 2021, requiring proof of a negative COVID–19 test or documentation of having recovered from COVID–19 for all air passengers arriving from a foreign country to the United States. The Secretary has explained that this action will help to prevent air passengers from the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil from spreading the virus that causes COVID–19 into the United States, as it is the Secretary’s understanding that the vast majority of persons entering the United States from these jurisdictions do so by air. Moreover, the Secretary expects cooperation from those jurisdictions in implementing the testing order. Public health officials in the jurisdictions have a proven record of working with the United States to share accurate and timely COVID–19 testing and trend data, and the United States has active collaborations with the jurisdictions regarding how to make travel safe between our respective countries. As a result of that record, the Secretary reports high confidence that these jurisdictions will cooperate with the United States in the implementation of CDC’s January 12, 2021, order and that tests administered there will yield accurate results. This cooperation stands in stark contrast to the behavior of the governments and state-owned enterprises of the People’s Republic of China and the Islamic Republic of Iran, which repeatedly have failed to cooperate with the United States public health authorities and to share timely, accurate information about the spread of the virus. Those jurisdictions’ responses to the pandemic, their lack of transparency, and their lack of cooperation with the United States thus far in combatting the pandemic, cast doubt on their cooperation in implementing CDC’s January 12, 2021, order. Accordingly, the Secretary has advised me to remove the restrictions applicable to the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil, while leaving in place the restrictions applicable to the People’s Republic of China and the Islamic Republic of Iran. I agree with the Secretary that this action is the best way to continue protecting Americans from COVID–19 while enabling travel to resume safely. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of persons who have been physically present in the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil is no longer detrimental to the interests of the United States and find that it is in the interest of the United States to terminate the suspension of entry 135 STAT. 2544 into the United States of persons who have been physically present in those jurisdictions. Accordingly, I hereby proclaim: **Section 1**. *Terminations.* Proclamation 9993 of March 11, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), Proclamation 9996 of March 14, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), and Proclamation 10041 of May 24, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), are hereby terminated effective at 12:01 a.m. eastern standard time on January 26, 2021. **Sec. 2**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10139 January 19, 2021Adjusting Imports of Aluminum Into the United States GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10139 of January 19, 2021** Adjusting Imports of Aluminum Into the United States By the President of the United States of America A Proclamation 1. On January 19, 2018, the Secretary of Commerce (Secretary) transmitted to me a report on his investigation into the effect of imports of aluminum articles on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). The Secretary found and advised me of his opinion that aluminum articles were being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. 2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States), I concurred in the Secretary’s finding that aluminum articles were being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the 135 STAT. 2545 imports of aluminum articles, as defined in clause 1 of Proclamation 9704, by imposing a 10 percent ad valorem tariff on such articles imported from most countries. I further stated that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country. I also noted that, should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that I determine that imports from that country no longer threaten to impair the national security, I may remove or modify the restriction on aluminum article imports from that country and, if necessary, make corresponding adjustments to the tariff as it applies to other countries as the national security interests of the United States require. 3. The United States has an important security relationship with the United Arab Emirates, including our shared commitment to supporting each other in addressing national security concerns in the Middle East, particularly in countering Iran’s malign influence there; combatting violent extremism around the world; and maintaining the strong economic ties between our countries. 4. In light of the foregoing, the United States has engaged in discussions with the United Arab Emirates on alternative means to address the threatened impairment to our national security posed by aluminum article imports from the United Arab Emirates. On the basis of these discussions, the United States and the United Arab Emirates have now agreed on satisfactory alternative means to address this threat. 5. The United States has successfully concluded discussions with the United Arab Emirates on satisfactory alternative means to address the threatened impairment of the national security posed by aluminum imports from the United Arab Emirates, specifically a quota restricting the quantity of aluminum articles imported into the United States from the United Arab Emirates. This measure is expected to allow imports of aluminum from the United Arab Emirates to remain close to historical levels without meaningful increases, thus making it more likely that domestic capacity utilization will be reasonably commensurate with the target level recommended in the Secretary’s report. In my judgment, this measure will provide effective, long-term alternative means to address the contribution of the United Arab Emirates to the threatened impairment to our national security by restraining aluminum article exports from the United Arab Emirates to the United States, limiting export surges by the United Arab Emirates, and discouraging excess aluminum capacity and excess aluminum production. In light of this agreement, I have determined that aluminum article imports from the United Arab Emirates will no longer threaten to impair the national security and have decided to exclude the United Arab Emirates from the tariff proclaimed in Proclamation 9704. The United States will monitor the implementation and effectiveness of the measure agreed with the United Arab Emirates in addressing our national security needs, and this determination may be revisited, as appropriate. 6. In light of my determination to exclude the United Arab Emirates from the tariff proclaimed in Proclamation 9704, as amended, I have considered whether it is necessary and appropriate in light of our national security interests to make any corresponding adjustments to such tariff as it applies to other countries. I have determined that, in light of the agreed-upon measure with the United Arab Emirates, it is 135 STAT. 2546 necessary and appropriate, at this time, to maintain the current tariff level as it applies to other countries. 7. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 8. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim as follows:
(1)Clause 2 of Proclamation 9704, as amended, is further amended in the second sentence by deleting “and” before “(g)” and inserting before the period at the end: “, and
(h)on or after 12:01 a.m. eastern standard time on February 3, 2021, from all countries except Argentina, Australia, Canada, Mexico, and the United Arab Emirates.”.
(2)Clauses 1 and 4 of Proclamation 9776 of August 29, 2018 (Adjusting Imports of Aluminum Into the United States) are amended by replacing, in each instance, “subheadings 9903.85.05 and 9903.85.06” with “subheadings 9903.85.05 through 9903.85.08”.
(3)The “Article Description” for subheading 9903.85.01 of the HTSUS is amended by replacing “of Argentina, of Australia, of Canada, of Mexico” with “of Argentina, of Australia, of Canada, of Mexico, of the United Arab Emirates”.
(4)The superior text to subheading 9903.85.11 of the HTSUS is amended by replacing “of Argentina” with “of Argentina and of the United Arab Emirates”, and the “Article Description” for subheading 9903.85.11 of the HTSUS is amended by replacing “9903.85.05 and 9903.85.06” with “9903.85.05 through 9903.85.08”.
(5)In order to implement quantitative limitations on aluminum article imports from the United Arab Emirates, subchapter III of chapter 99 of the HTSUS is amended as provided for in Part A of the Annex to this proclamation. For purposes of administering these quantitative limitations, the annual aggregate limits set out in Part B of the Annex to this proclamation shall apply for the period starting with calendar year 2021 and for subsequent years, unless modified or terminated. The quantitative limitations for the United Arab Emirates, which for calendar year 2021 shall take into account all aluminum article imports since January 1, 2021, shall be effective for aluminum articles entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 3, 2021, and shall be implemented by U.S. Customs and Border Protection
(CBP)of the Department of Homeland Security as soon as practicable. The Secretary shall monitor the implementation of these quantitative limitations and 135 STAT. 2547 shall, in consultation with the United States Trade Representative, inform the President of any circumstance that in the Secretary’s opinion might indicate that an adjustment of the quantitative limitations is necessary.
(6)The modifications made by clauses 1 through 5 of this proclamation and the Annex to this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on February 3, 2021, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.
(7)Any imports of aluminum articles from the United Arab Emirates that were admitted into a U.S. foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern standard time on February 3, 2021, shall not be subject, upon entry for consumption made on or after that date and time, to the additional 10 percent ad valorem rate of duty imposed by Proclamation 9704, as amended, and shall be subject to the quantitative limitations established in this proclamation.
(8)Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of January, in the year of our Lord two thousand and twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. DONALD J. TRUMP 10140 January 20, 2021A National Day of Unity GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10140 of January 20, 2021** A National Day of Unity By the President of the United States of America A Proclamation I am humbled before God and my fellow Americans to take the sacred oath of President of our beloved country. Today, we celebrate the triumph of democracy after an election that saw more Americans voting than ever before in our Nation’s history, and where the will of the people has been heard and heeded. We do so at a moment of great peril and promise for our Nation. A once-in-a-century deadly pandemic. A historic and deepening economic crisis. Calls for racial justice some 400 years in the making. A climate crisis with force and fury. We also feel the rise in political extremism and domestic terrorism—unleashed just days ago on our Capitol, the citadel of freedom, but brewing long before—that we must confront and defeat. Yet in this dire moment, democracy prevailed. On this day, we set our sights on the Nation we know we can and must be. I am honored to do so alongside Vice President Kamala Harris, the first woman who has taken the oath to serve in elected national office, and who will not be the last. Together, we know that to overcome the challenges before all of us, to restore the soul of America, requires the beating heart of a democracy: Unity. With unity, we can save lives and beat this pandemic. We can build our economy back better and include everyone. We can right wrongs and root out systemic racism in our country. We can confront the climate crisis with American jobs and ingenuity. We can protect our democracy by seeing each other not as adversaries but as fellow Americans. For the world to see, with unity we can lead not just by the example of our power, but by the power of our example. As we start the hard work to be done, I pray this moment gives us the strength to rebuild this house of ours upon a rock that can never be washed away. And, as in the Prayer of St. Francis, for where there is discord, union; where there is doubt, faith, where there is darkness, light. On this Inauguration Day I swear an oath to be a President for all Americans and ask every American to join me in this cause of democracy. May this be the story that unites us as fellow Americans and as the United States of America. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 20, 2021, a National Day of Unity and call upon the people of our Nation to join together and write the next story of our democracy—an American story of decency and dignity, of love and of healing, and of greatness and of goodness. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10141 January 20, 2021Ending Discriminatory Bans on Entry to the United States GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10141 of January 20, 2021** Ending Discriminatory Bans on Entry to the United States By the President of the United States of America A Proclamation The United States was built on a foundation of religious freedom and tolerance, a principle enshrined in the United States Constitution. Nevertheless, the previous administration enacted a number of Executive Orders and Presidential Proclamations that prevented certain individuals from entering the United States—first from primarily Muslim countries, and later, from largely African countries. Those actions are a stain on our national conscience and are inconsistent with our long history of welcoming people of all faiths and no faith at all. Beyond contravening our values, these Executive Orders and Proclamations have undermined our national security. They have jeopardized our global network of alliances and partnerships and are a moral blight that has dulled the power of our example the world over. And they have separated loved ones, inflicting pain that will ripple for years to come. They are just plain wrong. Make no mistake, where there are threats to our Nation, we will address them. Where there are opportunities to strengthen information-sharing with partners, we will pursue them. And when visa applicants request entry to the United States, we will apply a rigorous, individualized vetting system. But we will not turn our backs on our values with discriminatory bans on entry into the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that it is in the interests of the United States to revoke Executive Order 13780 of March 6, 2017 (Protecting the Nation From Foreign Terrorist Entry Into the United States), Proclamation 9645 of September 24, 2017 (Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), Proclamation 9723 of April 10, 2018 (Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), and Proclamation 9983 of January 31, 2020 (Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats). Our national security will be enhanced by revoking the Executive Order and Proclamations. Accordingly, I hereby proclaim: **Section 1**. *Revocations.* Executive Order 13780, and Proclamations 9645, 9723, and 9983 are hereby revoked. **Sec. 2**. *Resumption of Visa Processing and Clearing the Backlog of Cases in Waiver Processing.*
(a)The Secretary of State shall direct all Embassies and Consulates, consistent with applicable law and visa processing procedures, including any related to coronavirus disease 2019 (COVID–19), to resume visa processing in a manner consistent 135 STAT. 2554 with the revocation of the Executive Order and Proclamations specified in section 1 of this proclamation.
(b)Within 45 days of the date of this proclamation, the Secretary of State shall provide to the President a report that includes the following elements:
(i)The number of visa applicants who were being considered for a waiver of restrictions under Proclamation 9645 or 9983 on the date of this proclamation and a plan for expeditiously adjudicating their pending visa applications.
(ii)A proposal to ensure that individuals whose immigrant visa applications were denied on the basis of the suspension and restriction on entry imposed by Proclamation 9645 or 9983 may have their applications reconsidered. This proposal shall consider whether to reopen immigrant visa applications that were denied due to the suspension and restriction on entry imposed by Proclamation 9645 or 9983, whether it is necessary to charge an additional fee to process those visa applications, and development of a plan for the Department of State to expedite consideration of those visa applications.
(iii)A plan to ensure that visa applicants are not prejudiced as a result of a previous visa denial due to the suspension and restriction on entry imposed by Proclamation 9645 or 9983 if they choose to re-apply for a visa. **Sec. 3**. *Review of Information-Sharing Relationships and a Plan to Strengthen Partnerships.* Within 120 days of the date of this proclamation, the Secretary of State and the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall provide to the President a report consisting of the following elements:
(a)A description of the current screening and vetting procedures for those seeking immigrant and nonimmigrant entry to the United States. This should include information about any procedures put in place as a result of any of the Executive Order and Proclamations revoked in section 1 of this proclamation and should also include an evaluation of the usefulness of form DS–5535.
(b)A review of foreign government information-sharing practices vis-à-vis the United States in order to evaluate the efficacy of those practices, their contribution to processes for screening and vetting those individuals seeking entry to the United States as immigrants and nonimmigrants, and how the United States ensures the accuracy and reliability of the information provided by foreign governments.
(c)Recommendations to improve screening and vetting activities, including diplomatic efforts to improve international information-sharing, use of foreign assistance funds, where appropriate, to support capacity building for information-sharing and identity-management practices, and ways to further integrate relevant executive department and agency data into the vetting system.
(d)A review of the current use of social media identifiers in the screening and vetting process, including an assessment of whether this use has meaningfully improved screening and vetting, and recommendations in light of this assessment. **Sec. 4**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:135 STAT. 2555
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10142 January 20, 2021Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10142 of January 20, 2021** Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction By the President of the United States of America A Proclamation Like every nation, the United States has a right and a duty to secure its borders and protect its people against threats. But building a massive wall that spans the entire southern border is not a serious policy solution. It is a waste of money that diverts attention from genuine threats to our homeland security. My Administration is committed to ensuring that the United States has a comprehensive and humane immigration system that operates consistently with our Nation’s values. In furtherance of that commitment, I have determined that the declaration of a national emergency at our southern border in Proclamation 9844 of February 15, 2019 (Declaring a National Emergency Concerning the Southern Border of the United States), was unwarranted. It shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall. I am also directing a careful review of all resources appropriated or redirected to construct a southern border wall. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 202 of the National Emergencies Act (50 U.S.C. 1601 *et seq*.), hereby declare that the national emergency declared by Proclamation 9844, and continued on February 13, 2020 (85 *Fed. Reg*. 8715), and January 15, 2021, is terminated and that the authorites invoked in that proclamation will no longer be used to construct a wall at southen border. I hereby futher direct as follows:135 STAT. 2556 **Section 1**. *Pause in Construction and Obligation of Funds.*
(a)The Secretary of Defense and the Secretary of Homeland Security, in consultation with the Director of the Office of Management and Budget, shall direct the appropriate officials within their respective departments to:
(i)pause work on each construction project on the southern border wall, to the extent permitted by law, as soon as possible but in no case later than seven days from the date of this proclamation, to permit: **(A) assessment of the legality of the funding and contracting methods used to construct the wall;** **(B) assessment of the administrative and contractual consequences of ceasing each wall construction project; and** **(C) completion and implementation of the plan developed in accordance with section 2 of this proclamation;**
(ii)pause immediately the obligation of funds related to construction of the southern border wall, to the extent permitted by law; and
(iii)compile detailed information on all southern border wall construction contracts, the completion status of each wall construction project, and the funds used for wall construction since February 15, 2019, including directly appropriated funds and funds drawn from the Treasury Forfeiture Fund (31 U.S.C. 9705(g)(4)(B)), the Department of Defense Drug Interdiction and Counter-Drug Activities account (10 U.S.C. 284), and the Department of Defense Military Construction account (pursuant to the emergency authorities in 10 U.S.C. 2808(a) and 33 U.S.C. 2293(a)).
(b)The pause directed in subsection (a)(i) of this section shall apply to wall projects funded by redirected funds as well as wall projects funded by direct appropriations. The Secretary of Defense and the Secretary of Homeland Security may make an exception to the pause, however, for urgent measures needed to avert immediate physical dangers or where an exception is required to ensure that funds appropriated by the Congress fulfill their intended purpose. **Sec. 2**. *Plan for Redirecting Funding and Repurposing Contracts.* The Secretary of Defense and the Secretary of Homeland Security, in coordination with the Secretary of the Treasury, the Attorney General, the Director of the Office of Management and Budget, and the heads of any other appropriate executive departments and agencies, and in consultation with the Assistant to the President for National Security Affairs, shall develop a plan for the redirection of funds concerning the southern border wall, as appropriate and consistent with applicable law. The process of developing the plan shall include consideration of terminating or repurposing contracts with private contractors engaged in wall construction, while providing for the expenditure of any funds that the Congress expressly appropriated for wall construction, consistent with their appropriated purpose. The plan shall be developed within 60 days from the date of this proclamation. After the plan is developed, the Secretary of Defense and the Secretary of Homeland Security shall take all appropriate steps to resume, modify, or terminate projects and to otherwise implement the plan. **Sec. 3**. *Definition.* Consistent with Executive Order 13767 of January 25, 2017 (Border Security and Immigration Enforcement Improvements), for the purposes of this proclamation, “wall” means a contig135 STAT. 2557 uous, physical wall or other similarly secure, contiguous, and impassable physical barrier. **Sec. 4**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10143 January 25, 2021Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10143 of January 25, 2021** Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 By the President of the United States of America A Proclamation The Federal Government must act swiftly and aggressively to combat coronavirus disease 2019 (COVID–19). The national emergency caused by the COVID–19 outbreak in the United States continues to pose a grave threat to our health and security. As of January 20, 2021, the United States had experienced more than 24 million confirmed COVID–19 cases and more than 400,000 COVID–19 deaths. It is the policy of my Administration to implement science-based public health measures, across all areas of the Federal Government, to prevent further spread of the disease. The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Republic of South Africa is experiencing widespread, ongoing person-to-person transmission of SARS–CoV–2, the virus that causes COVID–19, including a variant strain of the virus known as B.1.351. The World Health Organization has reported that the Republic of South Africa has over 1,400,000 confirmed cases of COVID–19. Another variant strain, known as B.1.1.7, is widely circulating and has been traced to the United Kingdom. Furthermore, a third variant strain, which is known as B.1.1.28.1 and may impact the potential for re-infection, has been identified in Brazil. Based on developments with respect to the 135 STAT. 2558 variants and the continued spread of the disease, CDC has reexamined its policies on international travel and, after reviewing the public health situations within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa, has concluded that continued and further measures are required to protect the public health from travelers entering the United States from those jurisdictions. In my Executive Order of January 21, 2021, entitled “Promoting COVID–19 Safety in Domestic and International Travel,” I directed the Secretary of Health and Human Services, including through the Director of CDC, and in coordination with the Secretary of Transportation (including through the Administrator of the Federal Aviation Administration) and the Secretary of Homeland Security (including through the Administrator of the Transportation Security Administration), to further examine certain current public health precautions for international travel and take additional appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law. While that review continues, and given the determination of CDC, working in close coordination with the Department of Homeland Security, described above, I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: **Section 1**. *Suspension and Limitation on Entry.*
(a)The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation.
(b)The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States, is hereby suspended and limited subject to section 2 of this proclamation. **Sec. 2**. *Scope of Suspension and Limitation on Entry.*
(a)Section 1 of this proclamation shall not apply to:135 STAT. 2559
(i)any lawful permanent resident of the United States;
(ii)any noncitizen national of the United States;
(iii)any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;
(iv)any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(v)any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(vi)any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR–4 or IH–4 visa classifications;
(vii)any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(viii)any noncitizen traveling as a nonimmigrant pursuant to a C–1, D, or C–1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;
(ix)any noncitizen
(A)seeking entry into or transiting the United States pursuant to one of the following visas: A–1, A–2, C–2, C–3 (as a foreign government official or immediate family member of an official), E–1 (as an employee of TECRO or TECO or the employee’s immediate family members), G–1, G–2, G–3, G–4, NATO–1 through NATO–4, or NATO–6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
(B)whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(x)any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a spouse or child of a member of the U.S. Armed Forces;
(xi)any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or
(xii)any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
(b)Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States. **Sec. 3**. *Implementation and Enforcement.*
(a)The Secretary of State shall implement this proclamation as it applies to visas pursuant to 135 STAT. 2560 such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.
(b)The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any noncitizen subject to this proclamation does not board an aircraft traveling to the United States, to the extent permitted by law.
(c)The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.
(d)Where a noncitizen circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry, the Secretary of Homeland Security shall consider prioritizing such noncitizen for removal. **Sec. 4**. *Termination.* This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. **Sec. 5**. *Amendment.* Section 5 of Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk), and section 5 of Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), are each amended to read as follows: **“Sec. 5**. *Termination.* This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of the Proclamation of January 25, 2021, entitled “Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019,” and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation.” **Sec. 6**. *Effective Dates.*
(a)The suspension and limitation on entry set forth in section 1(a) of this proclamation is effective at 12:01 a.m. eastern standard time on January 26, 2021. The suspension and limitation on entry set forth in section 1(a) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 26, 2021.
(b)The suspension and limitation on entry set forth in section 1(b) of this proclamation is effective at 12:01 a.m. eastern standard time on January 30, 2021. The suspension and limitation on entry set forth in section 1(b) of this proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on January 30, 2021.135 STAT. 2561 **Sec. 7**. *Severability.* It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly:
(a)if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and
(b)if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders. **Sec. 8**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10144 February 1, 2021Adjusting Imports of Aluminum Into the United States GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10144 of February 1, 2021** Adjusting Imports of Aluminum Into the United States By the President of the United States of America A Proclamation 1. Proclamation 10139 of January 19, 2021 (Adjusting Imports of Aluminum Into the United States), amended Proclamation 9704 (Adjusting Imports of Aluminum Into the United States), as amended, with respect to tariffs on certain imports of aluminum articles proclaimed under section 232 of the Trade Expansion Act, as amended (19 U.S.C. 1862). Proclamation 10139 provides that those amendments will not take effect until 12:01 a.m. on February 3, 2021. 2. I consider it is necessary and appropriate in light of our national security interests to maintain, at this time, the tariff treatment applied to aluminum article imports from the United Arab Emirates
(UAE)under Proclamation 9704, as amended, as they are currently in effect as of this date. Accordingly, and as provided for in clause
(6)of Proclama135 STAT. 2562 tion 10139, I am terminating the modifications contained in that proclamation before they take effect. 3. Proclamation 9704 applied tariffs to help ensure the economic viability of the domestic aluminum industry—an industry that the Secretary of Commerce had previously identified as essential to our critical industries and national defense. Because robust domestic aluminum production capacity is essential to meet our current and future national security needs, Proclamation 9704 aimed to revive idled aluminum facilities, open closed smelters and mills, preserve necessary skills, and maintain or increase domestic production by reducing United States reliance on foreign producers. 4. In my view, the available evidence indicates that imports from the UAE may still displace domestic production, and thereby threaten to impair our national security. Proclamation 9704 authorized the Secretary of Commerce to grant exclusions from the aluminum tariffs based on specific national security considerations or if specific imported aluminum articles were determined not to be produced sufficiently in the United States, such that the imports would not diminish domestic production. Tellingly, there have been 33 such exclusion requests for aluminum imported from the UAE, covering 587,007 metric tons of articles, and the Secretary of Commerce has denied 32 of those requests, covering 582,007 metric tons. This indicates the large degree of overlap between imports from the UAE and what our domestic industry is capable of producing. 5. Since the tariff on aluminum imports was imposed, such imports substantially decreased, including a 25 percent reduction from the UAE, and domestic aluminum production increased by 22 percent through 2019, before the coronavirus pandemic began. In light of that history, I believe that maintaining the tariff is likely to be more effective in protecting our national security than the untested quota described in Proclamation 10139. 6. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 7. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim that Proclamation 10139, including the Annex, is revoked. IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord two thousand twenty-one, and of 135 STAT. 2563 the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10145 February 3, 2021American Heart Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10145 of February 3, 2021** American Heart Month, 2021 By the President of the United States of America A Proclamation Tragically, heart disease continues to be a leading cause of death in the United States. It affects Americans of all genders, races, and ethnicities. Yet despite being one of the country’s most costly and deadly diseases, it is among the most preventable. During American Heart Month, we recommit to fighting this disease by promoting better health, wellness, and prevention awareness in our communities. Heart disease can impact anyone, but risk factors such as high cholesterol, high blood pressure, physical inactivity, obesity, tobacco use, and alcohol abuse can increase the likelihood of developing the disease. By adopting a few healthy habits, each of us can reduce our risk. Avoiding tobacco, moderating alcohol consumption, making balanced and nutritious meal choices, and staying active can help prevent or treat conditions that lead to heart disease. Adults with heart conditions are also at increased risk of severe illness from COVID–19, which makes it even more important to follow these suggestions. We have seen the death rate from heart attacks rise dramatically during the COVID–19 pandemic because people are delaying or not seeking care after experiencing symptoms. It is important not to ignore early warning signs like chest pain, palpitations, shortness of breath, and sudden dizziness. And the symptoms of a heart attack can be different for men and women, an often-overlooked fact that can impact when people seek care. For more resources and information, follow your health care provider’s advice or visit www.CDC.gov/HeartDisease. My Administration is committed to supporting Americans in their efforts to achieve heart health. Under the Affordable Care Act, many insurance plans cover preventive services like blood pressure and obesity screening at no out-of-pocket cost to the patient. By protecting and expanding access to quality, affordable health care, we will work tirelessly to provide all Americans with the care they need to prevent and treat heart disease. We are also committed to closing the racial disparities in cardiovascular health. Despite an overall decline in death rates for heart disease, risk of heart disease death differs by race and ethnicity, and Black Americans continue to have the highest death rate for heart disease. Increased awareness and access to care will help reduce these staggering and unacceptable statistics. This month, we also honor the health care professionals, researchers, and heart health advocates who save our fellow Americans’ lives with their hard work. Every day, they put themselves on the front lines of our fight against heart disease, as well as the scourge of COVID–19.135 STAT. 2564 The First Lady and I encourage everyone to participate in National Wear Red Day on Friday, February 5th. By wearing red, we honor those we have lost to heart disease, and we raise awareness of the steps we can all take to prevent this devastating disease. Combatting heart disease is essential to improving public health in our Nation, and together we will renew our efforts to make all Americans aware of its signs and symptoms. This month, we recommit to building a healthier future for all. In acknowledgement of the importance of the ongoing fight against cardiovascular disease, the Congress, by Joint Resolution approved December 30, 1963, as amended (36 U.S.C. 101), has requested that the President issue an annual proclamation designating February as “American Heart Month.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim February 2021 as American Heart Month, and I invite all Americans to participate in National Wear Red Day on February 5, 2021. I also invite the Governors of the States, the Commonwealth of Puerto Rico, officials of other areas subject to the jurisdiction of the United States, and the American people to join me in recognizing and reaffirming our commitment to fighting cardiovascular disease. IN WITNESS WHEREOF, I have hereunto set my hand this third day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10146 February 3, 2021National Black History Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10146 of February 3, 2021** National Black History Month, 2021 By the President of the United States of America A Proclamation This February, during Black History Month, I call on the American people to honor the history and achievements of Black Americans and to reflect on the centuries of struggle that have brought us to this time of reckoning, redemption, and hope. We have never fully lived up to the founding principles of this Nation—that all people are created equal and have the right to be treated equally throughout their lives. But in the Biden-Harris Administration, we are committed to fulfilling that promise for all Americans. I am proud to celebrate Black History Month with an Administration that looks like America—one that reflects the full talents and diversity of the American people and that heralds many firsts, including the first Black Vice President of the United States and the first Black Secretary of Defense, among other firsts in a cabinet that is comprised of more Americans of color than any other in our history. It is long past time to confront deep racial inequities and the systemic racism that continue to plague our Nation. A knee to the neck of jus135 STAT. 2565 tice opened the eyes of millions of Americans and launched a summer of protest and stirred the Nation’s conscience. A pandemic has further ripped a path of destruction through every community in America, but we see its acute devastation among Black Americans who are dying, losing jobs, and closing businesses at disproportionate rates in the dual crisis of the pandemic and the economy. We saw how a broad coalition of Americans of every race and background registered and voted—more people than in any other election in our Nation’s history—to heal these wounds and unite and move forward as a Nation. But also less than 1 month after the attack on the Capitol, on our very democracy, by a mob of insurrectionists—of extremists and white supremacists—a bookend of the last 4 years and the hate that marched from the streets of Charlottesville, and that shows we remain in a battle for the soul of America. We must bring to our work a seriousness of purpose and urgency. That is why we are putting our response to COVID–19 on a war footing and marshalling every resource we have to contain the pandemic, deliver economic relief to millions of Americans who desperately need it, and build back better than ever before. That is why we are also launching a first-ever whole-government-approach to advancing racial justice and equity across our Administration—in health care, education, housing, our economy, our justice system, and in our electoral process. We do so not only because it is the right thing to do, but because it is the smart thing to do, benefitting all of us in this Nation. We do so because the soul of our Nation will be troubled as long as systemic racism is allowed to persist. It is corrosive. It is destructive. It is costly. We are not just morally deprived because of systemic racism, we are also less prosperous, less successful, and less secure as a Nation. We must change. It will take time. But I firmly believe the Nation is ready to make racial justice and equity part of what we do today, tomorrow, and every day. I urge my fellow Americans to honor the history made by Black Americans and to continue the good and necessary work to perfect our Union for every American. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 2021 as National Black History Month. I call upon public officials, educators, librarians, and all the people of the United States to observe this month with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this third day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10147 February 3, 2021National Teen Dating Violence Awareness and Prevention Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10147 of February 3, 2021** National Teen Dating Violence Awareness and Prevention Month, 2021 By the President of the United States of America A Proclamation This February, during National Teen Dating Violence Awareness and Prevention Month, we stand with those who have known the pain and isolation of an abusive relationship, and we recommit to ending the cycle of teen dating violence that affects too many of our young people. Together, it’s on all of us to raise the national awareness about teen dating violence and promote safe and healthy relationships. Dating violence transcends gender, race, religion, ethnicity, sexual orientation, and socioeconomic status. It takes many forms, among them physical, sexual, and emotional abuse, bullying, and shaming, which can occur in person or through electronic communication and social media. The spiral of violent dating relationships can lead to depression, anxiety, drug and alcohol use, as well as suicidal thoughts. Victims, especially young women, transgender, and gender nonconforming youth who face higher rates of violence, may suffer lifelong consequences. Many young people do not report the abuse for fear of retribution or unwarranted embarrassment. The pattern of abuse often continues to future relationships. My Administration encourages all Americans to lead by example by promoting healthy relationships, protecting our teens from abuse, and ensuring they have access to good help and support. If you or someone you know is involved in an abusive relationship of any kind, immediate and confidential support is available by visiting loveisrespect.org, calling 1–866–331–9474 (TTY: 1–800–787–3224), or texting “loveis” to 22522. For additional information and resources on dating violence, please visit VetoViolence.CDC.gov. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 2021 as National Teen Dating Violence Awareness and Prevention Month. I call upon all Americans to support efforts in their communities and schools, and in their own families, to empower young people to develop healthy relationships throughout their lives and to prevent and respond to teen dating violence. It’s on all of us. IN WITNESS WHEREOF, I have hereunto set my hand this third day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10148 February 22, 2021Remembering the 500,000 Americans Lost to COVID–19 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10148 of February 22, 2021** Remembering the 500,000 Americans Lost to COVID–19 By the President of the United States of America A Proclamation As of this week during the dark winter of the COVID–19 pandemic, more than 500,000 Americans have now died from the virus. That is more Americans who have died in a single year of this pandemic than in World War I, World War II, and the Vietnam War combined. On this solemn occasion, we reflect on their loss and on their loved ones left behind. We, as a Nation, must remember them so we can begin to heal, to unite, and find purpose as one Nation to defeat this pandemic. In their memory, the First Lady and I will be joined by the Vice President and the Second Gentleman for a moment of silence at the White House this evening. I ask all Americans to join us as we remember the more than 500,000 of our fellow Americans lost to COVID–19 and to observe a moment of silence at sunset. I also hereby order, by the authority vested in me by the Constitution and laws of the United States, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset February 26, 2021. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10149 February 24, 2021Revoking Proclamation 10014 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10149 of February 24, 2021** Revoking Proclamation 10014 By the President of the United States of America A Proclamation The suspension of entry imposed in Proclamation 10014 of April 22, 2020 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 of June 22, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), and section 1 of Proclamation 10131 of December 31, 2020 (Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus 135 STAT. 2568 Outbreak), does not advance the interests of the United States. To the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from joining their families here. It also harms industries in the United States that utilize talent from around the world. And it harms individuals who were selected to receive the opportunity to apply for, and those who have likewise received, immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery. Proclamation 10014 has prevented these individuals from entering the United States, resulting, in some cases, in the delay and possible forfeiture of their opportunity to receive Fiscal Year 2020 diversity visas and to realize their dreams in the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of persons described in section 1 of Proclamation 10014 is not detrimental to the interests of the United States. I therefore hereby proclaim the following: **Section 1**. *Revocation.* Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131 are revoked. **Sec. 2**. *Review of Agency Guidance.* The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10014 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation. **Sec. 3**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10150 March 1, 2021American Red Cross Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10150 of March 1, 2021** American Red Cross Month, 2021 By the President of the United States of America A Proclamation Throughout our country’s history, the humanitarian spirit of the American people has shined as a beacon of hope in times of crisis. It is written in our DNA that when hardship strikes, we come together to ensure that no one faces it alone. It is in that spirit that we celebrate American Red Cross Month, a chance to honor all those selfless Americans who step up and lend a hand whenever and wherever people are in need. For 140 years, the American Red Cross has been synonymous with the prevention and alleviation of human suffering across the globe. Founded by Clara Barton in 1881, the organization’s mission lives on in the dedication of Red Cross workers—more than 90 percent of whom are volunteers—and the generosity of the American people in moments of crisis. We saw unmistakable evidence of that spirit through the challenges of this past year. In 2020, more than 70,000 people became new Red Cross volunteers and stepped up on behalf of those in need—as disaster shelter workers, health workers, blood donor ambassadors, and transportation specialists. And when our country faced a severe blood shortage, the American people rolled up their sleeves, with more than a half-million of our friends and neighbors donating blood with the Red Cross for the first time. In a year like no other, people made a lifesaving difference. As months of relentless hurricanes, wildfires, and other extreme weather events battered communities, families spent more nights in emergency lodging than in any other year over the past decade—thanks to the hard work and generosity of Red Cross volunteers and partners who provided more than 1.3 million people with overnight stays last year. When the pandemic strained emergency services, Red Cross workers adapted to help fulfill urgent needs. They responded to increased emergency calls from military families, aided hundreds of thousands of home fire survivors, supported international health and hygiene services, and safely provided health and safety courses to essential workers and others to help them manage the COVID–19 threat. In recent days, as harsh winter storms left many Americans without power and water across the South and Midwest, the Red Cross and its partners have worked to help people recover and restore access to safe water. This month, we renew our commitment to Clara Barton’s remarkable vision and join together, as one Nation, to recommit ourselves to a foundational American principle: the duty of care we owe to one another when times get tough. I urge all Americans to take part in that tradition through our own everyday acts of compassion—helping a neighbor, a stranger, or a community in need. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America and Honorary Chairman of the American Red Cross, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2021 as American Red Cross Month. I encourage all Americans to observe this month 135 STAT. 2570 with appropriate programs, ceremonies and activities, and by supporting the work of service and relief organizations. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10151 March 1, 2021Irish-American Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10151 of March 1, 2021** Irish-American Heritage Month, 2021 By the President of the United States of America A Proclamation Since before the founding of our Nation, Irish immigrants have arrived on our shores with an unyielding spirit of determination that has helped define America’s soul and shape our success across generations. Driven by the same dreams that still beckon people the world over to America today, so many crossed the Atlantic with nothing but the hope in their hearts and their faith in the possibility of a better life. That’s what brought the Blewitts from County Mayo and the Finnegans of County Louth to the United States. For years, they brought Ireland into their homes in America. Working hard. Raising families. Remembering always where they came from. By 1909, my grandparents Ambrose Finnegan and Geraldine Blewitt met and married in Scranton, Pennsylvania, and passed on to my mother, Catherine Eugenia Finnegan Biden, a pride and a passion that runs through the bloodstream of all Irish-Americans. The story of the Irish the world over is one of people who have weathered their fair share of hard times, but have always come out strong on the other side. From often humble beginnings, Irish Americans became the farmers, servants, miners, factory workers, and laborers who fed our Nation, kept our homes, and built our industry and infrastructure. They became the soldiers who won American independence, died to preserve our Union, and fought in every battle since to defend America and its values. Irish Americans became the firefighters and police officers who have protected us. They are the activists who organized unions to give voice and strength to America’s workers. They are the educators who taught generations of American students and the public servants who have answered the call to service in the halls of the Congress, the Supreme Court, and the White House. We owe a debt of gratitude to the Irish-American inventors and entrepreneurs who helped define America as the land of opportunity. Irish-American writers pollinated America’s literary landscape with their love of language and storytelling, while Irish lyricism has brought poetry, art, music, and dance to nourish our hearts and souls. As I said when I visited Dublin in 2016, our nations have always shared a deep spark—linked in memory and imagination, joined by our histories and our futures. Everything between us runs deep: literature, 135 STAT. 2571 poetry, sadness, joy, and, most of all, resilience. Through every trial and tempest, we never stop dreaming. The fabric of modern America is woven through with the green of the Emerald Isle. This month, we celebrate the sacrifices and contributions that generations of Irish Americans have made to build a better America, and we renew the bonds of friendship that will forever tie Ireland and the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2021 as Irish-American Heritage Month. I call upon all Americans to celebrate the achievements and contributions of Irish Americans to our Nation with appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10152 March 1, 2021National Colorectal Cancer Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10152 of March 1, 2021** National Colorectal Cancer Awareness Month, 2021 By the President of the United States of America A Proclamation For my family, for the Vice President’s family, and for millions of families across our Nation, the fight against cancer is personal. Too many of us know the sinking feeling of shock and devastation when a loved one receives a diagnosis of cancer—too many of us know the unspeakable pain when the fight cannot be won. Each year, colorectal cancer claims more than 50,000 American lives, making it the second leading cause of cancer deaths in our Nation. National Colorectal Cancer Awareness Month is a chance to bring greater attention to this terrible disease and to offer what families living through it need most: hope. In this battle, hope and awareness are intertwined. Because the risk of death from colorectal cancer drops dramatically when the cancer is caught early, we can save lives by calling attention to risk factors and increasing routine screening. This month is our chance to improve public understanding of colorectal cancer risk, inform people about screening recommendations, and set our sights on broadening prevention strategies, improving treatments, and finding a cure. Colorectal cancer can afflict anyone, but the risk is higher among some Americans than others. When we lost the trailblazing actor Chadwick Boseman to colon cancer last year after a heroic fight, it served as a reminder that this disease disproportionately impacts communities of color—and is particularly fatal among Black Americans. Age, too, is a factor, as the majority of cases occur in people over 50 years old. People with increased risk for developing the disease include certain racial and ethnic minority populations, as well as individuals with inflammatory bowel disease, a family history of colorectal cancer, or other 135 STAT. 2572 risk factors such as tobacco use. For more information on risk factors, you can visit www.cancer.gov. As with so many diseases, the best defense against colorectal cancer is early detection. Symptoms can include blood in the stool; stomach pain, aches, or cramps that do not go away; and weight loss without a known cause. But many cases have no symptoms, especially early in the disease, when colorectal cancer is most curable. A recent Government study estimated that if all 50-year-old adults were screened for colorectal cancer, we could prevent approximately 35,000 deaths. That is why it is so crucial, especially for Americans over 50 or otherwise at increased risk, to receive regular screenings. And although the disease is relatively rare in younger adults, the incidence of colorectal cancer has been rising among this group. No matter your age, every American should take possible colorectal cancer symptoms seriously and bring them to the attention of your health care provider. I know how hard it is right now to be mindful of preventive care. The COVID–19 pandemic has disrupted so many parts of our lives, including, for far too many, the routine checkups and screenings that are so vital to guarding against disease. I urge every American to take the precautions they need in order to stay vigilant against cancer—don’t delay your recommended screenings, doctor’s visits, and treatments. You and your healthcare provider can discuss how to balance the risks and benefits of cancer screening, taking into account medical history, family history, other risk factors, and the time between screenings. My Administration is strongly committed to improving the prevention and treatment of colorectal cancer, and to giving every American access to quality, affordable health coverage. Because of the Affordable Care Act, most health insurance plans must cover a set of preventive services with no out-of-pocket cost. This includes colorectal cancer screening in adults age 50 and older. In response to the COVID–19 pandemic, my Administration also announced a Special Enrollment Period for the Health Insurance Marketplace now through May 15th, so that millions of uninsured individuals and families can sign up for health coverage and gain these protections. I encourage you to visit www.healthcare.gov to explore your eligibility and get covered. Above all, I want every family facing this fight—and all those that will in the future—to know that there is hope. As President, I am committed to ending cancer as we know it. That mission motivated me every day when I led the Cancer Moonshot Initiative in 2016 to speed up progress toward prevention, treatment, and cures. Thanks to that effort, researchers, oncologists, care providers, philanthropists, data and tech experts, advocates, patients, and survivors have joined forces to double the rate of progress toward a cure for cancer. One particular program, Accelerating Colorectal Cancer Screening and follow-up through Implementation Science (ACCSIS), has made strides to improve colorectal cancer screening, follow-up, and referral for care among populations that have low screening rates, including communities of color and rural Americans. You can read more about this important work by visiting www.cancer.gov and www.cdc.gov/cancer. This month, I encourage all Americans to talk to family and friends about getting screened. If we look out for one another, we can reduce suffering, increase the odds of cancer survival, keep more families whole, and win this fight once and for all.135 STAT. 2573 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2021 as National Colorectal Cancer Awareness Month. I encourage all citizens, government agencies, private businesses, non-profit organizations, and other groups to join in activities that will increase awareness and prevention of colorectal cancer. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10153 March 1, 2021Women’s History Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10153 of March 1, 2021** Women’s History Month, 2021 By the President of the United States of America A Proclamation Each year, Women’s History Month offers an important opportunity for us to shine a light on the extraordinary legacy of trailblazing American women and girls who have built, shaped, and improved upon our Nation. Throughout American history, women and girls have made vital contributions, often in the face of discrimination and undue hardship. Courageous women marched for and won the right to vote, campaigned against injustice, shattered countless barriers, and expanded the possibilities of American life. Our history is also replete with examples of the unfailing bravery and grit of women in America, particularly in times of crisis and emergency. Women served our Nation during World War II, led organizing and litigation efforts during the Civil Rights movement, and represented the United States on the global stage in the fight for human rights, peace, and security. Far too often, their heroic efforts and their stories have gone untold—especially the millions of Black women, immigrant women, and others from diverse communities who have strengthened America across every generation. In our current moment of crisis, women continue to lead. From vaccine researchers to public health officials to the countless heroines on the frontlines, women are working around the clock to defeat COVID–19. Women, and particularly women of color, also make up the majority of America’s essential workers, including educators and child care providers, grocery store workers, farmworkers, and others who are keeping our families, our communities, and our country afloat. This year has also marked an historic milestone of women’s leadership 232 years in the making, with the inauguration of America’s first woman Vice President. As we celebrate the contributions and progress of women and girls, we must also reflect on the extraordinary and unequal burdens they continue to bear today. The COVID–19 pandemic has exacerbated barriers that have held back women—particularly women of color—for generations. Gender and racial disparities in pay continue to fester. A dis135 STAT. 2574 proportionate share of caregiving continues to fall on the shoulders of women and girls. And now, job losses due to COVID–19 have set women’s labor force participation back to its lowest point in more than 30 years—threatening the security and well-being of women and their families and imperiling the economic progress of our entire Nation. The share of mothers who have left the labor force is three times that of fathers; in September 2020 alone, an astonishing 865,000 women dropped out of the American workforce. These trends are even more dire among women of color, with Black and Hispanic women facing disproportionately high rates of unemployment. At the same time, food insecurity has risen dramatically since the pandemic began, particularly in female-headed households with children, as have reports of intimate partner violence. Since taking office on January 20th, Vice President Kamala Harris and I have made COVID–19 vaccination, relief, and broad-based economic recovery efforts a top priority. Our goal is not to return our economy to where it was before the pandemic struck. Our goal is to build back better—and that means creating a strong and durable foundation for the economic opportunity and security of women in America. Our plans include proposals to provide individual payments and tax credits to put money in the hands of families in need; increase housing and food assistance as well as unemployment insurance; lower health costs and expand access to coverage; increase support for and access to child care; and expand existing paid leave policies. We are also committed to making further progress on what, for me, has been a lifelong cause: reducing gender-based violence, and advancing the safety, economic stability, and well-being of survivors. Sixty years ago, when former First Lady Eleanor Roosevelt confronted President John F. Kennedy about the lack of women in Government, he appointed her as head of a new commission to address the status of women in America and take on discrimination in all of its forms. We have made significant progress in the United States, thanks to the persistence and tireless work of countless women. I am proud that the White House Gender Policy Council will build on those efforts by putting a laser focus on the needs and contributions of women and girls, and ensuring a Government-wide focus on gender equity. Our Administration is also committed to ensuring that women are well-represented at all levels in the executive branch: already, we have selected a record number of women who represent the diversity of America to serve in Cabinet-level positions. During Women’s History Month, let us honor the accomplished and visionary women who have helped build our country, including those whose contributions have not been adequately recognized and celebrated. And let us pay tribute to the trailblazers from the recent and distant past for daring to envision a future for which no past precedent existed, and for building a Nation of endless possibilities for all of its women and girls. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2021 as Women’s History Month. I call upon all Americans to observe this month and to celebrate International Women’s Day on March 8, 2021, with appropriate programs, ceremonies, and activities. I also in135 STAT. 2575 vite all Americans to visit www.WomensHistoryMonth.gov to learn more about the vital contribution of women to our Nation’s history. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10154 March 1, 2021National Consumer Protection Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10154 of March 1, 2021** National Consumer Protection Week, 2021 By the President of the United States of America A Proclamation American families are grappling with the devastating challenges of the COVID–19 pandemic and the economic crisis with courage and resilience every day. In this moment of crisis, the last thing any of us should have to contend with are predators in the consumer marketplace seeking to take advantage of us, exploit our personal data, or invade our digital privacy. Unfortunately, the pandemic has brought a wave of fraud in its wake, with scam artists serving up fake websites and advertisements targeting desperate Americans in search of personal protective equipment. Scammers also saw the distribution of stimulus payments as fertile ground for fraud, offering vulnerable people false promises of help to get their payments more quickly. My Administration has zero tolerance for these and other criminals who take Americans’ hard-earned dollars or abuse their personal information. As Americans rely more and more on digital products—from virtual communication tools helping us stay connected through the pandemic, to apps and smart appliances that bring greater convenience to our lives—our commitment to consumer protection must keep pace with these incredible innovations. Just because we increasingly depend on technology to work, shop, go to school, and see our loved ones doesn’t mean that we should sacrifice our safety or privacy. My Administration will make it a priority to ensure that companies providing these and other services honor consumer expectations regarding their privacy and their data. We will pursue fraudulent actors aggressively, and work to raise the bar on digital security standards as new innovations are introduced. We also recognize the important role that savvy consumers play in keeping the marketplace honest. My Administration will make sure that Americans in every community have access to the educational resources they need to make informed choices online—including resources to help them protect their privacy and recognize, avoid, and report fraudulent schemes. As millions of Americans face continued hardship from the COVID–19 pandemic, we must also prevent abuses that can result in individuals and families losing their homes. My Administration has taken decisive action to help keep people in their homes, and I encourage Americans to visit www.consumerfinance.gov/housing for up-to-date information 135 STAT. 2576 on their relief options, protections, and key deadlines. As Federal agencies continue working to implement housing assistance for American families, the Consumer Financial Protection Bureau offers this website as a one-stop shop for both homeowners and renters to learn about programs and resources that can help them stay in their homes by reducing the risk of eviction and foreclosure. The Federal Trade Commission and the Consumer Financial Protection Bureau, our Nation’s consumer protection agencies, in coordination with law enforcement across the country, fight predatory practices and privacy violations day in and day out, with investigations, law enforcement actions, and free, actionable, plain-language consumer education resources. National Consumer Protection Week brings together public and private sector organizations that work to educate and protect the American people from marketplace threats. This week, and all year long, my Administration is dedicated to making sure that every American understands their rights and has access to information that can help protect themselves and their communities. To learn more about these resources, visit www.consumer.ftc.gov. To learn how to get involved with National Consumer Protection Week, visit www.ftc.gov/ncpw. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim February 28 through March 6, 2021, as National Consumer Protection Week. I call upon government officials, industry leaders, and advocates across the Nation to share information about consumer protection and provide our citizens with information about their rights as consumers. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10155 March 1, 2021Read Across America Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10155 of March 1, 2021** Read Across America Day, 2021 By the President of the United States of America A Proclamation I have always believed that America’s children are the kite strings that keep our national ambitions aloft—the more we do today to spark their curiosity, their confidence, and their imaginations, the stronger our country will be tomorrow. The key to developing young learners into engaged, active, and innovative thinkers is instilling in them a love of reading at an early age. Reading is the gateway to countless skills and possibilities—it sets children on the path to a lifetime of discovery. On this Read Across America Day, we celebrate the parents, educators, librarians, and other champions of reading who help launch our Nation’s children on that critical path. Once a passion for reading takes hold in a young person, the benefits extend far beyond the classroom. Reading broadens our perspective, in135 STAT. 2577 troduces us to new worlds, cultures, and languages, and cultivates our sense of empathy and understanding of other people’s experiences and views. Reading informs us, empowers us, and teaches us the lessons of history. It helps us make sense of the world as it is—and inspires us to dream of what it could be. Studies also show that reading improves our memory, helps us become better problem solvers, and even reduces the chance of developing cognitive disorders such as Alzheimer’s down the road. And with the right book in hand, reading can nourish not only our minds, but our souls. The First Lady often observes that “any nation that out-educates us will out-compete us.” She is absolutely correct. Literacy is essential to finding a good-paying job, advancing in your career, and carving out your place in the middle class. Reading proficiency is what makes us a Nation of innovators and entrepreneurs—a Nation capable of building and growing a dynamic 21st century economy. Reading comprehension is also what allows us to discern fact from fiction—a critical skill at all times, and especially so in the midst of a global pandemic, when the health and safety of our loved ones could very well depend on determining the veracity of what we read. According to Department of Education estimates, more than half of United States adults (54 percent) between 16- and 74-years of age lack proficiency in literacy, reading below the equivalent of a sixth-grade level. Illiteracy incurs a massive economic toll on our economy, and keeps not just individuals, but our entire Nation, from reaching our full potential. By every calculation, reading matters to our shared quality of life. For countless Americans, the path to literacy begins with story time in their school classroom. That is one of many reasons why my Administration is providing support to States and communities to help them create the conditions for students to return to safe, in-person learning as quickly as possible. We must ensure that all of our children receive the high-quality instruction and essential classroom time they need to learn and grow. It is a national imperative that we minimize the learning loss caused by the pandemic—and address the disproportionate impact that lost time imposes on our most vulnerable students and families. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 2, 2021, as Read Across America Day. I call upon children, families, educators, librarians, public officials, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10156 March 18, 2021Honoring the Victims of the Tragedy in the Atlanta Metropolitan Area GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10156 of March 18, 2021** Honoring the Victims of the Tragedy in the Atlanta Metropolitan Area By the President of the United States of America A Proclamation As a mark of respect for the victims of the senseless acts of violence perpetrated on March 16, 2021, in the Atlanta Metropolitan area, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, March 22, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10157 March 19, 2021National Poison Prevention Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10157 of March 19, 2021** National Poison Prevention Week, 2021 By the President of the United States of America A Proclamation Sixty years ago, the Congress established National Poison Prevention Week to remind all Americans to stay vigilant and protect our families from the often hidden threat of poisoning. Never has that reminder been more timely than this year—9 out of 10 poisonings occur inside the home, and with families spending more time indoors due to the COVID–19 pandemic, children and isolated seniors are at an increased risk of accidental poisoning that could result in injury or death. Young children are particularly vulnerable to accidental poisoning because—as every parent knows—children tend to explore objects with their hands and mouths. That’s especially true when it comes to products with floral or fruity aromas, or those that come in colorful packaging. Hand sanitizer, household cleaning products, laundry packets, medications, coin cell batteries, and liquid nicotine are among the most commonly ingested products; these and similar items should be stored in child-resistant packaging and kept out of sight and out of reach of children. Medications should be secured and, if possible, locked away. And unfinished or unused medicine should be properly discarded—many pharmacies and police departments have disposal kiosks for just that purpose.135 STAT. 2579 In 2019, approximately 67,500 of our Nation’s children under the age of 5 had to visit the emergency room due to unintended poisoning. About 85 percent of these incidents occurred in the home, most often because they ingested blood pressure medications, acetaminophen, bleach, ibuprofen, antidepressants, attention deficit disorder medications, or laundry packets. Elderly Americans are also at risk of mistaking medications and ingesting household products; for seniors who are isolated due to the pandemic, it is particularly important to secure and clearly label medications and poisonous substances. Poison control centers are a vital component of our Nation’s response to poisonings. Centers across the United States operate around the clock and respond to approximately three million calls every year from the public, as well as from health care providers, 911 public-safety access points, health departments, law enforcement, first responders, and other safety agencies. They represent our first line of defense in many cases, including when it comes to the opioid epidemic that continues to devastate so many of our families and communities. According to the Centers for Disease Control and Prevention, overdose deaths have increased significantly in the past several years. Opioids are the main driver for this increase, killing nearly 47,000 people in the United States in 2018. Two out of three opioid-involved overdose deaths involve synethic opioids, including illegally manufactured fentanyl. When used in combination with other drugs, with or without the user’s knowledge, it can be poisonous and deadly. But even legal substances, like liquid nicotine, can pose a deadly risk. Ingestion of small amounts of liquid nicotine can be extremely hazardous and even deadly to children, which is why the Consumer Product Safety Commission has warned vape shops and other retailers that selling liquid nicotine without proper packaging violates Federal law. To avoid potential poisonings, always store liquid nicotine in its child-resistant packaging, tightly seal the container after each use, and keep it locked or stored away from children. If you believe someone has been poisoned, immediately call the Poison Control Help line at 800–222–1222. For more information, go to poisonhelp.org. To encourage Americans to learn more about the dangers of unintentional poisonings and to take appropriate preventive measures, on September 26, 1961, the United States Congress, by joint resolution (75 Stat. 681), authorized and requested the President to issue a proclamation designating the third week of March each year as “National Poison Prevention Week.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim March 21 through March 27, 2021, to be National Poison Prevention Week. I call upon all Americans to observe this week by taking actions to safeguard their families from poisonous products, chemicals, and medicines often found in our homes, and to raise awareness of these dangers to prevent accidental injuries and deaths. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of March, in the year of our Lord two thousand twenty-one, and 135 STAT. 2580 of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10158 March 22, 2021National Agriculture Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10158 of March 22, 2021** National Agriculture Day, 2021 By the President of the United States of America A Proclamation On National Agriculture Day, we recognize the unique and irreplaceable value that farmers, ranchers, foresters, farmworkers, and other agricultural stewards have contributed to our Nation’s past and present. America’s agriculture sector safeguards our Nation’s lands through sustainable management; ensures the health and safety of animals, plants, and people; provides a safe and abundant food supply; and facilitates opportunities for prosperity and economic development in rural America. Over the last year, workers and other leaders across the agriculture sector have stepped up to ensure a stable food supply in the face of incredible challenges prompted by the COVID–19 pandemic. Farmworkers, who have always been vital to our food system, continued to grow, harvest, and package food, often at great personal risk. Local farmers helped to meet their communities’ needs by selling food directly to consumers. Small meat processors increased their capacity as demand for their services skyrocketed. Restaurants found creative ways to bring food to members of their communities. Grocers and grocery workers also navigated new models, such as curbside pickup and online sales. These collective efforts helped get food to the millions of adults and children in America experiencing nutrition insecurity. Programs such as the Supplemental Nutrition Assistance Program; the Special Supplemental Nutrition Program for Women, Infants, and Children; school meals; and others focused on eliminating nutrition insecurity play an integral role in making sure that every family has enough food on the table. As we overcome the pandemic and build back better, we will advance an agriculture sector that works for everyone. When I took office, I made a commitment alongside Vice President Kamala Harris to put racial equity at the forefront of our Administration’s priorities. For generations, Black, Indigenous, and other farmers of color have contributed to sustaining this Nation. They fed their communities, gave the country new food products, and nourished communities with rich food traditions. Yet for generations they have faced the harmful effects of systemic racism. On this National Agriculture Day, I remain determined to address racial inequity and create an equitable space for all to participate in the great American enterprise of agriculture. I also made a commitment to tackle the climate crisis. Farmers, ranchers, and foresters play a critical role in combating climate change. From sequestering carbon in the soil to producing renewable energy on 135 STAT. 2581 farms, we will continue to innovate and create new revenue streams for farmers and ranchers while building a resilient agriculture sector. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 23, 2021, as National Agriculture Day. I call upon all Americans to join me in recognizing and reaffirming our commitment to and appreciation for our country’s farmers, ranchers, foresters, farmworkers, and those who work in the agriculture sector across the Nation. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10159 March 23, 2021Education and Sharing Day, U.S.A., 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10159 of March 23, 2021** Education and Sharing Day, U.S.A., 2021 By the President of the United States of America A Proclamation If the isolation and loss of the last year has taught us anything, it is just how much we need each other, how intertwined our lives are, and how deeply we crave conversation, connection, and community. We are at our best when we work together and help our neighbors, whether down the road or around the world. This lesson is at the heart of Education and Sharing Day, U.S.A., when we celebrate the role models, mentors, and leaders who devote themselves to the progress and success of each new generation, to reinforcing our common bonds, and to lifting up our highest ideals. Today, we mark the legacy of Rabbi Menachem Mendel Schneerson, the Lubavitcher Rebbe, a guiding light of the international Chabad-Lubavitch movement and a testament to the power and resilience of the human spirit. A witness to some of the 20th century’s darkest events and greatest tragedies, he devoted his life to bringing healing by advancing justice, compassion, inclusivity, and fellowship worldwide. A tireless advocate for students of all ages, he sought to foster exchange, understanding, and unity among all people. The global pandemic has brought some measure of struggle and sorrow to each of us, and amidst the larger tragedies—the tragic loss of so many lives and livelihoods—we have also missed the many small but meaningful moments that contribute to our shared humanity: a hug or handshake, a smile or a meal, the dignity of daily work, and the simple routines that give our lives greater structure and purpose. We have realized that one of the greatest gifts our schools give to our students and educators is time spent with each other—the daily opportunities to learn and grow together, face to face. There is no substitute for this experience and the wonder and wisdom it brings. The American Rescue Plan will help to restore these connections. The plan dedicates the resources we need to defeat the pandemic and re135 STAT. 2582 turn to our lives and loved ones, and provides direct relief to families, small businesses, and communities. It also includes 130 billion dollars to help schools in every community reopen safely and soon, so that our children can return to the invaluable interactions with friends, teachers, and school staff that add up to so much more than the sum of their parts. On this Education and Sharing Day, U.S.A., let us recommit ourselves to building an America that is more just, equal, unified, and prosperous. Let us leave our children a nation and a world that is better than the one we inherited—and, in the spirit of history’s greatest teachers, let us help all of our students to love learning; seek lives of dignity, decency, and respect; and work together for the common good. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 24, 2021, as Education and Sharing Day, U.S.A. I call upon all government officials, educators, volunteers, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10160 March 23, 2021Honoring the Victims of the Tragedy in Boulder, Colorado GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10160 of March 23, 2021** Honoring the Victims of the Tragedy in Boulder, Colorado By the President of the United States of America A Proclamation As a mark of respect for the victims of the senseless acts of violence perpetrated on March 22, 2021, in Boulder, Colorado, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, March 27, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10161 March 24, 2021Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10161 of March 24, 2021** Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2021 By the President of the United States of America A Proclamation Exactly 200 years ago, inspired by the same ideals of liberty, self-governance, and passionate belief in democracy that sparked the American Revolution, the people of Greece declared their independence. Today, the people of the United States join the Greek people in commemorating the creation of the modern Greek state—and celebrating two centuries of enduring friendship between our nations. On Greek Independence Day, we celebrate the history and values that unite the United States of America and the Hellenic Republic. Our Founding Fathers drew inspiration from ancient Greece’s example as they framed our Constitution and formed the world’s first modern democracy. A few decades later, American Philhellenes championed Greece’s quest for independence, forging a close connection between our peoples that has flourished over the ensuing years. During the course of my career, I have had the privilege to work closely with many Greek Prime Ministers. I have been blessed by lifelong friendships in the Greek-American community, including with a great leader whom we recently lost, Senator Paul Sarbanes. From a young age, I have admired the courage, decency, and honor that defines the Greek community—the unwillingness to bend or bow in the face of injustice, or to accept abuses of power. Today, Greece is a crucial NATO ally and friend of the United States, and a leader for peace and prosperity in the Eastern Mediterranean, Black Sea, and Western Balkans regions. The United States welcomes Greece’s commitment to hosting the United States Naval Support Activity at Souda Bay, Crete, and United States rotational forces elsewhere in Greece. Through our ongoing Strategic Dialogue, we have advanced our relationship in nearly every respect. We have accelerated progress on making the region a safer place, and we have increased trade and investment that brings jobs and prosperity to the people of our nations and to the world. Our strong and historic relationship continues to grow in depth and breadth. We have diversified the region’s energy sources, enhanced educational and cultural exchanges, partnered on counterterrorism, and reconfirmed our commitment to the rule of law. As we honor our shared history and accomplishments, we believe the common values that have guided our societies for 200 years will help us accomplish even more together in the years to come. This bicentennial reminds Americans and Greeks alike of the enduring strength of the principles that sparked our respective revolutions and the values that uphold our democracies. We congratulate Hellenic-American organizations, the estimated three million Americans of Greek descent, and the Greek people on a year of commemorations and events celebrating this historic milestone in both the United States and Greece. Together, we will continue to lift high the lamp of democracy, whatever challenges come our way.135 STAT. 2584 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 25, 2021, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy, and I call upon the people of the United States to observe this day with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10162 March 24, 2021National Equal Pay Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10162 of March 24, 2021** National Equal Pay Day, 2021 By the President of the United States of America A Proclamation Equal Pay Day is a reminder of the work that still remains to advance equity and ensure that all Americans have the opportunity to reach their full potential. This day is a symbolic representation of how far into this year women must work to catch up to what men made in the previous year. Women working full-time, year-round are typically paid just 82 cents for every dollar paid to men. It is a day that calls us to action—to renew our commitment to the principles of equity and equal opportunity that define who we are as Americans. Women lose thousands of dollars each year, and hundreds of thousands over a lifetime, because of the gender and racial wage gap. In 2019, the typical woman who worked full time took home just 82 percent of the typical man’s pay. The disparities are even greater for Black, Native American, and Hispanic women, who earned 63 percent, 60 percent, and 55 percent of white men’s wages, respectively. While Asian American women make 87 percent of what white men make, the gap for Asian women varies significantly depending on subpopulation, with some Asian women—for example, Cambodian and Vietnamese women—earning among the lowest wages. Those gaps mean we will not be marking Latinas’ Equal Pay Day until October—because it takes that long for the average Latina to earn what the average white man made in the previous year. Since the COVID–19 pandemic began, we have seen women, particularly women of color, disproportionately working on the frontlines, caring for our loved ones, and working to combat the virus—but they continue to earn less than their male counterparts. The Biden-Harris Administration believes that ensuring equal pay is essential to advancing America’s values of fairness and equity as well as our economic strength here at home and our competitiveness abroad. The burdens and job losses women sustained this year have erased more than 30 years of progress they have made in the labor force. Due in large part to the impact of the pandemic, there are 4.2 million fewer women working now than there were in February 2020— 135 STAT. 2585 and millions more women have had to reduce their hours, often in response to caregiving demands that we know fall disproportionately on women. America’s economic recovery depends on us addressing the barriers that have hampered women from fully participating in the labor force, resulting in gender income and wealth gaps that have been magnified and exacerbated by COVID–19. We must begin by passing the Paycheck Fairness Act, which will take important steps towards the goal of ending pay discrimination. For instance, it will ban employers from seeking salary history—removing a common false justification for under-paying women and people of color—and it will hold employers accountable who engage in systemic discrimination. The bill will also work to ensure transparency and reporting of disparities in wages, because the problem will never be fixed if workers are kept in the dark about the fact that they are not being paid fairly. Relying on individuals to uncover unfair pay practices on their own will not get the job done; when pay data is available, workers can better advocate for fair pay and employers can fix inequities. We must also provide paid family and medical leave, make schedules more predictable and childcare more affordable, and build pipelines for training that enable women to access higher-paying jobs. This commitment also means increasing pay for childcare workers, preschool teachers, home health aides, and others in the care economy—and taking additional steps to increase wages for American workers, such as raising the minimum wage and empowering workers to organize and collectively bargain, both of which are important to reducing the wage gap for women. Vice President Harris and I are committed to building back better: for low-wage workers, for working families, and for all women. There is still significant work to be done to make sure our daughters receive the same rights and opportunities as our sons, and that work is critical to ensuring that every American is given a fair shot to get ahead in this country. Today, on Equal Pay Day, we recognize the role that equal pay plays in building back better for everyone. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 24, 2021, as National Equal Pay Day. I call upon all Americans to recognize the full value of women’s skills and their significant contributions to the labor force, acknowledge the injustice of wage inequality, and join efforts to achieve equal pay. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10163 March 31, 2021César Chávez Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10163 of March 31, 2021** César Chávez Day, 2021 By the President of the United States of America A Proclamation In his time, César E. Chávez witnessed a booming economy that served those at the top, but left millions of hardworking Americans behind—and he earned an enduring place in history by standing strong for the rights and dignity of the working people who built and sustained our Nation. Today, on what would have been his 94th birthday, we summon his courage and moral clarity to guide us as we face the ongoing challenges of a pandemic, a deeply unequal economic crisis, and a long overdue national reckoning on racial and economic justice. As we work to recover and rebuild an economy that rewards hard work and brings everyone along—including the immigrants and farm workers he championed, as well as the essential workers carrying our Nation on their backs today—we have no finer role model than César Chávez. His legacy as the founder, along with Dolores Huerta, of the United Farm Workers of America, reminds us of the central place that organizing and collective bargaining holds in advancing the dignity and wellbeing of working Americans. It’s a reminder that the power of workers coming together to bargain for a better deal is what built the American middle class and made possible the American dream. Chávez taught us: “Our ambitions must be broad enough to include the aspirations and needs of others, for their sakes and for our own.” That most American of sentiments is as resonant today as it has ever been, as we seek to build back our Nation in a way that brings every single one of us along. He fasted. He marched. He organized. He stayed true to his convictions, and brought hope to millions for whom hope had often seemed too far away. To him, “La Causa” meant elevating our common humanity to the center of an agenda for progress. And that elevation meant organizing for safe and healthy workplaces, a living wage, protections against sickness and disability, time with family, and so much else that we continue to prize and fight for today. I keep that lesson in my heart every day—and I was proud to place a bust of César Chávez in the Oval Office, so that no one who enters that historic room may forget the powerful truths his farm worker hands imparted. On César Chávez Day, let us recommit ourselves to the duty we have in service to one another to work toward equity and justice across our communities. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31, 2021, as César Chávez Day. I call upon all Americans to observe this day as a day of service and learning, with appropriate service, community, and education programs to honor César Chávez’s enduring legacy. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and 135 STAT. 2587 of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10164 March 31, 2021Transgender Day of Visibility, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10164 of March 31, 2021** Transgender Day of Visibility, 2021 By the President of the United States of America A Proclamation Today, we honor and celebrate the achievements and resiliency of transgender individuals and communities. Transgender Day of Visibility recognizes the generations of struggle, activism, and courage that have brought our country closer to full equality for transgender and gender non-binary people in the United States and around the world. Their trailblazing work has given countless transgender individuals the bravery to live openly and authentically. This hard-fought progress is also shaping an increasingly accepting world in which peers at school, teammates and coaches on the playing field, colleagues at work, and allies in every corner of society are standing in support and solidarity with the transgender community. In spite of our progress in advancing civil rights for LGBTQ+ Americans, too many transgender people—adults and youth alike—still face systemic barriers to freedom and equality. Transgender Americans of all ages face high rates of violence, harassment, and discrimination. Nearly one in three transgender Americans have experienced homelessness at some point in life. Transgender Americans continue to face discrimination in employment, housing, health care, and public accommodations. The crisis of violence against transgender women, especially transgender women of color, is a stain on our Nation’s conscience. The Biden-Harris Administration is committed to fulfilling the promise of America for all Americans by stamping out discrimination and delivering freedom and equality for all. To ensure that the Federal Government protects the civil rights of transgender Americans, I signed, on my first day in office, an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. Today, we are proud to celebrate Transgender Day of Visibility alongside barrier-breaking public servants, including the first openly transgender American to be confirmed by the United States Senate, and alongside patriotic transgender service members, who are once again able to proudly and openly serve their country. We also celebrate together with transgender Americans across the country who will benefit from our efforts to stop discrimination and advance inclusion for transgender Americans in housing, in credit and lending services, in the care we provide for our veterans, and more. To more fully protect the civil rights of transgender Americans, we must pass the Equality Act and provide long overdue Federal civil rights protections on the basis of sexual orientation and gender identity. The Equality Act will deliver legal protections for LGBTQ+ Ameri135 STAT. 2588 cans in our housing, education, public services, and lending systems. It will serve as a lasting legacy to the bravery and fortitude of the LGBTQ+ movement. Vice President Harris and I affirm that transgender Americans make our Nation more prosperous, vibrant, and strong. I urge my fellow Americans to join us in uplifting the worth and dignity of every transgender person. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 31, 2021, as Transgender Day of Visibility. I call upon all Americans to join in the fight for full equality for all transgender people. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10165 March 31, 2021Month of the Military Child, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10165 of March 31, 2021** Month of the Military Child, 2021 By the President of the United States of America A Proclamation April marks the Month of the Military Child, when our Nation pays tribute to the resilience and tenacity of our military children; over 2 million active duty, National Guard, Reserve and children of veterans who did not make the choice to serve, but live each day supporting their brave parents. These young people live out the words of the poet John Milton, “they also serve who only stand and wait.” We see their service and thank them for it. From a young age, children of service members sometimes endure long separations from their parents and shoulder the burdens of service. They spend holidays and milestones apart from those they love the most, or celebrate with only a short phone call or virtual chat from a faraway parent. This is something the First Lady and I have witnessed in our own lives, as our grandchildren experienced their father’s deployment to Iraq. Military children change schools up to nine times between the start of kindergarten and high school graduation. With each move, they grapple with difficult goodbyes and the challenge of making new friends. Although life in a military family can include exploring new places and exposure to other cultures and customs, it can also bring frustration and loneliness. During the Month of the Military Child, we show our appreciation for the commitment and service of military children in shouldering these challenges, and we recognize the stressors on military children brought about by the unique demands of their parents’ military life. The strength of our Armed Forces comes not just from those who wear the uniform, but from their families, who also serve on behalf of our 135 STAT. 2589 country. As a Nation, we have many obligations, but we have only one truly sacred obligation: to properly prepare and equip our troops when we send them into harm’s way, and to care for them and their families. The First Lady and I understand the gravity of this promise personally, and we have made supporting service members, veterans, their families, caregivers, and survivors a top priority for my Administration. That is why the First Lady has committed to relaunching the Joining Forces initiative, mobilizing all Americans to continue the national commitment to support and engage our military families. By raising awareness about the unique aspects of military life and working toward solutions to its challenges, my Administration will continue to support military children and will help ensure that they have opportunities to grow and live out their dreams. Observing the Month of the Military Child demonstrates our support for military children who make daily sacrifices so their parents can keep our Nation safe. Military-connected children are strong and resilient, and we must match their strength with a commitment to provide the full support of our communities and our Government. I encourage all Americans to serve them as well as they serve us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as the Month of the Military Child. I call upon the people of the United States to honor military children with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10166 March 31, 2021National Cancer Control Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10166 of March 31, 2021** National Cancer Control Month, 2021 By the President of the United States of America A Proclamation Despite the incredible advancements we have made in recent years, cancer remains the second leading cause of death in the United States. Behind this statistic are millions of Americans who know the distress of receiving a cancer diagnosis, and millions more who watch family members or friends courageously fight this disease and too often succumb to it. Cancer is brutal and cruel, and I intimately understand the incalculable human toll that this disease inflicts on patients and their loved ones—a toll that strikes communities of color at disproportionately high rates. During National Cancer Control Month, we celebrate the progress made against this disease, and we reaffirm our national commitment to preventing cancer, improving treatments and the delivery of care, and finding a cure. This includes efforts to improve cancer prevention, pro135 STAT. 2590 mote early detection, enhance treatment, and support the needs of cancer survivors and caregivers. This issue is deeply personal for me—and as President, I am committed to ending cancer as we know it. Progress begins with helping people take steps to lower their risk for many kinds of cancer. Tobacco use remains the top cause of cancer deaths in the United States. By helping people quit smoking and limiting exposure to secondhand smoke, we can reduce cancer risk and save lives. Resources to help quit smoking can be found at SmokeFree.gov or by calling 1–800–QUIT–NOW. Eating healthy, getting regular physical activity, limiting alcohol consumption, and reducing sun exposure when the sun is at its peak can also help reduce the risk of getting cancer. My Administration is proud to support efforts like the Centers for Disease Control and Prevention’s National Comprehensive Cancer Control and the National Breast and Cervical Cancer Early Detection Programs, which help Americans in communities throughout the country get recommended cancer screenings. You can read more about these programs at cdc.gov/cancer. My Administration is also a proud supporter of ClinicalTrials.gov, the world’s largest public clinical research database that gives patients, families, health care providers, researchers, and others easy access to information on clinical studies relating to a wide range of diseases and conditions, including cancer. This year also marks the 50th anniversary of the National Cancer Act of 1971. This landmark legislation cemented our Nation’s commitment to cancer research, establishing networks of cancer centers, clinical trials, data collection systems, and advanced research, without which many breakthroughs against cancer in recent years would not have occurred. In addition, the Cancer Moonshot, which former President Obama and I initiated in 2016, accelerated progress in cancer prevention, treatment, and cures, including by funding six Implementation Science Centers in cancer control. These centers were created to expand the use of proven cancer prevention and early detection strategies, especially among underserved, rural, and minority populations, which often have lower rates of cancer screening and thus find cancer at more advanced stages. You can read about these important research programs and breakthroughs by visiting cancer.gov. As part of the Cancer Moonshot, we also established the Oncology Center of Excellence at the Food and Drug Administration to drive faster and better integrated development of drugs, medical devices, and biological and other products to tackle this devastating disease. Find out more at fda.gov. This year, we must be especially mindful of the significant disruptions the COVID–19 pandemic is bringing to cancer care—delaying routine screening, diagnosis, and therapy. I urge Americans not to delay recommended screenings, doctor’s visits, and treatments. Because of the Affordable Care Act, most health insurance plans must cover a set of preventive services with no out-of-pocket costs, including many cancer screenings. In response to the COVID–19 pandemic, my Administration also announced a special enrollment period for the Health Insurance Marketplace, allowing uninsured individuals and families to sign up 135 STAT. 2591 for health coverage and gain these protections through August 15th. I encourage you to visit healthcare.gov to explore your eligibility and get covered today. Our Nation has made extraordinary advances in the fight against cancer. Still, much work remains to be done. We owe it to every person who has lost their battle with this disease, every person living with this disease, and every person who may one day contract it, to continue working tirelessly to defeat it. During National Cancer Control Month, let us renew our efforts to save lives and spare suffering by accelerating our work to end cancer as we know it. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim April 2021 as National Cancer Control Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that will increase awareness of what Americans can do to prevent and control cancer. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10167 March 31, 2021National Child Abuse Prevention Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10167 of March 31, 2021** National Child Abuse Prevention Month, 2021 By the President of the United States of America A Proclamation As we begin to emerge from a year of unprecedented stress and hardship, children and families need our support more than ever. The confluence of a devastating pandemic and the worst economic crisis in nearly a century have increased the risk for child abuse and neglect as Americans grapple with the compounding challenges of school and child care facility closures, social isolation, and increased financial instability. Children and families of color—who so often across our history have been underserved, marginalized, and adversely affected by persistent poverty and inequality—face even greater adversity today as they disproportionately carry the burdens of the COVID–19 crisis. During National Child Abuse Prevention Month, and throughout the entire year, it is imperative that we join together as one Nation to combat child abuse in all of its forms—through neglect, mistreatment, or physical, emotional, or sexual abuse. Community-based child abuse prevention programs are a critical tool for preventing the mistreatment of children and advancing equity. Authorized by Title II of the Child Abuse Prevention and Treatment Act, the purpose of community-based child abuse prevention programs is to support local efforts that strengthen and support families to reduce the likelihood of child abuse. These programs offer comprehensive assistance that improves family stabilization, while also fostering meaningful engagement with diverse populations to promote effective prevention strategies.135 STAT. 2592 Across our country, a vast network of frontline workers, court and legal professionals, faith leaders, volunteers, teachers, and helpful loved ones and neighbors work every day to support the wellbeing of our children. They deserve our recognition and our sincere gratitude, particularly in the midst of this difficult year. Though the pandemic has changed the ways that they interact with the families they serve, they have shown remarkable resilience, and their dedication to preventing child abuse continues to transform lives. We recognize that within the larger context of addressing child abuse, there is a need to specifically address issues of sexual violence against children and adolescents. My Administration is committed to expanding efforts to improve prevention initiatives, enhance trauma-informed responses to assist children and adolescents impacted by sexual violence, and work toward healing and justice. It is an imperative not only in the United States, but also in galvanizing global action to end sexual violence against children and adolescents. National Child Abuse Prevention Month is a time for us to not only honor those who work to support children and strengthen families, but to shine a light on the many ways we can all play a role in preventing children from being harmed. The Prevention Resource Guide, an annual publication by the Department of Health and Human Services, Administration for Children and Families Children’s Bureau outlines actions that can be taken by communities, organizations, families, and individuals to address the root causes of child abuse and provide meaningful and equitable support to families. You can access the Prevention Resource Guide and other resources at the Child Welfare Information Gateway’s Child Abuse Prevention Month website. By increasing efforts to prevent child abuse, we will help children, families, and communities thrive. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as National Child Abuse Prevention Month. I call upon all Americans to protect our Nation’s greatest resource—its children—and to take an active role in supporting children and parents and creating safe communities filled with thriving families. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10168 March 31, 2021National Donate Life Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10168 of March 31, 2021** National Donate Life Month, 2021 By the President of the United States of America A Proclamation April is National Donate Life Month, a time for all Americans to celebrate the generosity of those who have saved lives by becoming organ, eye, tissue, marrow, and blood donors—and to encourage more Ameri135 STAT. 2593 cans to follow their example. We also honor the families and friends of donors who have supported their loved one’s decision to donate, as well as the caring and committed professionals who serve the transplantation community. This month-long observance also encompasses National Pediatric Transplant Week from April 18–24, a week dedicated to ending the pediatric transplant waiting list. Despite the extraordinary challenges of the COVID–19 pandemic, 2020 saw organ transplants from deceased donors set an annual record for the 10th consecutive year—a testament to Americans’ generosity and selflessness even in times of unbearable loss. Thanks to the resilience of our organ donation and transplantation professionals and the caring nature of the American people, more than 39,000 life-saving or life-enhancing organ transplants were performed in the United States last year from both living and deceased donors. While thousands of Americans receive the gift of life each year through organ transplantation, the number of people in need of life-saving organs remains staggeringly high. There are more than 107,000 people currently on the national transplant waiting list, and another person is added every nine minutes. Sadly, the waiting list currently contains more than 1,900 children under the age of 18 who are awaiting a life-saving organ transplant. While very small children most often must receive donations from other young children due to size constraints, older children and adults can often match. In many cases, that means generous American adults can contribute to our goal of ending the pediatric transplant waiting list. Current statistics show that Americans belonging to minority groups make up nearly 60 percent of those waiting for an organ transplant. Although a transplant can be successful regardless of the race or ethnicity of the donor and recipient, there is a greater chance of longer-term survival for the recipient if the genetic background of the donor and recipient are closely matched. Americans from every community are needed to help make a life-saving difference. Nearly 18,000 people are diagnosed each year with illnesses for which blood stem cell transplantation—requiring marrow or cord blood—is the best treatment option. Over 65 percent of these individuals require donors from outside their own family. Although some 30 million adults are currently registered as blood stem cell donors, many individuals still have difficulty finding a suitably matched donor, meaning that we need many more registrants to fill this life-saving need. Every day, 17 people in America die while waiting for a transplant. Yet, all of us have the power to help: one donor can save up to eight lives through organ donation, and can improve another 75 lives through eye and tissue donation. If you have not signed up as an organ donor, we need your help to fill the gap between the availability of organs and people who need them. I encourage all Americans to give hope to those awaiting a match by visiting organdonor.gov for organ, eye, and tissue donation, and bloodstemcell.hrsa.gov for marrow donation. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as National Donate Life Month. I call upon every person to share the gift 135 STAT. 2594 of life and hope with those in need of a life-saving or life-enhancing transplant by becoming organ, eye, tissue, marrow, and blood donors. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10169 March 31, 2021National Financial Capability Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10169 of March 31, 2021** National Financial Capability Month, 2021 By the President of the United States of America A Proclamation My Administration is working hard to help Americans overcome the financial impact of COVID–19 and the deep-rooted inequities in our society that have greatly limited the economic prosperity of too many Americans. Given the disproportionate impact the pandemic is having on minority and low-income communities, a concerted effort by the Federal Government is necessary for recovery and building back a better economy. Financial education that builds financial capability helps families receive assistance, build resilience, and benefit from a stronger and more equitable economy. April is recognized as National Financial Capability Month to highlight the value of high-quality financial education to improving Americans’ financial capability. The Financial Literacy and Education Commission, a 23-member body of Federal agencies, chaired by the Secretary of the Treasury, was created to coordinate and improve financial education for all Americans. Its members are helping address the financial challenges our country faces as a result of the COVID–19 pandemic. Agencies are reaching American families with critical assistance and information on home mortgage forbearance, student loan repayment relief, unemployment assistance, and economic impact payments. Federal agencies are also alerting the public about scams, bogus investments, and other ways bad actors have tried to take advantage of people during this crisis. High-quality financial education should build on and respond to people’s individual strengths, circumstances, and needs in order to help them work toward their own unique goals. Yet such high-quality financial education has not historically reached all Americans, especially our most underserved low-income and minority communities. This month, all financial educators in Federal, State, local, and Tribal governments, schools, and private sector organizations should recognize the systemic disparities in our society that have acted as barriers to financial well-being for too many families. They should redouble their efforts to better understand and effectively serve historically underserved people and communities, including people of color, low-income individuals, and persons with disabilities. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as National Financial Capability Month. I call upon all Americans 135 STAT. 2595 to observe this month by understanding barriers to financial well-being, and taking action to build their own financial capability and assist others to do so. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10170 March 31, 2021National Sexual Assault Prevention and Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10170 of March 31, 2021** National Sexual Assault Prevention and Awareness Month, 2021 By the President of the United States of America A Proclamation Sexual assault, at its core, is a devastating abuse of power—one that affects people of every age, race, sex, gender identity, sexual orientation, national origin, socioeconomic background, and religion. It is the responsibility of each of us to stand up and speak out against it, not only to improve the laws and services available to survivors, but also to change the culture and attitudes that allow sexual assault to proliferate. Together, we must work toward a society that upholds every person’s right to live free from sexual violence—where our institutions and communities commit to preventing sexual assault and sexual harassment, supporting survivors, and holding offenders accountable. The pandemic has exacerbated the already harrowing challenges facing sexual assault survivors by making it more difficult or risky for them to seek help. Victims may be reluctant to go to the hospital for a medical forensic exam because of the risk of COVID–19 exposure; rape crisis centers and other social service providers have struggled to maintain their services while adopting necessary public health protocols; and survivors are often isolated from loved ones, friends, or co-workers who might be in the best position to provide support. As we race to stop the spread of this devastating virus, we must strengthen our efforts to support sexual assault survivors whose suffering may be compounded by this pandemic, as well as by the economic crisis that has further undermined their economic security and taken a toll on service providers. We also must recognize that sexual assault was already a public health crisis even before the pandemic struck. According to the National Intimate Partner and Sexual Violence Survey, done by the CDC, one in five women has been a victim of a completed or attempted rape at some point in her lifetime. Research has revealed a strong link between sexual violence and chronic disease, as well as greater long-term economic burdens on survivors of sexual assault. The trauma of assault is further compounded by the high costs of medical and mental health care, navigating the criminal justice system, and lost productivity. My Administration stands with survivors, and is committed to alleviating the public health crisis of sexual assault. As part of the Amer135 STAT. 2596 ican Rescue Plan (ARP), we included $450 million in supplemental funding for domestic violence and sexual assault services, including rape crisis centers. Recognizing the added barriers faced by survivors from historically marginalized communities—particularly survivors who are Black, Indigenous, Latino, Asian Americans and Pacific Islanders and other people of color—the ARP includes new funding to support community-based organizations to provide culturally-specific services for survivors of sexual assault and domestic violence. I am also proud to have created the first-ever White House Gender Policy Council, through an Executive Order that I signed on International Women’s Day. In addition to its work to bring a whole-of-government approach to gender equity in every policy we pursue, this Council will help coordinate Federal agencies to develop a National Action Plan to End Gender-Based Violence. I have also established an independent review commission that will provide recommendations to help guide the development of new policies and enforcement measures in keeping with my Administration’s unwavering commitment to improving the response to, and prevention of, sexual assault and sexual harassment in the military. To strengthen our national commitment to end gender-based violence, we must also renew and further improve the Violence Against Women Act (VAWA). Writing and championing the passage of VAWA as a Senator is one of my proudest legislative accomplishments—it is a law that has transformed the way our country responds to sexual assault and intimate partner violence. With each reauthorization, I have worked with the Congress to expand VAWA’s provisions on a bipartisan basis to improve protections, including for Native American women, the lesbian, gay, bisexual, and transgender community, as well as immigrant survivors and survivors from communities of color and other underserved groups. I applaud the House of Representatives for recently passing the Violence Against Women Reauthorization Act of 2021 with bipartisan support, and I urge the Senate to follow their lead to renew and strengthen this landmark law immediately. Through this legislation, we can continue to support Federal programs with a proven track record of helping survivors heal, strengthen the coordinated community response, improve the response of the criminal justice system, and provide additional pathways to safety by supporting innovative programs and prevention efforts. We have made important strides thanks to courageous survivors and dedicated advocates. This month, we honor the strength and resilience of sexual assault survivors, and we recommit ourselves to standing with them for safety, dignity, and justice. There is still much work to do, and it will take all of us to do it. This year’s Sexual Assault Awareness and Prevention Month is an opportunity for every person, employer, school, sports team, faith-based organization, and institution to come together and commit to being part of the solution. We must rededicate ourselves to creating a society where sexual violence—including sexual assault and sexual harassment—is not tolerated, where survivors are supported, and where all people have an opportunity to thrive without fear of abuse or assault. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as National Sexual Assault Awareness and Prevention Month. I 135 STAT. 2597 urge all Americans to support victims when they reach out and disclose abuse. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10171 March 31, 2021Second Chance Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10171 of March 31, 2021** Second Chance Month, 2021 By the President of the United States of America A Proclamation America’s criminal justice system must offer meaningful opportunities for redemption and rehabilitation. After incarcerated individuals serve their time, they should have the opportunity to fully reintegrate into society. It benefits not just those individuals but all of society, and it is the best strategy to reduce recidivism. During Second Chance Month, we lift up all those who, having made mistakes, are committed to rejoining society and making meaningful contributions. My Administration is committed to a holistic approach to building safe and healthy communities. This includes preventing crime and providing opportunities for all Americans. It also requires rethinking the existing criminal justice system—whom we send to prison and for how long; how people are treated while incarcerated; how prepared they are to reenter society once they have served their time; and the racial inequities that lead to the disproportionate number of incarcerated Black and Brown people. We must commit to second chances from the earliest stages of our criminal justice system. Supporting second chances means, for example, diverting individuals who have used illegal drugs to drug court programs and treatment instead of prison. It requires eliminating exceedingly long sentences and mandatory minimums that keep people incarcerated longer than they should be. It means providing quality job training and educational opportunities during incarceration to prepare individuals for the 21st century economy. And it means reinvesting the savings from reduced incarceration into reentry programs and social services that prevent recidivism and leave us all better off. More than 600,000 individuals return to their communities from State and Federal prisons every year. Transitioning back into society can be overwhelming for those who are formerly incarcerated as well as their families and communities. Too many individuals face unfair legal and practical barriers to reentry. The reentry process is complicated in the best of times, and is even more so with the additional difficulties presented by the COVID–19 pandemic. We must remove these barriers. Every person leaving incarceration should have housing, the opportunity at a decent job, and health care. A person’s conviction history should not unfairly exclude them from employment, occupational licenses, access to credit, public benefits, or 135 STAT. 2598 the right to vote. Certain criminal records should be expunged and sealed so people can overcome their past. By focusing on prevention, reentry, and social support, rather than incarceration, we can ensure that America is a land of second chances and opportunity for all people. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as Second Chance Month. I call upon all government officials, educators, volunteers, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of March, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10172 April 1, 2021World Autism Awareness Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10172 of April 1, 2021** World Autism Awareness Day, 2021 By the President of the United States of America A Proclamation On World Autism Awareness Day, we celebrate the countless ways that people with autism contribute to our families, our communities, our Nation, and the world, and we shine a light on the systemic barriers people with autism face in their daily lives. More than 2 percent of American adults and 1 in every 54 of our children have autism—a community of millions who deserve to live full lives of dignity and respect. My Administration is committed to funding cutting-edge research to help us to better understand autism and related health conditions in order to improve quality of life for people with autism and their families in every community. Recent Government initiatives have focused on detecting autism in the first year of life, funding new national research networks to improve our knowledge of autism, and advancing services and support to help Americans with autism live independently in their communities. A recent apprenticeship initiative from the Department of Labor seeks to open up career pathways for people with autism and other developmental disabilities in thriving fields like information technology and health care. Investments like these and others that we continue to pursue are critical to expanding possibilities and improving life for all people with autism. Meanwhile, agencies across the Federal Government are working to protect the rights of all people with disabilities—including people with autism—while also advancing equity when it comes to accessing vital services and supports. Our research agencies are working to reduce barriers in access to early diagnoses, interventions, and services for people with autism—including those from diverse racial, ethnic, and cultural backgrounds and rural communities—and to incorporate the 135 STAT. 2599 perspectives of individuals with autism in scientific research. For too long, disparities in access to health care, education, and services have placed an undue burden on individuals with disabilities and their loved ones, particularly those from underserved communities. My Administration is committed to addressing these inequities in partnership with the Interagency Autism Coordinating Committee and the National Autism Coordinator of the Department of Health and Human Services. We also recognize that the COVID–19 pandemic has caused unique disruptions to, and placed new strains on, the lives of individuals with autism and their families. All Americans should be grateful for the creativity and dedication of educators, health care providers, and others who have rapidly adapted to the limitations of the pandemic by offering virtual learning, telehealth appointments, and other remote services. My Administration is working tirelessly to get America vaccinated, get our children safely back in school, and deliver direct economic relief to families across the country in order to end this year of disruption and alleviate as much of the burden as possible. In addition, agencies including the Centers for Disease Control and Prevention, the National Institutes of Health, and the Department of Education are hard at work developing data-driven guidance to help people with disabilities and their families mitigate the far-reaching effects of the pandemic. Today, we honor those with autism and recommit ourselves to providing them and their families with the investment, support, and care they need to live independently, fully participate in their communities, and live fulfilling lives of dignity and opportunity. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2, 2021, as World Autism Awareness Day. I call upon all Americans to learn more about autism to improve early diagnosis, to learn more about the experiences of autistic people from autistic people, and to build more welcoming and inclusive communities to support people with autism. IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10173 April 2, 2021Days of Remembrance of Victims of the Holocaust, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10173 of April 2, 2021** Days of Remembrance of Victims of the Holocaust, 2021 By the President of the United States of America A Proclamation On Yom HaShoah—Holocaust Remembrance Day—we stand in solidarity with the Jewish people in America, Israel, and around the world to remember and reflect on the horrors of the Holocaust. An estimated six million Jews perished alongside millions of other innocent victims—Roma and Sinti, Slavs, disabled persons, LGBTQ+ individuals, 135 STAT. 2600 and others—systematically murdered by the Nazis and their collaborators in one of the cruelest and most heinous campaigns in human history. We honor the memories of precious lives lost, contemplate the incomprehensible wound to our humanity, mourn for the communities broken and scattered, and embrace those who survived the Holocaust—some of whom are still with us today, continuing to embody extraordinary resilience after all these years. Having borne witness to the depths of evil, these survivors remind us of the vital refrain: “never again.” The history of the Holocaust is forever seared into the history of humankind, and it is the shared responsibility of all people to ensure that the horrors of the Shoah can never be erased from our collective memory. It is painful to remember. It is human nature to want to leave the past behind. But in order to prevent a tragedy like the Holocaust from happening again, we must share the truth of this dark period with each new generation. All of us must understand the depravity that is possible when governments back policies fueled by hatred, when we dehumanize groups of people, and when ordinary people decide that it is easier to look away or go along than to speak out. Our children and grandchildren must learn where those roads lead, so that the commitment of “never again” lives strongly in their hearts. I remember learning about the horrors of the Holocaust from my father when I was growing up, and I have sought to impart that history to my own children and grandchildren in turn. I have taken them on separate visits to Dachau, so that they could see for themselves what happened there, and to impress on them the urgency to speak out whenever they witness anti-Semitism or any form of ethnic and religious hatred, racism, homophobia, or xenophobia. The legacy of the Holocaust must always remind us that silence in the face of such bigotry is complicity—remembering, as Rabbi Abraham Joshua Heschel wrote, that there are moments when “indifference to evil is worse than evil itself.” Those who survived the Holocaust are an inspiration to every single one of us. Yet they continue to live with the unique mental and physical scars from the unconscionable trauma of the Holocaust, with many survivors in the United States living in poverty. When I served as Vice President, I helped secure Federal funding for grants to support Holocaust survivors—but we must do more to pursue justice and dignity for survivors and their heirs. We have a moral imperative to recognize the pain survivors carry, support them, and ensure that their memories and experiences of the Holocaust are neither denied nor distorted, and that the lessons for all humanity are never forgotten. Holocaust survivors and their descendants—and each child, grandchild, and great-grandchild of those who lost their lives—are living proof that love and hope will always triumph over murder and destruction. Every child and grandchild of a survivor is a testament to resilience, and a living rebuke to those who sought to extinguish the future of the Jewish people and others who were targeted. Yom HaShoah reminds us not only of the Jewish victims of the Holocaust, but also reinforces our ongoing duty to counter all forms of dehumanizing bigotry directed against the LGBTQ+, disability, and other marginalized communities. While hate may never be permanently defeated, it must always be confronted and condemned. When we recog135 STAT. 2601 nize the fundamental human dignity of all people, we help to build a more just and peaceful world. In the memory of all those who were lost, and in honor of all those who survived, we must continue to work toward a better, freer, and more just future for all humankind. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 4 through April 11, 2021, as a week of observance of the Days of Remembrance of Victims of the Holocaust, and call upon the people of the United States to observe this week and pause to remember victims and survivors of the Holocaust. IN WITNESS WHEREOF, I have hereunto set my hand this second day of April, two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10174 April 2, 2021Honoring United States Capitol Police Officers GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10174 of April 2, 2021** Honoring United States Capitol Police Officers By the President of the United States of America A Proclamation As a sign of respect for the service and sacrifice of the victims of the attack at the United States Capitol on Friday, April 2, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, April 6, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this second day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10175 April 5, 2021National Public Health Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10175 of April 5, 2021** National Public Health Week, 2021 By the President of the United States of America A Proclamation National Public Health Week has increased significance this year, as our Nation mourns the loss of more than half a million lives to 135 STAT. 2602 COVID–19, and as we have come to recognize just how essential our public health efforts and public health workers truly are. Whether it is the scientists and researchers who developed life-saving vaccines in record time; or local leaders who have taken evidence-based action to keep their communities safe; or the staff and volunteers who have worked to slow the spread of the virus through testing, case investigation, and contact tracing; or the doctors, nurses, and clinicians who continue to provide around-the-clock care to those who have fallen ill, dedicated public health professionals on the front lines of our response to COVID–19 deserve our gratitude. During National Public Health Week, we ask everyone to come together to help restore the health of our Nation. Every American can do their patriotic duty for their neighbors, their loved ones, and our country by continuing to wear masks as recommended by the Centers for Disease Control and Prevention, practicing physical distancing, getting the COVID–19 vaccine when it is their turn, and by expressing gratitude to public health professionals who are seeing us through this crisis and who are building a more robust, comprehensive, and equitable public health system for all. While defeating the coronavirus is our top public health priority, our Nation must also focus on improving our overall health and wellbeing. Greater health is good for us all, and it will bolster our national resilience in the face of new and existing threats. The United States must prioritize and continually invest in our public health system to aggressively address health disparities that have been exposed and worsened by COVID–19. We must also address the environmental and climate factors—air and water pollution, extreme weather, and climate-related disaster events—that threaten public health in communities nationwide. The American Jobs Plan will help to achieve these goals, including by ensuring that children who live along highways and fence lines of industrial facilities will breathe easier because of significant investments in clean energy and infrastructure that promotes public health. Our Nation must also take commonsense steps to address the gun violence public health epidemic, including actions to counter the historic spike in homicides occurring in cities across the country and disproportionately affecting Black and brown Americans. Only by addressing the root causes of health inequity can we build a fairer, stronger, more dependable health system for all Americans. My Administration is committed to investing in our public health system to not only defeat the pandemic, but also to build a stronger public health system that allows us to be ready for the next virus. The American Rescue Plan provides critical funding to increase the number of vaccination sites, which will help us get Americans vaccinated more quickly so that we can get back to our lives and loved ones. The law also invests in COVID–19 containment measures such as testing and contact tracing, funds our efforts to strengthen domestic supply chains for critical medical equipment, and makes health insurance more affordable and accessible for millions of Americans. Finally, the law invests in crucial measures like air quality monitoring, water and sewer infrastructure, and brownfield remediation so that Americans in every community can live in a healthy environment. The American Rescue Plan does more than put checks in Americans’ pockets—it provides assistance to help stabilize State, local, Tribal, and territorial budgets and keep vital public health services running. 135 STAT. 2603 It provides the resources schools need to reopen safely, allowing students to return to the classroom and alleviating the negative health effects that come from isolation, changes in routines, and loss of learning. The American Rescue Plan will also mobilize a generation of future leaders to serve in an enhanced public health workforce, increasing our long-term public health capacity. This law also provides much-needed help to nearly 1,400 Community Health Centers that serve our most vulnerable populations, who are at the highest risk of infection and adverse outcomes from COVID–19. As we continue working tirelessly to defeat the pandemic and build a stronger public health system for the future, I ask every American to mark National Public Health Week by remembering all those who give their time, expertise, and care—and even put their lives on the line—in service of a healthier, safer, and stronger America for all of us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 5 through April 11, 2021, as National Public Health Week. I call on all citizens, government agencies, private businesses, non-profit organizations, and other groups to join in activities and take action to improve the health of our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10176 April 9, 2021National Former Prisoner of War Recognition Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10176 of April 9, 2021** National Former Prisoner of War Recognition Day, 2021 By the President of the United States of America A Proclamation Throughout our Nation’s history, those who have served in our Armed Forces have steadfastly stood in defense of the United States and of freedom throughout the world. Although countless courageous service members and civilians have given their lives for our Nation, more than half a million others have sacrificed their own freedom as prisoners of war so the cause of liberty always prevails. Enduring with limitless dignity and determination, these former prisoners of war are a powerful reminder that their indomitable spirit could not be broken, even by brutal treatment in contravention of international law and morality. Despite the terrible suffering inflicted upon them by their captors in harsh prisons and camps in Europe and Asia, American prisoners of war steadfastly demonstrated their devotion to duty, honor, and country. On this day and every day, let us honor all who have borne the hardships of captivity in service to our Nation, remember the brave men and women who were held as prisoners in foreign lands during our Nation’s past conflicts, and recognize those at home who anxiously 135 STAT. 2604 awaited their loved ones’ return. Their faith in God, love of family, and trust in our Nation are an inspiration to all Americans, and we will always remember their sacrifices. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 9, 2021, as National Former Prisoner of War Recognition Day. I call upon all Americans to observe this day by honoring the service and sacrifice of all former prisoners of war as our Nation expresses its eternal gratitude for their sacrifice. I also call upon Federal, State, and local government officials and organizations to observe this day with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10177 April 11, 2021National Fair Housing Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10177 of April 11, 2021** National Fair Housing Month, 2021 By the President of the United States of America A Proclamation Exactly 1 week after the assassination of Dr. Martin Luther King, Jr., struck at the soul of our Nation, President Lyndon B. Johnson signed a landmark piece of legislation—an enduring testament to the ideals of Dr. King that enshrined a portion of his legacy in the lives and laws of the American people. Fifty-three years later, the Fair Housing Act still serves as a powerful statement about who we are as a people: the values of equality, equity, and dignity that we strive to uphold, and the places where we still have work to do to fulfill our full promise as a Nation. The purpose of the Fair Housing Act was to put an end to inequities in our housing system and eliminate racial segregation in American neighborhoods—and guarantee that all people in America have the right to obtain the housing of their choice, free from discrimination. The law prohibits discrimination in the sale, rental, and financing of housing, and requires Federal, State, and local governments to proactively dismantle the discriminatory structures that held back people of color and other underserved populations from equitable access to the neighborhoods of their choice. By helping to create a fairer housing system, the law seeks to do more than just open up American neighborhoods to all Americans. Access to quality housing is about more than having a roof over your head—it is the foundation for achieving better educational, employment, and health outcomes, as well as one of the most important ways that families build wealth that they can pass along across the generations. The Fair Housing Act was created at a time when Federal and State policies held that dream at arm’s length from far too many Black, Brown, Na135 STAT. 2605 tive, and Asian American families through the insidious practices of redlining and lending discrimination. Over the course of 53 years, the law has made a world of difference in the lives of countless families and communities. We have also improved upon it through the years; as a Senator, I was proud to co-sponsor the 1988 Fair Housing Act amendments that extended the law’s protections to Americans with disabilities and families with children, and just 2 months ago my Administration issued a rule change to ensure that the law finally guards against discrimination targeting LGBTQ+ Americans. But the truth of the matter is that we have not fully achieved the goals of the Fair Housing Act—we still have so much work to do. Many of our neighborhoods remain as segregated today as they were in the middle of the 20th century, and the racial wealth gap is wider now than it was when the Fair Housing Act was passed. Though our Nation has come a long way in many regards, our promise will not be fulfilled as long as anyone in America is denied a good home or a fair shot because of who they are. It is our shared duty to work together to ensure that every person has equitable access to all of the opportunities our communities provide—and that no one faces barriers to getting a good education, having quality health care, eating healthy food, or finding stable employment that allows their family to thrive solely because of where they live. This is a moral responsibility that cannot wait, particularly at a time when the COVID–19 pandemic has further highlighted and exacerbated the lack of safe, affordable places to live for far too many people in America. To affirm equal opportunity as the bedrock of our democracy—and to enlist the entire Federal Government to address entrenched disparities in our laws, public policies, and institutions—I signed an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government on my first day in office. To ensure that the Federal Government continues to prioritize the right to fair housing and actively enforce our Federal civil rights laws, I also signed a Presidential Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies during my first week as President. My Administration will continue our efforts to close persistent racial gaps in wages, housing, credit, lending opportunities, and access to higher education—gaps that, if closed, would add an estimated $5 trillion in gross domestic product in the American economy over the next 5 years. We are committed to doing all we can to end unlawful housing discrimination and advance equity for all underserved populations, fulfill the full promise of the Fair Housing Act, and put the American dream within reach of all Americans. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2021 as National Fair Housing Month. I call upon the people of this Nation to help secure freedom and justice for every American by taking action to fulfill the promise made by the Fair Housing Act to ensure everyone has free and fair housing choice. IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of April, in the year of our Lord two thousand twenty-one, and of 135 STAT. 2606 the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10178 April 13, 2021Black Maternal Health Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10178 of April 13, 2021** Black Maternal Health Week, 2021 By the President of the United States of America A Proclamation In the United States of America, a person’s race should never determine their health outcomes, and pregnancy and childbirth should be safe for all. However, for far too many Black women, safety and equity have been tragically denied. America’s maternal mortality rates are among the highest in the developed world, and they are especially high among Black mothers, who die from complications related to pregnancy at roughly two to three times the rate of white, Hispanic, Asian American, and Pacific Islander women—regardless of their income or education levels. This week, I call on all Americans to recognize the importance of addressing the crisis of Black maternal mortality and morbidity in this country. Ensuring that all women have equitable access to health care before, during, and after pregnancy is essential. The Biden-Harris Administration is committed to addressing these unacceptable disparities, and to building a health care system that delivers equity and dignity to Black, Indigenous, and other women and girls of color. Health care is a right, not a privilege, and our country needs a health care system that works for all of us. That is something both Vice President Harris and I have fought for throughout our careers. As a Senator, Vice President Harris was a champion of Black maternal health, introducing legislation to close gaps in access to quality maternal care and educate providers about implicit bias. And during my time as Vice President, I fought for the Affordable Care Act and to strengthen Medicaid, both of which ensure access to critical services to support maternal health. Within just a few years of the Affordable Care Act’s passage, Black uninsured rates dramatically declined—a key factor in ensuring better maternal health outcomes—as did the persistent health insurance coverage gap between Black and white Americans, which fell by more than 40 percent in the wake of the law’s implementation. As we fight to bring an end to the COVID–19 crisis, we will continue to make quality health care more accessible and affordable for all Americans, as we did through the passage of the landmark American Rescue Plan. We will also work to ensure that everyone—including hospitals, insurance plans, and health care providers—do their part to provide every American with quality, affordable, and equitable care. Vice President Harris and I are committed to pursuing systemic policies that provide comprehensive, holistic maternal health care that is free from bias and discrimination. The morbidity and mortality disparities that Black mothers face are not the results of isolated incidents. Our Nation must root out systemic racism everywhere it exists, including by addressing unequal social determinants of health that often con135 STAT. 2607 tribute to racial disparities such as adequate nutrition and housing, toxin-free environments, high-paying job sectors that provide paid leave, and workplaces free of harassment and discrimination. Addressing systemic barriers across the board will improve outcomes for Black mothers and their families, and make our entire country stronger, healthier, and more prosperous. At the same time, the United States must also grow and diversify the perinatal workforce, improve how we collect data to better understand the causes of maternal death and complications from birth, and invest in community-based organizations to help reduce the glaring racial and ethnic disparities that persist in our health care system. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 11 through April 17, 2021, as Black Maternal Health Week. I call upon all Americans to raise awareness of the state of Black maternal health in the United States by understanding the consequences of systemic discrimination, recognizing the scope of this problem and the need for urgent solutions, amplifying the voices and experiences of Black women, families, and communities, and committing to building a world in which Black women do not have to fear for their safety, their wellbeing, their dignity, and their lives before, during, and after pregnancy. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10179 April 13, 2021Pan American Day and Pan American Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10179 of April 13, 2021** Pan American Day and Pan American Week, 2021 By the President of the United States of America A Proclamation One hundred and thirty-one years ago, our hemisphere formed the International Union of American Republics—the oldest regional international organization in the world, and the precursor to the modern-day Organization of American States. On this Pan American Day and Pan American Week, we reaffirm the strength of our regional community, celebrate the democratic principles that unite us, and resolve to work together to overcome the common challenges before us. So many of the greatest challenges facing us today are not confined to our respective national boundaries. The global COVID–19 crisis has laid bare persistent inequalities in our societies and structural weaknesses in our economies. Climate change poses an urgent national security threat that is hurting communities throughout the region today and jeopardizing future generations. We are witnessing a humanitarian crisis and mass displacement in Venezuela that is among the worst in history. Violence and endemic corruption, particularly in Central 135 STAT. 2608 America, are causing desperate people to uproot their lives and families in hopes of a better future elsewhere. No nation can address today’s challenges alone or hide from them behind walls. A secure, economically prosperous, and democratic hemisphere is overwhelmingly in the economic and national security interest of the United States and the entire Pan American region. Moreover, it is within our capacity to reach that future if we rally together and unite around principled and democratic leadership—anchored in the rule of law. The people of our hemisphere want governments that are accountable to voters and deliver real benefits: good-paying jobs that allow hard-working people to provide for their families, education for their children, security in their communities, and a future where equal opportunity and fundamental human and political rights are guaranteed to all people. This year, as we mark the 20th anniversary of the Inter-American Democratic Charter, each of our governments has an obligation to renew, promote, and defend that groundbreaking commitment we made—that all people who call the Americas home have a right to democracy. The Democratic Charter remains at the core of our hemispheric union, working through the Organization of American States, to advance a bold and determined vision of a region whose governments honor and respect democratic values, human rights, fundamental freedoms, and the inherent dignity of each individual. During this Pan American Day and Pan American Week, we celebrate our unity and cooperation—and resolve to work together to overcome the challenges ahead of us and build a better world. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 14, 2021, as Pan American Day and April 11 through April 17, 2021, as Pan American Week. I urge the Governors of the 50 States, the Governor of the Commonwealth of Puerto Rico, and the officials of the other areas under the flag of the United States of America to honor these observances with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10180 April 13, 2021160th Anniversary of the Unification of Italy and the Establishment of United States-Italy Diplomatic Relations GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10180 of April 13, 2021** 160th Anniversary of the Unification of Italy and the Establishment of United States-Italy Diplomatic Relations By the President of the United States of America A Proclamation Today we commemorate over 160 years since the unification of Italy as a single state and the establishment of United States-Italy diplomatic relations. Our nations share a deep and enduring friendship, bolstered by the bonds of family and culture that tie our peoples together. It is a particularly meaningful relationship for the millions of proud Americans who trace their ancestry to Italy, including my wife Jill. On this anniversary, we celebrate the long-standing partnership we have with Italy, including our commitment in the post-World War II era to enhance our mutual prosperity and security and to advance our core democratic values, including human rights. This is also a moment to reaffirm the willingness of the United States and Italy to meet the challenges of the future together. We are steadfast NATO Allies and anchors of the trans-Atlantic partnership. Italy is a leader in peacekeeping missions and security operations around the world. As we strive together to overcome new challenges, from defeating the COVID–19 pandemic and fueling an equitable global economic recovery to meeting the existential threat of climate change, the United States and Italy remain close friends and vital allies. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 13 as a day to celebrate over 160 years since the unification of Italy and the establishment of United States-Italy diplomatic relations. I encourage all Americans to honor the enduring friendship between the people of Italy and the people of the United States. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10181 April 16, 2021Honoring the Victims of the Tragedy in Indianapolis, Indiana GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10181 of April 16, 2021** Honoring the Victims of the Tragedy in Indianapolis, Indiana By the President of the United States of America A Proclamation As a mark of respect for the victims of the senseless acts of violence perpetrated on April 15, 2021, in Indianapolis, Indiana, by the authority vested in me as President of the United States by the Constitution 135 STAT. 2610 and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, April 20, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10182 April 16, 2021National Crime Victims’ Rights Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10182 of April 16, 2021** National Crime Victims’ Rights Week, 2021 By the President of the United States of America A Proclamation Millions of people in the United States are victims of crime every year. Some endure horrific acts of violence, some have personal possessions damaged or stolen, and others are defrauded or exploited financially. Whatever the crime, many victims lose something that can never be fully recovered: a sense of trust and safety. Yet we find inspiration and hope in their stories of triumph over adversity and resilience in the wake of tragedy. During this 40th National Crime Victims’ Rights Week, we support crime victims throughout the United States and the many dedicated people who serve them. The Biden-Harris Administration recognizes that true justice requires that victims get the support and assistance they need. Today, victims have access to quality services in their communities through the more than 7,000 local programs funded by the Federal Crime Victims Fund, as well as from other sources of Federal funding, including supplemental funding for victim services in the American Rescue Plan. In spite of this network of support, persistent barriers still prevent many victims from obtaining the support and services they need and the justice they deserve. Fewer than half of violent victimizations are reported to police, and research shows that even fewer reports of rapes or sexual assaults are brought to the attention of law enforcement. There are a variety of reasons why many victims of crime are less likely to report a crime, including fear of negative interactions with law enforcement or the criminal justice system, which disproportionately impacts victims from communities of color. Together, we must commit to the accountability and reform necessary to build trust, increase access to services, and improve public safety. We must also listen to the voices of those who have experienced gun violence. Gun violence not only impacts its victims, but also their families, friends, colleagues, first responders, and local communities. These brave voices—along with the majority of gun-owners who sup135 STAT. 2611 port commonsense measures to keep our communities safe—are speaking up and speaking out for public policy that will put a stop to the violence. My Administration is committed to doing everything we can to end the epidemic of gun violence. Supporting crime victims is part of a larger effort to advance equity and fairness in our society. The Office for Victims of Crime at the Department of Justice is investing in efforts to improve access to services and safety for victims and communities that have been historically marginalized and underserved, as well as support community initiatives to prevent violence. My Administration is taking action to address the surge in anti-Asian violence and harassment, including efforts to prevent hate crimes and build trust with law enforcement. My Administration is also working closely with Tribal governments to help victims in American Indian and Alaska Native communities, and supporting community-driven efforts to reach victims of hate crimes. Every crime victim deserves justice and the assurance that their safety, wellbeing, and welfare will be protected. We must work together to prevent crimes and ensure that all victims have a place to turn, and the support they need to recover. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 18 through April 24, 2021, as National Crime Victims’ Rights Week. I call upon all Americans to observe this week by participating in events that raise awareness of victims’ rights and services and by volunteering to serve victims in need. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10183 April 16, 2021National Volunteer Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10183 of April 16, 2021** National Volunteer Week, 2021 By the President of the United States of America A Proclamation We are living in a moment that calls for hope and light and love. Hope for our futures, light to see our way forward, and love for one another. Volunteers provide all three. Service—the act of looking out for one another—is part of who we are as a Nation. Our commitment to service reflects our understanding that we can best meet our challenges when we join together. This week, we recognize the enduring contributions of our Nation’s volunteers and encourage more Americans to join their ranks. The tremendous power of volunteers and volunteerism has been on dramatic display in our response to the COVID–19 pandemic. All across the country, retired doctors and nurses, students and veterans, personnel from across the Federal Government, and countless others 135 STAT. 2612 have given their time and talent to administer vaccines, staff vaccination centers, boost testing, tracing, and other life-saving public health measures, and provide food, water, and other necessities to those at heightened risk so they can remain safely at home. Volunteers of all ages and walks of life have stepped forward in other ways to meet this moment. When a severe winter storm left millions without power in Texas and wildfires ravaged our Western States, neighbors from near and far provided food, shelter, and support. Throughout this unprecedented year, people across America have given help and hope by checking on isolated seniors, helping the jobless, and tutoring students to help them stay on track in school. Their compassion reminds us that even in our darkest hours, Americans look out for one another. To meet the unprecedented challenges of today and build back better for tomorrow, we must unite around a renewed commitment to service and to civic duty. As we work to defeat the pandemic, strengthen our economy, address racial inequity, and tackle the climate crisis, we need more Americans to get involved. Government cannot do the job alone, but government—working together with nonprofits and community organizations, the private sector, and the American people—can make our country stronger, more prosperous, and ready for the future. When more Americans step forward to serve, it renews our sense of community and strengthens our democracy. Acts of service unite people from different backgrounds and allow us to truly see and hear one another. By helping others, volunteers also help themselves. They learn new skills, expand their professional networks, connect with neighbors, and experience the satisfaction that comes from serving a larger cause. Service can provide a pathway to employment, education, and other career-building opportunities. As we reopen our economy and build back better, volunteerism can help the unemployed find work and make our communities more resilient and prepared. The Biden-Harris Administration is committed to expanding service opportunities for Americans, including opportunities that enable us to confront the toughest challenges faced by our Nation. The American Rescue Plan includes a historic investment in AmeriCorps to make national service more accessible. We seek to enable more service members and volunteers to support vaccination efforts, tackle the growing hunger crisis, address learning loss, and meet other critical community needs. During National Volunteer Week, we celebrate the millions of Americans who volunteer and encourage more to follow their path. Every American has something to give. No matter your age, background, or where you come from, you can have an impact through service. Vice President Harris and I salute every American who takes time to help their neighbors, and we applaud the extraordinary faith-based, nonprofit, national service, military service, and community organizations that make this service possible. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 18 through April 24, 2021, as National Volunteer Week. I call upon all 135 STAT. 2613 Americans to observe this week by volunteering in service projects across the country and pledging to make service a part of their daily lives. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10184 April 17, 2021National Park Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10184 of April 17, 2021** National Park Week, 2021 By the President of the United States of America A Proclamation The renowned environmentalist and author, Rachel Carson, wrote in her seminal book *Silent Spring* that, “Those who contemplate the beauty of the earth find reserves of strength that will endure as long as life lasts. There is something healing in the repeated refrains of nature—the assurance that dawn comes after night, and spring after winter.” Nowhere is the truth of her observation more evident than in America’s national parks, which are irreplaceable treasures that amaze us, inspire us, fill us with pride, and belong to all of us in equal measure. Even while maintaining social distancing and wearing masks to protect themselves and one another, 237 million people visited our national parks last year to enjoy these singular wonders of our Nation. Every visit leaves an indelible impression—due not only to the natural splendor of each park, but to the dedicated stewardship of the Department of the Interior and National Park Service. I will never forget one of my own such visits, which has long shaped my personal reverence for our national parks. In 1972, after my wife and daughter were killed in a car accident, my two young sons, Beau and Hunter, were hospitalized for an extended period. As they recovered, they became enamored of the idea of visiting Yellowstone—thanks in large part to a favorite TV show, Yogi Bear, which was set in a fictionalized version of America’s first national park. In the summer of 1974, my boys and I flew into Salt Lake City, rented a camper, drove up through Dinosaur National Park and arrived for a week at Yellowstone. Our time there nourished us, filled us with awe, and restored in all of us a sense of the future that had been quieted by our loss. As I saw my sons reengage with the world after enduring so much pain, and felt our family begin to heal, I came to understand the truth of Rachel Carson’s words—the power and promise of these extraordinary places to replenish something within us. That power touches every American lucky enough to visit our national parks in some way, and it is our responsibility to ensure that our national parks reflect, honor, and serve all of our people and every community. Recent additions to the National Park System, such as the Medgar and Myrlie Evers Home National Monument, the Reconstruction Era National Historical Park, the Stonewall National Monument, and the César Chávez National Monument at the Chávez Residence in 135 STAT. 2614 Delano, California—along with programs such as the African American Civil Rights Network, Underground Railroad Network to Freedom, and Tribal Heritage grants—reflect our commitment for our parks to serve as sources of support, validation, healing, and connection for people of color, Indigenous people, and others who have been historically marginalized and neglected. Our work to bring true equity to our parks is not yet done. The National Park System must continue to evolve to better reflect all of the people of our Nation, and to work in partnership with Tribal Nations whose historic and sacred lands often fall within the boundaries of National Parks and Monuments that have been dedicated through the years. During National Park Week, let us dedicate ourselves to greater improvement, enjoyment, and preservation of our natural treasures, and to continue to find inspiration, strength, and all else we seek within them. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 17 through April 25, 2021, as National Park Week. I encourage all Americans to find their park, recreate responsibly, and enjoy the benefits that come from spending time in the natural world. I also ask all park visitors to do their part to stop the spread of the coronavirus by wearing masks and practicing social distancing. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10185 April 20, 2021Death of Walter Mondale GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10185 of April 20, 2021** Death of Walter Mondale By the President of the United States of America A Proclamation Today, our Nation mourns the loss of one of our Nation’s most dedicated patriots and public servants. Walter Frederick “Fritz” Mondale served the people of Minnesota as their Attorney General from 1960–1964, as a United States Senator from 1964–1976, as Vice President of the United States from 1977–1981, and as the United States Ambassador to Japan from 1993–1996. As Minnesota’s Attorney General, he drew national attention in a landmark case before the U.S. Supreme Court that established that indigent criminal defendants have the right to legal counsel. As a Senator, he was instrumental in the passage of The Fair Housing Act to combat racial discrimination in housing, Title IX to provide more opportunities for women, and numerous laws to protect our environment. Walter Mondale defined the modern vice presidency, elevating the position into a true partnership with the President. As Vice President, he 135 STAT. 2615 helped lay the groundwork for the 1978 peace treaty between Egypt and Israel, the Panama Canal Treaty, and nuclear arms negotiations with the Soviet Union. As the 1984 Democratic nominee for President, he made history when he became the first Presidential nominee of either party to select a woman as his running mate. In continuing his service as the United States Ambassador to Japan, he became the voice and face of America to that important ally. For nearly 60 years he had a remarkable partnership with his wife Joan, a devoted advocate for the arts, who passed away in 2014. We mourned when he lost his daughter Eleanor in 2011 and today our Nation’s sympathies lie with his sons Ted and William and his six grandchildren. On a wall at the Carter Center in Atlanta, Georgia, there is a quote from Walter Mondale. It reads, “We told the truth. We obeyed the law. We kept the peace.” Walter Mondale did all that and more. As a mark of respect for Walter Mondale and his life of service to our Nation, I hereby order, by the authority vested in me by the Constitution and laws of the United States of America, including section 7 of title 4, United States Code, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, on the day of interment. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10186 April 22, 2021Earth Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10186 of April 22, 2021** Earth Day, 2021 By the President of the United States of America A Proclamation On April 22, 1970, millions of Americans rallied together to protect the right of all of us to live free from environmental hazard and harm. On that first Earth Day, they gathered all across America—on college campuses, in public parks, and State capitals—galvanized by a vision of a healthier, more prosperous Nation where all people could thrive. Their untiring spirit sparked a national movement for environmental protection that endures today in the bedrock laws that protect the air we breathe, the water we drink, and treasured wild places and wildlife.135 STAT. 2616 Earth Day was primarily conceived and brought to life by a dedicated public servant: the late Senator Gaylord Nelson of Wisconsin. Senator Nelson and his wife, Carrie Lee—who herself passed away just last month—were both dear friends who changed my life; it was Senator Nelson who helped persuade me to remain in the Senate after losing my first wife and daughter in a car accident in 1972. Senator Nelson changed the world, too, by building a legacy of environmental protection through Earth Day and all of the progress that has come in its wake—not because it was popular, but because it was the right thing to do for our children and grandchildren. Over half a century later, that legacy lives on in the chorus of courageous young people across the world who are rising up to demand action on climate change. They recognize the enormous economic opportunity to build a brighter, more prosperous future, and the dire economic, societal, and national security consequences of failing to act. Our youth remind us that a better world is within our grasp. Today, I say to young people fighting for a brighter future: We hear you. We see you. We will not let you down. In recent years, climate change has upended the lives of millions of Americans. Record cold weather knocked out the electric grid in Texas this winter, killing at least 111 people and disrupting the lives and livelihoods of millions more. Wildfires tore through more than 5 million acres across the American West—an area roughly the size of the entire State of New Jersey burned to the ground. Last year, back-to-back hurricanes and powerful tropical storms battered the Gulf and East Coasts in the worst Atlantic hurricane season in recorded history. Record floods, hurricane-speed windstorms, and severe droughts devastated families and communities across the Midwest. People have lost homes and irreplaceable memories of their loved ones, small businesses built from years of tireless labor and sacrifice, farmland meant to be passed on to the next generation, and so much more. At the same time, Black, Latino, Indigenous, and other communities of color continue to be hit hardest by the impacts of climate change. They bear the highest burden of pollution, face higher rates of heart and lung disease, are least likely to have safe drinking water in their homes, and suffer increased risk of death from COVID–19. These communities have also frequently been shut out of government decisions that directly bear on their interests. We have an obligation to correct these historic wrongs and to build a future where all people have clean air to breathe, clean water to drink, healthy communities in which they can live, work, and learn, and a meaningful voice in their future. That is why my Administration is advancing the most ambitious climate agenda in our Nation’s history. Our clean energy plan will create millions of good-paying union jobs, ensure our economic competitiveness, and improve the health and security of communities across America. By making those investments and putting millions of Americans to work, the United States will be able to cut our greenhouse gas emissions in half by 2030. Our success in confronting the climate crisis will not be ours alone. It will be shaped, bolstered, and ultimately won by a united pledge from global leaders to set the world on a path to a clean energy future. Today, on the fifth anniversary of the United States ratifying the Paris 135 STAT. 2617 Agreement, we have brought nations from across the world together to meet the moment and raise our climate ambitions. More than 50 years ago, a generation rallied to confront the environmental crises they faced. They took action in hopes that those in power would listen. Today, a new generation is sounding the alarm louder than ever, demanding that world leaders act. It is in all our interests to rise to that challenge and let our legacy be one of action. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 22, 2021, as Earth Day. I encourage all Americans to engage in programs and activities that will promote an understanding of environmental protection, the urgency of climate change, and the need to create a healthier, safer, more equitable future for all people. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10187 April 23, 2021World Intellectual Property Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10187 of April 23, 2021** World Intellectual Property Day, 2021 By the President of the United States of America A Proclamation This year, on World Intellectual Property Day, we celebrate the innovators and creators who enrich our lives and create the products, services, companies, and industries of tomorrow. We especially recognize the power of intellectual property protection in allowing our small businesses to compete, thrive, and play their important role as the heart and soul of our communities and the engines of our economic progress. Small businesses are critical to our success as a Nation. They make up 90 percent of businesses in the United States, employ nearly half of America’s private sector workers, and create two-thirds of new jobs, and bring opportunity to every corner of our Nation. Inventions born in the garages of small towns can have just as much impact as those developed in high-tech labs. This year’s World Intellectual Property Day highlights the critical role these small businesses play in our society and the ways intellectual property can help support their continued growth and resilience. Every small business starts with one person’s or one family’s dream. When that dream is coupled with grit and determination, ideas turn into products, brands, and creative works. Pair those ideas with the strength of our intellectual property system and you have the foundation necessary for new business opportunities, increased employment, and greater economic prosperity. The various types of intellectual property—trademarks, copyrights, patents, and trade secrets—help to ensure that small businesses will be 135 STAT. 2618 compensated for, and be able to prosper from their creations and their customer service. Without these protections, a small business’s success could easily prove to be its undoing, as unscrupulous competitors could seek to copy, steal, and unduly profit from the small business’s ideas and its hard-earned customer goodwill. We must also recognize the important role science and technology play in safeguarding our intellectual property. Investing in and strengthening our digital infrastructure promotes innovation that helps small businesses and protects the rights of our citizens. This year marks the 75th anniversary of the signing of the Lanham Act, which is this Nation’s fundamental trademark law. Trademark protection enables small businesses to benefit from the investments that they make to establish brand awareness and brand loyalty. In addition, trademarks help to protect consumers from counterfeits and other deceitful practices that defraud them and endanger their health and safety. When the pandemic hit, singers, songwriters, and artists from all across America used their talents to lift us up, and to inspire us to support one another in these difficult times. Copyright protection rewards them for their creativity and allows them to continue to create. We are proud to be a Nation of inventors and my Administration is committed to bolstering American industrial and innovative strength so we can continue to lead in making the cutting-edge products and services of tomorrow. My Administration is also committed to giving everyone, no matter where they are from, a chance to succeed and to contribute to creating the strongest, most resilient, innovative economy in the world. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 26, 2021, as World Intellectual Property Day. I call upon all Americans to observe this day by supporting their neighborhood small businesses and celebrating the creativity, hard work, and passion that lies behind each one of them. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10188 April 27, 2021Workers Memorial Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10188 of April 27, 2021** Workers Memorial Day, 2021 By the President of the United States of America A Proclamation America’s workers are the backbone of our economy. In every State, territory, and Tribal land, they leave their homes and families and head to work—applying their grit and skill to create, serve, and service all those things that make our world turn. Even during our Nation’s 135 STAT. 2619 most difficult periods, American workers have always persevered, ensuring that our communities remain resilient and that our Nation stands ready to confront the unforeseen challenges of each new generation. Though workers make tremendous sacrifices—especially essential workers who selflessly serve their communities during times of crisis—none of them should have to risk injury, illness, or death in order to provide for themselves and their families. Tragically, thousands of workers are killed and millions more are hurt or fall ill every year in the workplace—incidents that are often preventable. On the 50th anniversary of the Occupational Safety and Health Act of 1970, we reflect on the workers who have tragically lost their lives or have been harmed in the workplace, and we reaffirm our commitment to ensuring that every American worker has a safe and healthy work environment. Over the past century, labor unions have fought hard—very often successfully—to draw attention to unsafe workplace environments and organize for safer work conditions and protections from the Federal Government. In 1935, the National Labor Relations Act codified private-sector workers’ right to organize, collectively bargain, and strike. Decades later, the passage of the Federal Coal Mine Health and Safety Act in 1969 and the Occupational Safety and Health Act in 1970 enshrined a promise that the wanton indifference to workers’ lives—the days of the Triangle Shirtwaist Factory fire and the Farmington Mine explosion—would no longer be tolerated. Establishing and enforcing Federal workplace safety and health standards has undoubtedly saved lives. Despite the progress we have made cementing workplace protections into law, many workers still fear retaliation and retribution from management when they are asked to perform unsafe tasks or work in unsanitary conditions. This fear forces many workers to remain silent, putting their lives and the lives of their colleagues at risk. Alone, a single worker is often at the mercy of their boss, with little chance of rectifying an unsafe working environment created by employers who cut corners in the name of profit. United, and protected by law from intimidation and coercion from their employers, workers can collectively demand improved working conditions. In an economic system that puts too much power in the hands of wealthy corporations and Wall Street, unions give workers a way to band together, wield their full power, and stand on equal footing with management. Unions not only protect the physical wellbeing of workers, but they also protect their financial security; they protect workers’ equity, too, helping ensure that workplaces are free from harassment and discrimination. Over the past half century, we have seen the percentage of American workers represented by unions decline dramatically. It is no surprise that during this same period, the average incomes of the bottom 90 percent of households in America have only risen by about 1 percent. The decades-long assault we’ve seen on union organizing is a direct assault on the health and incomes of American workers. My Administration is committed to protecting the lives, rights, and livelihoods of workers and reducing workplace accidents, injuries, and fatalities. That is why I strongly encourage the Congress to pass the Protecting the Right to Organize
(PRO)Act of 2021—and why I included the PRO Act as part of my American Jobs Plan. The decision to form a union should belong to workers alone—free from coercion, interference, or intimidation—and this important legislation would em135 STAT. 2620 power workers to exercise their right to organize, hold management accountable for violating the rights of their workers, and promote union elections that are free from interference from employers. It is clear that we have not completely fulfilled our obligation to protect our Nation’s workers. We must always remain vigilant against the notion that worker endangerment is simply a necessary cost of doing business. And we must always protect the right of workers to unite and bargain for their own mutual aid or protection. Today, we mourn each treasured life taken away on the job. Those stricken by disease and fatal injuries as they keep America running deserve a dedicated day of grateful prayer and remembrance from the living. Workers Memorial Day impels us to work for a future where no one should have to risk their life for a paycheck. When our Nation fully recovers from the challenges we face today, it will be in large part because of the sacrifice and perseverance of our workers. We commit to holding close their memory and investing in the health and safety of the colleagues they have left behind. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 28, 2021, as Workers Memorial Day. I call upon all Americans to observe this day with appropriate service, community, and education programs and ceremonies in memory of those killed or injured due to unsafe working conditions. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10189 April 30, 2021Asian American and Native Hawaiian/Pacific Islander Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10189 of April 30, 2021** Asian American and Native Hawaiian/Pacific Islander Heritage Month, 2021 By the President of the United States of America A Proclamation This May, during Asian American and Native Hawaiian/Pacific Islander Heritage Month, we recognize the history and achievements of Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPIs) across our Nation. In the midst of a difficult year of pain and fear, we reflect on the tradition of leadership, resilience, and courage shown by AANHPI communities, and recommit to the struggle for AANHPI equity. Asian Americans, and Native Hawaiians, and Pacific Islanders make our Nation more vibrant through diversity of cultures, languages, and religions. There is no single story of the AANHPI experience, but rather a diversity of contributions that enrich America’s culture and society and strengthen the United States’ role as a global leader. The American story as we know it would be impossible without the strength, con135 STAT. 2621 tributions, and legacies of AANHPIs who have helped build and unite this country in each successive generation. From laying railroad tracks, tilling fields, and starting businesses, to caring for our loved ones and honorably serving our Nation in uniform, AANHPI communities are deeply rooted in the history of the United States. We also celebrate and honor the invaluable contributions the AANHPI communities have made to our Nation’s culture and the arts, law, science and technology, sports and public service—including the courageous AANHPIs who have served on the front lines of the COVID–19 pandemic as health care providers, first responders, teachers, and other essential workers. During this year’s Asian American and Native Hawaiian/Pacific Islander Heritage Month, our Nation celebrates the achievements of Vice President Harris, the first person of South Asian descent to hold the Office of the Vice President. Vice President Harris has blazed a trail and set an example for young people across the country to aspire to follow, including members of AANHPI communities and AANHPI women in particular. In spite of the strength shown and successes achieved, the American dream remains out of reach for far too many AANHPI families. AANHPI communities face systemic barriers to economic justice, health equity, educational attainment, and personal safety. These challenges are compounded by stark gaps in Federal data, which too often fails to reflect the diversity of AANHPI communities and the particular barriers that Native Hawaiian, Pacific Islander, Southeast Asian, and South Asian communities in the United States continue to face. My Administration also recognizes the heightened fear felt by many Asian American communities in the wake of increasing rates of anti-Asian harassment and violence during the COVID–19 pandemic, and the increasingly observable layers of hate now directed toward women and elders of Asian descent in particular. Our Nation continues to grieve the senseless killings of six women of Asian descent in Atlanta, and the unconscionable acts of violence victimizing our beloved Asian American seniors in cities across the country. Acts of anti-Asian bias are wrong, they are un-American, and they must stop. My Administration will continue to stand shoulder to shoulder with AANHPI communities in condemning, denouncing, and preventing these acts of violence. We will continue to look for opportunities to heal together and fight against the racism and xenophobia that still exists in this country. Present-day inequities faced by AANHPI communities are rooted in our Nation’s history of exclusion, discrimination, racism, and xenophobia against Asian Americans. Asian Americans, Native Hawaiians, and Pacific Islanders have endured a long history of injustice—including the Page Act of 1875, the Chinese Exclusion Act of 1882, the incarceration of Japanese American citizens during World War II, the murder of Vincent Chin, the mass shooting of Southeast Asian refugee children in 1989, and the targeting of South Asian Americans, especially those who are Muslim, Hindu, or Sikh, after the national tragedy of 9/11. It is long past time for Federal leadership to advance inclusion, belonging, and acceptance for all AANHPI communities. My Administration is committed to a whole-of-government effort to advance equity, 135 STAT. 2622 root out racial injustices in our Federal institutions, and finally deliver the promise of America for all Americans. Vice President Harris and I affirm that Asian Americans, Native Hawaiians, and Pacific Islanders make our Nation stronger. I urge my fellow Americans to join us this month in celebrating AANHPI history, people, and cultures. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as Asian American and Native Hawaiian/Pacific Islander Heritage Month. I call upon the people of the United States to learn more about the history of Asian Americans, Native Hawaiians, and Pacific Islanders, and to observe this month with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10190 April 30, 2021Jewish American Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10190 of April 30, 2021** Jewish American Heritage Month, 2021 By the President of the United States of America A Proclamation The Jewish American experience is a story of faith, fortitude, and progress. It is a quintessential American experience—one that is connected to key tenets of American identity, including our Nation’s commitment to freedom of religion and conscience. This month, we honor Jewish Americans—past and present—who have inextricably woven their experience and their accomplishments into the fabric of our national identity. Generations of Jewish people have come to this Nation fleeing oppression, discrimination, and persecution in search of a better life for themselves and their children. These Jewish Americans have created lives for themselves and their families and played indispensable roles in our Nation’s civic and community life, making invaluable contributions to our Nation through their leadership and achievements. And this year, we also recognize two historic firsts, as America saw the Vice President take the oath of office alongside her Jewish spouse, and a Jewish American became the first Majority Leader of the United States Senate and the highest-ranking Jewish American elected official in our Nation’s history. Alongside this narrative of achievement and opportunity, there is also a history—far older than the Nation itself—of racism, bigotry, and other forms of injustice. This includes the scourge of anti-Semitism. In recent years, Jewish Americans have increasingly been the target of white nationalism and the antisemitic violence it fuels.135 STAT. 2623 As our Nation strives to heal these wounds and overcome these challenges, let us acknowledge and celebrate the crucial contributions that Jewish Americans have made to our collective struggle for a more just and fair society; leading movements for social justice, working to ensure that the opportunities they have secured are extended to others, and heeding the words of the Torah, “Justice, justice shall you pursue.” A central concept in Judaism, “l’dor v’dor”, or “from generation to generation,” recognizes both the continuity of the Jewish people and the intergenerational responsibility we have to heal the world for our children. During Jewish American Heritage Month, we honor Jewish Americans, who, inspired by Jewish values and American ideals, have engaged in the ongoing work of forming a more perfect union. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as Jewish American Heritage Month. I call upon all Americans to visit www.JewishHeritageMonth.gov to learn more about the heritage and contributions of Jewish Americans and to observe this month with appropriate programs, activities, and ceremonies. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10191 April 30, 2021National Building Safety Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10191 of April 30, 2021** National Building Safety Month, 2021 By the President of the United States of America A Proclamation Throughout this past year, we have come to appreciate the contributions and complexity of our building and built environment. During the COVID–19 pandemic, many people saw their homes become more than a place of dwelling, evolving into a comprehensive space for education, work, childcare, and entertainment. During National Building Safety Month, we recognize the importance of strengthening our buildings and infrastructure to serve the needs and ensure the safety of every American. We also honor the building safety professionals dedicated to creating safe, sustainable, and resilient communities. We also recognize that now is the time to repair and modernize our buildings and infrastructure, not only to meet the needs of today, but to address the challenges of tomorrow, especially the existential threat of climate change. The unrelenting impact of climate change affects every one of us, but too often the brunt falls disproportionately on vulnerable communities—especially low-income communities and people of color—who are facing new and worsening natural hazards like hurricanes, floods, extreme heat, and wildfires due to climate change. These communities are less likely to have the means to prepare for and recover from these hazards, which have increased in frequency, duration, 135 STAT. 2624 and intensity. The buildings where we live and work provide an important line of defense against these growing hazards. Investing in our infrastructure and adopting and implementing modern building codes are the most effective mitigation measures communities can undertake. This is why I have issued several Executive Orders related to buildings and resiliency as part of a Government-wide approach to the climate emergency. My Administration has also put the climate crisis at the center of U.S. foreign and national security policy, and established the White House Office of Domestic Climate Policy and the National Climate Task Force. We are committed to creating climate-friendly and environmentally conscious communities that not only protect the people who live and work in them, but also will boost our economy in the long-term. In order for us to safeguard the health, safety, and economic future of our Nation’s people, we must also invest in our infrastructure more broadly. From upgrading homes in disadvantaged communities, to modernizing our Nation’s schools, to replacing lead water pipes, to securing affordable, high-speed broadband, the American Jobs Plan is an investment for all Americans. It will create millions of good jobs, rebuild our crumbling infrastructure, and promote access to opportunity for all. To support these efforts, my Administration is also calling for broad input and collaboration from all levels of government and our partners in the non-profit and private sectors. We must all share the responsibility for ensuring that our communities are safe and resilient against the growing threat of climate change. In America and around the globe, initiatives such as the Global Resiliency Dialogue aim to increase building and climate-based science into the solution. This important work is underway, but we recognize that there is much more to do. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Building Safety Month. I encourage citizens, government agencies, businesses, nonprofits, and other interested groups to join in activities that raise awareness about building safety. I also call on all Americans to learn more about how they can contribute to building safety at home and in their communities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10192 April 30, 2021National Foster Care Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10192 of April 30, 2021** National Foster Care Month, 2021 By the President of the United States of America A Proclamation Every child deserves to grow up in a supportive, loving home where they can thrive and prosper. During those unfortunate times when children cannot remain safely in their own homes, the individuals and families who open their hearts and homes to foster children provide a vital service to their communities. During this National Foster Care Month, we share our gratitude for those who support youth and families by being a resource to children in need and supporting birth parents so that they may safely reunite with their families whenever possible. We also recognize that it takes collaboration and community effort—from local organizations to Federal agencies—to support children, birth parents, and resource and kin families during challenging times. Young people in foster care have been particularly impacted by the COVID–19 pandemic. They are navigating circumstances that are already tough, and those challenges are compounded by a public health crisis that made housing, employment and educational opportunities even harder to access. To support the immediate needs of youth in foster care, my Administration is implementing Federal programs authorized by the Supporting Foster Youth and Families through the Pandemic Act. This law provides additional flexibility and support for youth aging out of foster care, and allows them to access critical services to help them stay in school or participate in a job training program, pay the bills, and better make the difficult transition to adulthood. We have an expression in the Biden family, “If you have to ask for help, it’s too late.” As a Nation, we can proactively help children by advancing a holistic approach to child and family well-being across the country—before it’s too late. As we work to address immediate needs, we must be clear about long-standing challenges in child welfare and commit to advancing child and family well-being in every way we can. Our children, birth parents, and resource and kin families deserve nothing less. So this National Foster Care Month, we also recognize the histories of injustice in our Nation’s foster care system. Throughout our history and persisting today, too many communities of color, especially Black and Native American communities, have been treated unequally and often unfairly by the child welfare system. Black and Native American children are far more likely than white children to be removed from their homes, even when the circumstances surrounding the removal are similar. Once removed, Black and Native American children stay in care longer and are less likely to either reunite with their birth parents or be adopted. Too many children are removed from loving homes because poverty is often conflated with neglect, and the enduring effects of systemic racism and economic barriers mean that families of color are disproportionately affected by this as well. Children with disabilities are over-represented among youth in care and may be inappropriately placed in group settings instead of provided the individualized support they need. Children in foster care—particularly youth of color 135 STAT. 2626 and LGBTQ+ children who are already subject to disproportionate rates of school discipline and criminalization—are also at an increased risk of becoming involved in the juvenile justice system. And for LGBTQ+ foster youth, foster care systems are not always equipped to safely meet their needs. My Administration is committed to addressing these entrenched problems in our Nation’s child welfare system, advancing equity and racial justice for every child and family who is touched by the foster care and child welfare system, and focusing on policies that improve child and family well-being. This is why my Administration’s discretionary funding request for 2022 includes $100 million in competitive grants for State and local child welfare systems to advance racial equity and prevent unnecessary child removals. National Foster Care Month is an opportunity for us to celebrate the resource and kin families who are supporting children by opening their homes and sharing their love. Crucially, it is also an opportunity to celebrate foster youth and all of their accomplishments, and to celebrate and encourage the many biological parents who are working hard to safely reunite with their children. And it provides an opportunity for us to fulfill our responsibility as a Nation to take care of each other and provide our vulnerable youth and families with the support they need. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Foster Care Month. I call upon all Americans to observe this month by reaching out in their neighborhoods and communities to the children and youth in foster care and their families, those at risk of entering foster care, and resource and kin families and other caregivers. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10193 April 30, 2021National Mental Health Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10193 of April 30, 2021** National Mental Health Awareness Month, 2021 By the President of the United States of America A Proclamation Mental health is essential to our overall health, and the importance of attending to mental health has become even more pronounced during the COVID–19 pandemic, which has not only negatively impacted many people’s mental health but has also created barriers to treatment. Millions of adults and children across America experience mental health conditions, including anxiety, depression, schizophrenia, bipolar disorder, and post-traumatic stress disorder. Nearly one in five Americans lives with a mental health condition. Those living with 135 STAT. 2627 mental health conditions are our family, friends, classmates, neighbors, and coworkers. Before the Affordable Care Act, insurance companies could discriminate against people based on pre-existing conditions, including mental health conditions, and mental health and substance use services were not covered by insurance. Still discrimination against those with mental health conditions in our society remains, and can make it difficult to find and reach out for help. While our Nation has made progress in promoting mental health services, many communities face pervasive barriers in accessing mental health care. The COVID–19 pandemic and the resulting economic crisis has impacted the mental health of millions of Americans. Isolation, sickness, grief, job loss, food instability, and loss of routines has increased the need for mental health services. At the same time, the need to protect people from COVID–19 has made it more challenging for people to access mental health services, and harder for providers to deliver this care. Even before COVID–19, the prevalence of mental health conditions in our Nation was on the rise. In 2019, nearly 52 million adults experienced some form of mental illness. Recent data from the Centers for Disease Control and Prevention indicates that one in four adults reported experiencing symptoms of an anxiety or depressive disorder in February 2021—a significant increase from the prior year. Youth mental health is also worsening, with nearly 10 percent of America’s youth reporting severe depression. We must treat this as the public health crisis that it is and reverse this trend. Too many people with mental health needs feel they have nowhere to turn. Suicide is the tenth leading cause of death in the United States and the second leading cause of death for our Nation’s youth today. Suicide rates are disproportionately high among Black youth, and LGBTQI+ persons are at disproportionate risk of death by suicide as well as suicidal ideation, planning, and attempts. My Administration is committed to advancing suicide prevention best practices and improving non-punitive crisis response. Even as we build and enhance existing systems for prevention and response within communities, immediate assistance is available for those in need of help by calling the National Suicide Prevention Lifeline at 1–800–273–TALK or by calling 1–800–662–HELP. My Administration is committed to ensuring that people living with mental health conditions are treated with compassion, respect, and understanding. We must also address the disparities that underserved communities, especially communities of color, face and work to ensure that everyone has access to affordable, quality, and evidence-based mental health care. As President, I know that we can and must address these critical issues, especially for those who have shouldered the burden of standing on the front lines in responding to the pandemic. That is why the American Rescue Plan includes substantial investments to promote mental health among the health care workforce. We are also building on the progress made through the 21st Century Cures Act by integrating mental health and addiction treatment into primary care settings, schools, and homes. My Administration is focused on building an improved, expanded system of care for the mental health needs of adults and children. This 135 STAT. 2628 will require an increase in the number of mental health professionals. Building on a program in the American Rescue Plan, I have requested $1 billion in funding to expand the number of school-based mental health professionals, including school psychologists and counselors to address the mental health needs of students. The American Rescue Plan also delivered $3 billion for substance use and mental health care block grants. These funds also ensure that States provide pathways to prevention, intervention, treatment, and recovery services—especially for underserved communities. The American Rescue Plan also included $420 million in funding to support Certified Community Behavioral Health Clinics to expand access to high-quality, evidence-based behavioral health services. Certified Community Behavioral Health Clinics are also committed to involving peers and families, who are essential to mental health recovery. My Administration is committed to ensuring that everyone knows that they are not alone, that help exists, and that we will provide the mental health support needed to heal, recover, and thrive. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Mental Health Awareness Month. I call upon citizens, government agencies, organizations, healthcare providers, and research institutions to raise mental health awareness and continue helping Americans live longer, healthier lives. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10194 April 30, 2021National Physical Fitness and Sports Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10194 of April 30, 2021** National Physical Fitness and Sports Month, 2021 By the President of the United States of America A Proclamation Despite the unprecedented challenges and disruptions of the past year, we continue to see examples of Americans finding innovative ways to stay active and healthy. Some have moved their workouts into their living rooms or garages. Others have taken up new sports. Many have simply rediscovered the satisfaction of a walk through their neighborhood. Despite this creativity, far too many people struggle to incorporate regular physical activity into their daily lives. Socioeconomic disparities, lack of opportunities for safe play, and limited access to programs for increased activity are just a few of the inequities that many Americans face—inequities that have been further exacerbated by the pandemic. During this National Physical Fitness and Sports Month, we encourage all Americans to stay active for their health and wellbeing. Whether by pursuing a more active lifestyle, making physical activity a priority and an essential part of everyday living, or supporting efforts in local communities that increase access to sports and 135 STAT. 2629 physical fitness opportunities for all, participating in physical activities leads to a healthier lifestyle. Physical activity is one of the best tools we have to help combat chronic diseases experienced by over half of all Americans. Even a single session of moderate-to-vigorous physical activity can boost your mood, sharpen your focus, reduce your stress, and improve your sleep. More regular physical activity—over months or years—can contribute to a reduced risk of depression, heart disease, several types of cancer, dementia, type 2 diabetes, and obesity. No matter our age or ability, the more that we can make regular physical activity and participation in sports a part of our lives, the better off both we and our Nation will be. Greater amounts of physical activity can have positive effects in every stage of life and lead to better overall health outcomes for both children and adults, including those with disabilities. The Department of Health and Human Services’ Move Your Way campaign provides helpful tips to encourage children and adults to meet the recommendations from the *Physical Activity Guidelines for Americans.* The Centers for Disease Control and Prevention’s Active People, Healthy Nation initiative provides a blueprint for building active communities to make it easier for all Americans to attain the physical activity they need, with a goal of getting 27 million more Americans physically active by 2027. By transcending differences and uniting in celebration of physical activity, healthy competition, and shared enjoyment, sports are a fun and engaging way to stay active and keep fit for people of all ages. For our Nation’s youth, playing sports can also help to build confidence on and off the field, while team sports foster the added virtues of service to common causes and communal responsibility—win or lose, every game offers the opportunity to learn something new or hone your skills. Every athletic challenge is an avenue to greater mental and physical resilience. While social distancing has made participation in organized sports challenging, we can use this time to renew our focus on fundamental skills and training in preparation for a return to play, especially for young athletes. Our Nation can and must do more to make sure that every child has the opportunity to play sports and obtain the benefits that come with play, including greater physical fitness and better health. As we recover from the COVID–19 pandemic, it is more important than ever that we ensure equal access to sports and fitness activities for everyone. To that end, my Administration continues to promote programs that provide opportunities for all of our young people to play sports—regardless of their race, ethnicity, sex, sexual orientation, gender identity, religion, disability, or neighborhood—in support of the *National Youth Sports Strategy.* I encourage every American to discover an enjoyable exercise activity that fits into their daily routine. It does not matter how you choose to be active—whether you are trying your hand at a new sport, exploring a local park, or going for a walk or a jog in your own neighborhood, physical activity holds the key to better health and wellness. During National Physical Fitness and Sports Month, let us all strive to be more active together. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Con135 STAT. 2630 stitution and the laws of the United States, do hereby proclaim May 2021 as National Physical Fitness and Sports Month. I call upon the people of the United States to make daily physical activity a priority, to support efforts to increase access to sports opportunities in their communities, and to pursue physical fitness as an essential part of healthy living. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10195 April 30, 2021National Teacher Appreciation Day and National Teacher Appreciation Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10195 of April 30, 2021** National Teacher Appreciation Day and National Teacher Appreciation Week, 2021 By the President of the United States of America A Proclamation As the proud husband of an educator who continues, as First Lady, to teach writing at a community college, I have seen firsthand the dedication, selflessness, and vision of our Nation’s educators. They play so many different roles: They are mentors who guide with creativity and care; advocates who fight for students’ needs; role models who help students dream and dare more boldly; and leaders who tirelessly support the families and communities that depend on them. Every day, with every student they reach, educators build the future of our country, and we are grateful for their commitment to our shared future. This National Teacher Appreciation Day and National Teacher Appreciation Week, we honor the service and passion and celebrate the immeasurable contributions of our Nation’s educators in schools from coast to coast. Throughout history, America’s educators have risen to unprecedented challenges. Over the past year, with our country facing a cascade of crises, educators have risen to this challenge with care and creativity: overcoming disruptions in their own lives while offering unwavering support for their students’ wellbeing and academic progress. Educators served both as facilitators of learning and as the technology support for their students, getting them up and running with access to fully remote learning. They often worked late into the day to support hard-to-reach children, and took the extracurriculars their students love and adapted them for remote and hybrid learning. Our teachers even found new ways to leverage technology platforms to coordinate with parents as partners in learning, keep a close eye on the development of their students, and build community by moving music rehearsals and sports practices online. As this pandemic has shined a bright light on the inequities that persist in our schools, educators have also fought for the tools and resources their schools need to bridge gaps and ensure all children have what they need to succeed. Other school staff and administrators have 135 STAT. 2631 also stepped up in our time of need, with bus drivers bringing hotspots to areas with no wireless internet, food service staff preparing meals for students who might otherwise go hungry, and counselors helping students and parents cope with trauma. When I took office, I vowed to support our educators by giving them the pay and dignity they deserve. I made a promise that they would not only have a voice as we work to rebuild and reimagine our education system, they would help us lead this effort. That is why my Administration is partnering with State and local leaders, educators and their unions, and families to ensure high-quality instruction, overcome the challenges of the instructional time we lost in the pandemic, address educational inequities, and meet students’ physical, social, and emotional needs. In early March, I prioritized early childhood through 12th grade educators and staff for vaccination, and I set a goal of getting all of these frontline essential workers at least one shot by the end of the month. On April 2nd, I announced that 80 percent of all teachers, school staff, and childcare workers across the country had received at least one dose of the COVID–19 vaccine. Since then, we have made even more progress in protecting our educators. The American Rescue Plan is providing critical relief, including $122 billion in relief for K–12 schools to get students back in the classroom quickly and safely and address the needs of students. In addition, the American Rescue Plan includes $7.6 billion for special education, children and youth experiencing homelessness, Tribal educational agencies, Native Hawaiians, and Alaska Natives, emergency assistance to non-public schools, and the outlying areas of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin Islands, as well as $40 billion for higher education. Education is the one field that makes all others possible. Every one of us has been shaped by someone who inspired our curiosity and helped us find our confidence, who guided us to think more clearly and pushed us to strive for better. On National Teacher Appreciation Day and during National Teacher Appreciation Week, we remember the tremendous debt of gratitude owed to educators everywhere who helped define us as individuals and as a country, and to all that they are doing to light the way forward for our families and our communities. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 4, 2021, as National Teacher Appreciation Day and May 2 through May 8, 2021, as National Teacher Appreciation Week. I call upon all Americans to recognize the hard work and dedication of our Nation’s teachers and to observe this day and this week by supporting teachers through appropriate activities, events, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10196 April 30, 2021Public Service Recognition Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10196 of April 30, 2021** Public Service Recognition Week, 2021 By the President of the United States of America A Proclamation In the face of unprecedented challenges this past year, America’s dedicated public servants have risen to the moment—bringing strength, healing, and hope to their communities and to our Nation. Our public servants are a living reminder that, here in America, we take care of one another and leave no one behind. As we work to defeat the pandemic and rebuild our economy, it is more important than ever to recognize and reflect upon both our collective loss and our collective resilience. During Public Service Recognition Week, we celebrate and thank our public servants at the local, State, and Federal levels who exemplify dedication to the common good. Public servants are the lifeblood of our democracy. They are our researchers and scientists, our front-line workers, our educators, our first responders, our election officials, and our military service members—among countless others. They are ordinary Americans who answer the call to do extraordinary things, giving their time—and, in some cases, risking or giving their lives—to make life better for all of us. Throughout this week and beyond, my Administration will be shining a light on the individual and collective efforts of public servants at the local, State, Tribal, and Federal levels who unite us and help lead us through challenging times. In the toughest of circumstances and often at great personal sacrifice, our public servants tackle the most complex problems facing our communities. Whether developing public health guidance and working across agencies to safely reopen schools during the pandemic, partnering with the private sector to develop and distribute vaccines, keeping small businesses dreams alive, or combating natural disasters in their hometowns, public servants demonstrate their commitment to our Nation every day. It is our responsibility, in turn, to ensure that they are honored and protected. Since taking office earlier this year, I have made it the policy of the United States to protect, empower, and rebuild the career Federal workforce. My Administration made employee safety a priority—directing agencies to create COVID–19 workplace safety plans and require mask-wearing, physical distancing, and other public health measures in Federal buildings and on Federal lands. I revoked several Executive Orders that undermined the foundations of civil service, worked to ensure the right of Federal employees to engage in collective bargaining, and created a new interagency task force to ensure that Federal employees engaged in scientific research and data collection are never subjected to political interference. In addition, I have strengthened protections against discrimination for Federal employees, including discrimination on the basis of gender identity or sexual orientation. I have also asked the Director of the Office of Personnel Management to provide me with recommendations to promote a $15 per hour minimum wage for Federal employees, as well as recommendations for expanding the Federal Government’s policy of providing employees time off to vote. And this week, I signed an Exec135 STAT. 2633 utive Order that will increase the minimum wage for employees working on Federal contracts to $15 per hour. Together, as we strive to build, support, and continuously improve our public workforce, we recognize and celebrate the indispensable contributions our public servants make while protecting our communities, taking care of our neighbors, and helping us heal and build back better. It is the honor of my lifetime to serve our Nation alongside our public servants, who work tirelessly to improve the lives of Americans and people around the globe. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2 through May 8, 2021, as Public Service Recognition Week. I call upon all Americans to celebrate public servants and their contributions this week and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10197 April 30, 2021Law Day, U.S.A., 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10197 of April 30, 2021** Law Day, U.S.A., 2021 By the President of the United States of America A Proclamation In the many years I spent as a United States Senator and as Vice President, I logged hundreds of thousands of miles of travel, and had the opportunity to meet with foreign officials all over the world. Those experiences impressed upon me a truth about America: that what makes our Nation unique is the depth of our devotion to the rule of law. Unlike so many of the Nations of the world, the United States wasn’t built around an ethnicity, religion, or tribe—it was built around common ideals. The rule of law is central to those ideals. It is what limits the abuse of power in our Nation, whether by an individual or a mob. It reflects President John Adams’ desire to establish “a government of laws and not of men.” It is how Thomas Paine distinguished us from the rest of the world—declaring that, while in other Nations, the king is law, “in America, the law is king.” Many Nations around the world still struggle to capture what we have captured here in America—not only in the text of our founding documents, but in the character of our people: reverence for the law. That reverence is essential to our democracy. Without it, equality and justice cannot be advanced, human rights cannot be protected, democratic norms and values cannot be secured, and disagreements cannot be peaceably resolved. The rule of law has also been a critical vehicle for delivering the full promise of American democracy to all of our people, particularly those excluded in our Nation’s founding. Today, on Law Day, we rededicate ourselves to furthering that promise and strength135 STAT. 2634 ening those ideals, and we renew our commitment to ensure that every American’s constitutional rights are protected. The theme of this year’s Law Day, “Advancing the Rule of Law Now,” is particularly fitting at this moment in our Nation’s history. Recently, we were again called to recognize that democracy is precious and fragile. We have witnessed grave threats to our democratic institutions and to the rule of law itself. These tragic events have taught us once again that when we are united, we can overcome the greatest challenges and move our country forward—but it takes a commitment to law over demagoguery, and the enforcement of law free from political interference, to do so. Previous generations of Americans have lived through civil war, economic depressions, the rise of fascism, and world wars—and today, too many Americans continue to face pervasive racism, xenophobia, nativism, and other forms of intolerance. This year, the United States marks the 100th anniversary of the Tulsa, Oklahoma, race massacre, in which a mob of white residents attacked and killed between 100 and 300 Black residents and destroyed more than 1,000 homes and businesses in a thriving community known as Black Wall Street. Today, a century later, we still face chilling echoes of those threats to equality, justice, and the rule of law in the form of rising political extremism, white supremacy, and domestic terrorism. My Administration is committed to advancing the rule of law within the United States so that everyone is ensured equal justice under the law, an equal place in our democracy, and the opportunity to fulfill their potential free from abuses of power. On my first day in office, I signed an historic Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, to advance equity and racial justice and redress systemic racism across a comprehensive sweep of Federal policies, laws, and programs. I also signed a memorandum on Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States, stating that the Federal Government has a responsibility to prevent racism, xenophobia, and intolerance against anyone in the United States—particularly, today, against Asian Americans who have spent the last year enduring unconscionable and un-American harassment and attacks—as well as an additional Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. I have directed Federal agencies to facilitate access to voting using their existing legal authority, and my Administration supports further legislation to protect the sacred right to vote and make it more equitable and accessible for all Americans to exercise that right. We are also working to advance the rule of law across the world by rebuilding global alliances; confronting authoritarianism; and reengaging with other governments, civil society organizations, and multilateral organizations, such as the United Nations. We must ensure that we are able to lead not by the example of our power, but by the power of our example. As I have said on many occasions, our diplomacy must be rooted in America’s most cherished democratic values: defending freedom, championing opportunity, upholding universal rights, respecting the rule of law, and treating every person with dignity.135 STAT. 2635 On this Law Day, U.S.A., I urge my fellow Americans to join me in recommitting ourselves to promoting and advancing the rule of law and delivering freedom and equality for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, in accordance with Public Law 87–20, as amended, do hereby proclaim May 1, 2021, as Law Day, U.S.A. I call upon all Americans to acknowledge the importance of our Nation’s legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States in support of this national observance. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10198 April 30, 2021Loyalty Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10198 of April 30, 2021** Loyalty Day, 2021 By the President of the United States of America A Proclamation On Loyalty Day, we celebrate our allegiance to the project of this great Nation and the democratic ideals woven into the fabric of our Constitution. As Americans, we do not command loyalty, but seek to earn it through our actions—including by living up to the principles enshrined in our Constitution and respecting the will of the people as reflected in the democratic process. Drawn together by the promise of equality, freedom, and justice, we are a Nation of shared ideals and strong, resilient people. Here in America, loyalty does not mean fealty to any one leader or political party, nor does it mean unthinking praise or willful ignorance of our shortcomings—it means loyalty to our common ideals, and to one another. It means standing united as one people, even as we cherish our differences and respect dissent. Our country is a diverse tapestry of many cultures, heritages, religions, and languages, brought together around the values and ideals we all share as Americans. Together, we celebrate our differences and draw strength from our common commitment to perfecting our Union. No matter what challenges come our way, our Nation holds strong together—bound by our Constitution and the rule of law, uplifted by individual liberties and promises of justice we have worked hard in each generation to secure and expand, and consecrated by those who have sacrificed to preserve, defend, and care for our Nation. We see loyalty in the members of our Armed Forces, who selflessly serve in harm’s way; in their families, who, in the timeless words of the poet John Milton, “also serve who only stand and wait;” in our educators, who dedicate their lives to nurturing young minds; in our first responders, who put their lives on the line to save others; in all those who have the courage to call out our Nation’s imperfections when we fall short, and who continue to push our society to live up to its founding promise of freedom, justice, and equality for all. May 135 STAT. 2636 1 is also International Workers’ Day, and we honor the workers whose service and sacrifice has helped turn the tide against the COVID–19 pandemic. On this day, we show our gratitude to our essential workers—and to all of the workers who have organized and fought to improve our Nation and create a fairer and more just society for all. To acknowledge the American ethos of patriotism and the sacrifices so many of our fellow citizens have made, the Congress, by Public Law 85–529, as amended, has designated the 1st day of May each year as Loyalty Day. On this day, let us reaffirm our commitment to the values that bind us together and honor all those who have defended our freedom. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim May 1, 2021, as Loyalty Day. This Loyalty Day, I call upon the people of the United States to join in this national observance, display the United States flag and pledge allegiance to the Republic for which it stands. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10199 April 30, 2021Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10199 of April 30, 2021** Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 By the President of the United States of America A Proclamation The national emergency caused by the coronavirus disease 2019 (COVID–19) outbreak in the United States continues to pose a grave threat to our health and security. As of April 29, 2021, the United States had experienced more than 32 million confirmed COVID–19 cases and more than 570,000 COVID–19 deaths. It is the policy of my Administration to implement science-based public health measures, across all areas of the Federal Government, to act swiftly and aggressively to prevent further spread of the disease. The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Republic of India is experiencing widespread, ongoing person-to-person transmission of SARS–CoV–2, the virus that causes COVID–19. The World Health Organization has reported that the Republic of India has had more than 18,375,000 confirmed cases of COVID–19. The magnitude and scope of the COVID–19 pandemic in the Republic of India is surging; the Republic of India accounts for over one-third of new global cases, and the number of new cases in the Republic of India is accelerating at a rapid rate. There have been more than 300,000 average new daily cases in the Republic of India over the past week. A variant 135 STAT. 2637 strain of the virus, known as B.1.617, is also circulating in the Republic of India, along with other variant strains, including B.1.1.7, first detected in the United Kingdom, and B.1.351, first detected in the Republic of South Africa. The CDC advises, based on work by public health and scientific experts, that these variants have characteristics of concern, which may make them more easily transmitted and have the potential for reduced protection afforded by some vaccines. After reviewing the public health situation within the Republic of India, CDC has concluded that proactive measures are required to protect the Nation’s public health from travelers entering the United States from that jurisdiction. Given the determination of CDC, working in close coordination with the Department of Homeland Security, described above, I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: **Section 1**. *Suspension and Limitation on Entry.* The entry into the United States, as nonimmigrants, of noncitizens who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. **Sec. 2**. *Scope of Suspension and Limitation on Entry.*
(a)Section 1 of this proclamation shall not apply to:
(i)any lawful permanent resident of the United States;
(ii)any noncitizen national of the United States;
(iii)any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;
(iv)any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(v)any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(vi)any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR–4 or IH–4 visa classifications;135 STAT. 2638
(vii)any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(viii)any noncitizen traveling as a nonimmigrant pursuant to a C–1, D, or C–1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;
(ix)any noncitizen
(A)seeking entry into or transiting the United States pursuant to one of the following visas: A–1, A–2, C–2, C–3 (as a foreign government official or immediate family member of an official), E–1 (as an employee of TECRO or TECO or the employee’s immediate family members), G–1, G–2, G–3, G–4, NATO–1 through NATO–4, or NATO–6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
(B)whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(x)any noncitizen who is a member of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;
(xi)any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or
(xii)any noncitizen whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
(b)Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States. **Sec. 3**. *Implementation and Enforcement.*
(a)The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.
(b)The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall endeavor to ensure that any noncitizen subject to this proclamation does not board an aircraft traveling to the United States, to the extent permitted by law.
(c)The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.
(d)Where a noncitizen circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry, the Secretary of Homeland Security shall consider prioritizing such noncitizen for removal.135 STAT. 2639 **Sec. 4**. *Termination.* This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. **Sec. 5**. *Effective Date.* This proclamation is effective at 12:01 a.m. eastern daylight time on May 4, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern daylight time on May 4, 2021. **Sec. 6**. *Severability.* It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly:
(a)if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and
(b)if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders. **Sec. 7**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10200 May 3, 2021Older Americans Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10200 of May 3, 2021** Older Americans Month, 2021 By the President of the United States of America A Proclamation During Older Americans Month, we celebrate older Americans and the key role they play in sharing the wisdom and experience that inform 135 STAT. 2640 today’s decisions and actions, and fostering the connection and engagement that build strong, resilient communities. And, we recognize our responsibility to ensure that every American has the opportunity to age with dignity. The COVID–19 pandemic has imposed tremendous hardships on our Nation’s older Americans. Older adults—particularly those from communities of color—have comprised the majority of deaths from COVID–19, with more than 80 percent of all deaths to date occurring in persons 65 and older. Many older Americans have also suffered extreme social isolation from being separated from friends, family, and community resources throughout the pandemic. In spite of this, older Americans have stepped up to support their families, friends, and neighbors. They are among our essential workers, volunteers, and donors, bolstering their communities and inspiring others to do the same. I am committed to ensuring older adults are central in our country’s recovery efforts. My Administration recognizes the value of our older adults and supports the issues most important to them, such as Medicare, Social Security, lowering the price of prescription drugs, and long-term care options—including Medicaid’s home and community-based services programs. The American Rescue Plan puts the needs of older Americans at the forefront of our country’s path to recovery, starting by mounting a national vaccination program to quickly and efficiently deliver lifesaving vaccines, prioritizing our older citizens. The American Rescue Plan also provides much needed support to skilled nursing facilities, so they can improve infection control and vaccination rollout capability by partnering with quality improvement organizations. The law allocates funding to support mitigation, clinical care, infection control, and staffing in long-term care facilities during the pandemic. The law also provides significant funding to support older adults who receive home and community-based services through Medicaid to help them remain safe and independent in their own homes and communities throughout the pandemic. And, the American Rescue Plan adds substantial funding to programs authorized under the Older Americans Act. These programs also connect older adults and their caregivers to food, health care, and other home and community-based services. The American Rescue Plan also calls for the establishment of the National Technical Assistance Center on Grandfamilies and Kinship Families, to give much needed aid to those older Americans who have stepped up to parent the next generation of Americans. Finally, the plan enhances the Elder Justice Act and ensures Adult Protective Services can be used to protect the safety of all adults as they age. As our country works to put COVID–19 behind us, we know there is more we must do to ensure that older Americans can live and age with dignity. We are committed to ensuring older Americans can easily access appropriate services they need to stay safe and healthy as they age. In this year of peril and promise, older Americans have suffered greatly, and provided inspirational demonstrations of strength. During Older Americans Month, we honor these citizens and their continued contributions. We commit to learning from them, and we pledge to support their futures.135 STAT. 2641 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as Older Americans Month. I call upon Americans of all ages to celebrate older Americans during this month and throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this third day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10201 May 4, 202160th Anniversary of the Freedom Rides, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10201 of May 4, 2021** 60th Anniversary of the Freedom Rides, 2021 By the President of the United States of America A Proclamation On May 4, 1961, thirteen Americans set out on Greyhound and Trailways buses from Washington, DC, to peacefully protest the scourge of segregation. They came from 9 different States and the District of Columbia; they were Black and white, men and women, ranging in age from 18 to 61, sitting side by side in a simple affirmation of shared humanity. They were teachers and students, carpenters and architects, ministers and servicemembers. Frances and Walter Bergman, Albert Bigelow, Ed Blankenheim, Reverend Benjamin Elton Cox, James Farmer, Genevieve Hughes, Jimmy McDonald, James Peck, Joe Perkins, Charles Person, Hank Thomas, and a 21-year-old student at the American Baptist Theological Seminary named John Lewis. By the time of the first Freedom Rides, Thurgood Marshall and other heroes of the early Civil Rights Movement had already persuaded the Supreme Court to strike down the devastating doctrine of ’separate but equal,’ which had given legal cover to the horrors of Jim Crow for more than half a century. But for far too many Americans, that promise of equality was slow to arrive. As their buses arrived in each segregated town, the Riders were brutally attacked by vicious, hateful mobs of white supremacists. They were kicked and beaten unconscious, assaulted with bats and batons, and arrested under laws that had already been declared illegal by the Supreme Court—but which festered nevertheless. One of the two buses had its tires slashed and windows smashed before it was firebombed. The Freedom Riders remained devoted to nonviolence, displaying extraordinary physical courage and unflinching moral conviction. Despite the brutality they faced, they were joined by five other Riders along the route, and then by hundreds more joining similar rides in the months to come. The public attention they brought to a pernicious cancer in our society further inspired millions of Americans across the country, including generations of Americans who have continued the fight for civil rights in the years since. Their message of bravery, hope, and unity in diversity continues to inspire us. John Lewis was the first to withstand a physical attack, just 6 days into the trip. It was not his first act of courageous leadership and sacrifice, 135 STAT. 2642 nor his last. Across his lifetime of service in and out of Government, John Lewis was the moral compass of our Nation—though he absorbed the force of human nature’s cruelty, he emanated dignity and grace. On the anniversary of his journey on the Freedom Rides, I am reminded of the message he shared with me before he passed away last summer: that we must stay focused on the work left undone to heal this Nation. It is a call to all Americans to follow the example he set. My Administration is committed to advancing the values and aspirations of John Lewis and the Freedom Riders. On my first day in office, I signed an Executive Order establishing a comprehensive initiative to address racial equity and redress systemic racism in Federal policies, laws, and programs. I also signed a Memorandum stating that the Federal Government has a responsibility to prevent racism, xenophobia, and intolerance against anyone in the United States—as well as an additional Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. I have directed Federal agencies to preserve and strengthen the sacred right to vote using their existing legal authority. My Administration also supports further legislation to protect that most fundamental right—to make our democracy more equitable and accessible for all Americans, and to enact a new Voting Rights Act in John Lewis’s name. Today, we honor the Freedom Riders who took a stand against injustice 60 years ago. And we are inspired by the power and purpose of a dedicated few who helped spark a movement—to make us a better Nation, and to build a more perfect union for all of us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 4, 2021, as the 60th Anniversary of the Freedom Rides. I call upon all Americans to participate in ceremonies and activities that honor the Freedom Riders, those who struggled for equal rights during the Civil Rights Movement, and those working still to advance civil rights across the Nation. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10202 May 4, 2021Missing and Murdered Indigenous Persons Awareness Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10202 of May 4, 2021** Missing and Murdered Indigenous Persons Awareness Day, 2021 By the President of the United States of America A Proclamation Today, thousands of unsolved cases of missing and murdered Native Americans continue to cry out for justice and healing. On Missing and Murdered Indigenous Persons Awareness Day, we remember the Indigenous people who we have lost to murder and those who remain miss135 STAT. 2643 ing and commit to working with Tribal Nations to ensure any instance of a missing or murdered person is met with swift and effective action. Our failure to allocate the necessary resources and muster the necessary commitment to addressing and preventing this ongoing tragedy not only demeans the dignity and humanity of each person who goes missing or is murdered, it sends pain and shockwaves across our Tribal communities. Our treaty and trust responsibilities to Tribal Nations require our best efforts, and our concern for the well-being of these fellow citizens require us to act with urgency. To this end, our Government must strengthen its support and collaboration with Tribal communities. My Administration is fully committed to working with Tribal Nations to address the disproportionately high number of missing or murdered Indigenous people, as well as increasing coordination to investigate and resolve these cases and ensure accountability. I am further committed to addressing the underlying causes behind those numbers, including—among others—sexual violence, human trafficking, domestic violence, violent crime, systemic racism, economic disparities, and substance use and addiction. Federal partnerships to address the number of missing and murdered Indigenous peoples will be governed by the Nation-to-Nation foundation of our relationship with Tribal governments and respect for Tribal sovereignty and self-determination. The challenges in Tribal communities are best met by solutions that are informed and shaped by Tribal leaders and Tribal governments. Tribes across the United States have long worked to provide solutions for their communities. In April, the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation, the United States Attorney’s Office for the District of Montana, and the FBI announced the Nation’s first Tribal Community Response Plan, part of a Department of Justice pilot project to address emergent missing person cases in their community. When someone goes missing, it is often an urgent and time-sensitive situation. The Tribal community response plan lays out a blueprint for how Tribal law enforcement; local, State, and Federal law enforcement; and community members can respond when someone goes missing from a Tribal community—resolving important issues of jurisdictional overlap and gaps in order to respond swiftly and effectively. Other Tribes and Native villages such as the Muscogee (Creek) Nation in Oklahoma, Native Village of Unalakleet in Alaska, and the Bay Mills Indian Community in Michigan, are working with Federal partners on their own community response plans. My Administration has made a priority of helping to solve the issues surrounding Native Americans who go missing and those who are murdered across the United States—including high rates of Native women and girls, including transgender women and girls. We recognize there is a level of mistrust of the United States Government in many Native communities, stemming from a long history of broken promises, oppression, and trauma. That is why we are pursuing ways to build trust in our Government and the systems designed to provide support to families in need. We must bridge the gap for families in crisis, provide necessary support services, and support opportunities for healing through holistic community-driven approaches. I am committed to building on the successes of the 2013 reauthorization of the Violence Against Women Act
(VAWA)by supporting the 135 STAT. 2644 passage of the VAWA Reauthorization of 2021. Among other protections, this bill reaffirms inherent Tribal authority to prosecute certain non-Indian offenders—extending protections from domestic violence and dating violence to Native American victims of sexual violence, stalking, trafficking, child abuse, elder abuse, and assault against law enforcement or justice personnel when crimes are committed on Tribal territory. Additionally, through the American Rescue Plan we provided an additional $35 million in grants for Tribes to provide temporary housing, assistance, and supportive services to victims of domestic and dating violence, as well as supplemental funding for the StrongHearts Native Helpline, and additional funding for services for sexual assault survivors. My Administration has also committed to effectively implement the requirements of Savanna’s Act and the Not Invisible Act, legislation focused on combating the issues surrounding missing or murdered Indigenous persons. The Presidential Task Force on Missing and Murdered American Indians and Alaska Natives continues to convene the Department of Justice, the Department of the Interior, and the Department of Health and Human Services, to address the issues from a combined public health–public safety partnership. Furthering the efforts of the task force, the White House Council on Native American Affairs will bring together all relevant Federal agencies to work with Tribal Nations on exploring additional ways to enhance prevention efforts and improve access to safety and justice. Furthermore, informed by Tribal input, the Department of the Interior recently established the Missing & Murdered Unit
(MMU)within the Bureau of Indian Affairs Office of Justice Services to provide leadership and direction for cross-departmental and interagency work involving missing and murdered American Indians and Alaska Natives. The MMU will help bring the weight of the Federal Government to bear when investigating these cases and marshal law enforcement resources across Federal agencies and throughout Indian country. Our commitment to addressing these issues and to strengthening these critical partnerships is unwavering. For too long, there has been too much sorrow and worry. United by our mutual investment in healthy, safe communities, we will work together to achieve lasting progress. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 5, 2021, as Missing and Murdered Indigenous Persons Awareness Day. I call on all Americans and ask all levels of government to support Tribal governments and Tribal communities’ efforts to increase awareness of the issue of missing and murdered American Indians and Alaska Natives through appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10203 May 5, 2021National Day of Prayer, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10203 of May 5, 2021** National Day of Prayer, 2021 By the President of the United States of America A Proclamation Throughout our history, Americans of many religions and belief systems have turned to prayer for strength, hope, and guidance. Prayer has nourished countless souls and powered moral movements—including essential fights against racial injustice, child labor, and infringement on the rights of disabled Americans. Prayer is also a daily practice for many, whether it is to ask for help or strength, or to give thanks over blessings bestowed. The First Amendment to our Constitution protects the rights of free speech and religious liberty, including the right of all Americans to pray. These freedoms have helped us to create and sustain a Nation of remarkable religious vitality and diversity across the generations. Today, we remember and celebrate the role that the healing balm of prayer can play in our lives and in the life of our Nation. As we continue to confront the crises and challenges of our time—from a deadly pandemic, to the loss of lives and livelihoods in its wake, to a reckoning on racial justice, to the existential threat of climate change—Americans of faith can call upon the power of prayer to provide hope and uplift us for the work ahead. As the late Congressman John Lewis once said, “Nothing can stop the power of a committed and determined people to make a difference in our society. Why? Because human beings are the most dynamic link to the divine on this planet.” On this National Day of Prayer, we unite with purpose and resolve, and recommit ourselves to the core freedoms that helped define and guide our Nation from its earliest days. We celebrate our incredible good fortune that, as Americans, we can exercise our convictions freely—no matter our faith or beliefs. Let us find in our prayers, however they are delivered, the determination to overcome adversity, rise above our differences, and come together as one Nation to meet this moment in history. The Congress, by Public Law 100–307, as amended, has called on the President to issue each year a proclamation designating the first Thursday in May as a “National Day of Prayer.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 6, 2021, as a National Day of Prayer. I invite the citizens of our Nation to give thanks, in accordance with their own faiths and consciences, for our many freedoms and blessings, and I join all people of faith in prayers for spiritual guidance, mercy, and protection. IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10204 May 6, 2021Military Spouse Appreciation Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10204 of May 6, 2021** Military Spouse Appreciation Day, 2021 By the President of the United States of America A Proclamation As the members of our Armed Forces safeguard our Nation at home and around the world, they depend on the people they love for strength, comfort, joy, and stability. Military spouses may not always wear a uniform, but they serve and sacrifice alongside their service members and keep our military strong. On Military Spouse Appreciation Day, we recognize and thank the military spouses who serve our Nation and are critical to our national security. Military families are proud of the lives they build. Spouses understand that loving a service member means facing the challenges that can accompany their service: from leaving friends behind to changing jobs again; making parenting decisions alone to losing sleep at night; deployments to homecomings to more deployments. Those challenges have been magnified by the COVID–19 pandemic, which has led to lost income, fewer childcare options, and extended deployments. Still, military spouses have done what they do best: adapt, persevere, and keep going. When someone you love is hurting, you hurt with them. When your spouse is at home, trying to make ends meet, or is torn between taking care of your children and keeping a job, your heart breaks too. Service members cannot focus on their mission if their families do not have what they need to thrive at home, and we cannot expect to retain even the most dedicated service members if they are forced to choose between their love of country and the hopes and dreams they have for their families. That is why supporting military spouses is critical to keeping our Nation safe. On Military Spouse Appreciation Day, we recognize the importance of empowering spouses and ensuring they have the necessary tools and resources to thrive in all facets of their lives, including in the community, in the workforce, and at home. My Administration is dedicated to supporting our Nation’s military spouses. Through the First Lady’s work with *Joining Forces,* the White House has committed to supporting military and veteran families, caregivers, and survivors through economic and entrepreneurship opportunities, support for military child education, and health and wellbeing resources. Launched in 2011 as part of *Joining Forces,* the Department of Defense’s Military Spouse Employment Partnership now includes more than 500 companies, nonprofit organizations, and Federal agencies that are committed to recruiting, hiring, promoting, and retaining military spouses. Since its inception, the Partnership has supported more than 180,000 military spouses. *Joining Forces* will continue to convene and collaborate with Federal agency partners, nonprofit organizations, corporate stakeholders, and service providers to develop comprehensive, meaningful, and long-term solutions to address the holistic well-being of military and veteran families, caregivers, and survivors. And, *Joining Forces* calls upon on all Americans to support and harness the special skills, strengths, and experiences of military spouses.135 STAT. 2647 Today, we pause to salute the women and men who do so much to support our troops, invest in our communities, and sacrifice for our country. Their strength and resilience are essential to the recruitment, retention, and readiness of our fighting forces and, indeed, to the strength of our Nation. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 7, 2021, as Military Spouse Appreciation Day. I call upon the people of the United States to honor military spouses with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10205 May 7, 2021National Hurricane Preparedness Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10205 of May 7, 2021** National Hurricane Preparedness Week, 2021 By the President of the United States of America A Proclamation In 2020, the United States experienced a record year for extreme weather, with an unprecedented 30 named storms in the Atlantic Basin alone. Twelve of these storms, six of which were hurricanes, made landfall in the United States. These storms and hurricanes unleashed their devastating power on the individuals and communities in their paths. Their frequency and impact also highlight the existential threat posed to our Nation by climate change. During National Hurricane Preparedness Week, we encourage all Americans living in potentially affected areas to take precautions to ensure that they, their families, and their communities are best prepared for hurricanes, and commit to improving our resilience to climate-related catastrophes. The costs exacted by these storms, in lives, livelihoods, and property damage, are staggering. Seven of last year’s 30 named storms claimed 86 lives and caused $40 billion dollars in damage. Over the past two decades, tropical storms and hurricanes have taken over 6,000 lives in the United States and caused $853 billion in damage. These storms accounted for 60 percent of the costs of our most damaging weather events. In addition to the highly-visible damage, hurricanes also exact an unseen and long-lasting emotional toll; the trauma of a lost loved one, the sadness of losing treasured possessions, the stress of a financial setback. This is compounded for low-income communities and communities of color who are more likely to live in areas that make them vulnerable to flooding and other climate-related weather events, and less likely to have the funds to prepare for and recover from extreme weather events. As changes in our climate lead to additional extreme weather events, we must pursue research and resilience policies that keep us safe and strengthen our resilience.135 STAT. 2648 Since taking office, I have directed my Administration to put the climate crisis and the communities most vulnerable to it at the center of our domestic and foreign policy. This includes investing in weather forecasting and climate research to bolster our understanding of how our changing climate is altering the behavior of hurricanes, as well as ensuring every community has the resources to prepare for and respond to these changing storms. Although hurricanes cannot be prevented, we can predict and prepare for them. We are constantly improving our forecasts and communications with the public about the dangers posed by hurricanes. National Oceanic and Atmospheric Administration
(NOAA)forecasters work around the clock and collaborate with State, local, Tribal, and territorial emergency managers and government officials to provide actionable information before, during, and after a hurricane. NOAA also collaborates with key decision makers in Federal agencies, including the Department of Homeland Security and the Federal Emergency Management Agency (FEMA). Such collaborative work ensures that communities standing in a storm’s path have the information and resources they need to adequately prepare. After the storm, NOAA provides stakeholders with essential information for damage assessments and to re-open ports and coastal waterways critical to our Nation’s commerce. In addition to work being done by Federal, State, local, and Tribal governments, Americans should prepare themselves before a hurricane hits. Keep up with weather forecasts and have an evacuation kit prepared in case you ever need to relocate in advance of a hurricane. More information and preparedness plan templates are available from FEMA’s ready.gov website. Everyone has a role to play in hurricane preparedness and making us a Weather-Ready Nation. When hurricanes strike, that’s how we will save lives, lessen the damage to our homes, communities, and infrastructure, and recover stronger and faster. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 9 through May 15, 2021, as National Hurricane Preparedness Week. I urge all Americans to help build our Weather-Ready Nation, so that individuals are empowered and organizations can fulfill leadership roles in their communities. I call on our Federal, State, Tribal, territorial and local government agencies to share information that will protect lives and property. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10206 May 7, 2021National Women’s Health Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10206 of May 7, 2021** National Women’s Health Week, 2021 By the President of the United States of America A Proclamation It’s a simple proposition for me: women are entitled to the same rights and opportunities as men, including access to high-quality, affordable health care. National Women’s Health Week is an opportunity to focus on the work we need to do as a Nation to ensure equal access to high-quality, affordable care for women, and to build a more prosperous, healthy future for all. This starts by strengthening the Affordable Care Act, which ensures that women cannot be denied coverage for pre-existing conditions, such as pregnancy, or charged more for coverage simply because they are women. The Affordable Care Act also expanded coverage to millions of women who were previously uninsured, and made various preventive services available free of charge, including Pap smears and mammograms. In addition, it covers screening and counseling for domestic and intimate partner violence. To cover more Americans, the Biden-Harris Administration began a special open enrollment period on healthcare.gov, so that women who are uninsured have the opportunity to sign up for coverage through August 15. And, we are committed to building on the successes of this law to make coverage more affordable. The American Rescue Plan, enacted earlier this year, will save women buying coverage on their own $50 per month on their health care premiums. The theme of this year’s National Women’s Health Week is “Ending the Pandemic and Elevating Women’s Health.” The quickest and most effective way to defeat this pandemic and restore public health is through vaccination. My Administration is committed to advancing women’s health and ensuring an equitable response to the COVID–19 pandemic. We have prioritized and increased access to the COVID–19 vaccine and expanded the criteria for eligibility to include all adults over the age of 16. We encourage women to talk to their doctors, nurses, nurse practitioners, or physician assistants about the COVID–19 vaccine. And, it is important for women and girls to catch up on any missed vaccines or medical care from this past year. Delays in routine care—such as Pap smears, mammograms, bone density scans, stress tests, cholesterol screenings, blood pressure screenings, physical exams, general check-ups and other preventive health screenings—can cause many conditions to go undetected. As we mark National Women’s Health Week, let us make sure that all women and girls, particularly those with underlying health conditions such as hypertension, diabetes, cardiovascular and respiratory conditions, and mental health needs, can prioritize their own health. The COVID–19 pandemic has further revealed why the unique needs of women and girls must be centered in our health care system, and further brought to light the health disparities and systemic biases that women, particularly women of color, continue to face, including inequitable maternity care and access to reproductive health care.135 STAT. 2650 My Administration aims to address persistent and unconscionable disparities in maternal health outcomes. Pregnancy-related mortality for Black and American Indian and Alaska Native women is two to three times higher than for white, Hispanic, and Asian American and Pacific Islander women. Ensuring that all women have equitable access to health care before, during, and after pregnancy is essential. I am committed to building a health care system that delivers equity and dignity to all women and girls. In addition, we must protect access to sexual and reproductive health care, including the broad range of family planning services. As we strive to improve the health of our Nation, we must prioritize the health and well-being of our women and girls. During National Women’s Health Week, we reaffirm our commitment to this important work. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 9 through May 15, 2021, as National Women’s Health Week. During this week, I encourage all Americans to dedicate themselves to the work of improving the health of women and girls and promoting health equity for all. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10207 May 7, 2021Mother’s Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10207 of May 7, 2021** Mother’s Day, 2021 By the President of the United States of America A Proclamation Each year on the second Sunday in May, we take time to thank and celebrate mothers across America—those who give us life and believe in us, so we can believe in ourselves. Throughout our history, even as they have nurtured and guided us, mothers have built, shaped, led, and sustained our Nation with selflessness and courage. Like so many fellow Americans observing this day without their Moms with them, I will spend this Mother’s Day missing my own mom, Catherine Eugenia “Jean” Finnegan Biden. She taught me about the importance of family, loyalty, and faith. Even now, I hear her voice reminding me that everyone is equal and that we are all defined by our sense of honor, duty, and courage. Her immeasurable strength lives on in all of her children, her grandchildren, her great-grandchildren, and the many other lives that she touched. I will also spend this Mother’s Day honoring the love of my life and the life of my love, Jill. In the many years of our marriage, she has healed our family, guided us through unimaginable hardships, and 135 STAT. 2651 brought us untold joy and laughter. Her strength and determination have been our bedrock, and her warmth holds us all together. Through their unconditional love, mothers shape our lives and help us become the people we hope to be. We especially thank the mothers who have led us through the COVID–19 pandemic. From the earliest days of this crisis, so many mothers across our country have worked essential jobs, borne the brunt of our caregiving crisis, and selflessly provided support and comfort in a time of anxiety and fear. For many families, mothers took on the full-time role of teacher and caregiver when our schools and child care facilities were closed or operating remotely. In fact, this year, millions of moms left the workforce or deferred their education in order to provide care. New mothers faced pregnancy and childbirth without family and friends to support them—exacerbating a preexisting maternal health crisis which disproportionately impacts Black and Native American families. On Mother’s Day, we also honor those who have suffered the profound loss of the life of a child and those grappling with uncertainty in hopes of becoming mothers someday. We also recognize that this will be the first Mother’s Day for many families who lost their Mom due to COVID–19 and other diseases and cruel twists of fate of this past year. May God bless their memory and may this day fall gently on their loved ones left behind. When we support mothers, we support the prosperity, security, and well-being of our entire Nation. That’s why my Administration is committed to fighting for safe and equitable workplaces, addressing barriers women face at work, closing the gender wage and wealth gaps, and making quality child care affordable so parents can work, knowing their children are in good hands. We’ve already begun this work through the American Rescue Plan’s historic reductions in child poverty, ground-breaking investments in child care, and expanded support for families with children. Today, we are working to pass once-in-a-generation investments in our Nation’s future through the American Jobs Plan and the American Families Plan. With these bills, we will modernize our schools, make it easier to care for aging loved-ones, create millions of good jobs, rebuild our country’s infrastructure, and strengthen our economic competitiveness, so that all families have the opportunities they need to thrive. Our Nation would not be where we are today without the foundations built by mothers. This Mother’s Day, let us honor not only our own moms for their many contributions to our lives, but all mothers whose arms have cradled new generations and whose many gifts, unselfishly given, have blessed us all. The Congress, by joint resolution approved May 8, 1914 (38 Stat. 770), has designated the second Sunday in May each year as “Mother’s Day” and requested the President to call for its appropriate observance. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 9, 2021, as Mother’s Day. I urge all Americans to express their love, respect, and gratitude to mothers everywhere, including the figures in our lives who nurture, guide, and sacrifice for us in the ways that 135 STAT. 2652 mothers do. I call upon all citizens to observe this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10208 May 7, 2021Peace Officers Memorial Day and Police Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10208 of May 7, 2021** Peace Officers Memorial Day and Police Week, 2021 By the President of the United States of America A Proclamation Every day, we ask a great deal of the men and women of our Nation’s law enforcement agencies; from ensuring public safety, to serving as front-line workers, to responding to incidents involving domestic violence, substance use disorders, mental health challenges, and homelessness, often with limited resources. Every morning, our Nation’s law enforcement officers pin on a badge and go to work, not knowing what the day will bring, and hoping to come home safely. This year, even as the COVID–19 pandemic took a physical, mental, and emotional toll, our officers, deputies, and troopers demonstrated courage and dedication in continuing to support our communities. As we recognize Peace Officers Memorial Day and Police Week, we honor those who lost their lives in the line of duty, and thank them on behalf of this grateful Nation for their service. The economic toll of the COVID–19 pandemic has strained State, local, and Tribal budgets—forcing many communities to stretch their funding, consider layoffs, and reduce public services. My Administration will support our Nation’s law enforcement agencies and officers and work to ensure they have the resources and research tools they need to do their jobs successfully and the funding necessary to enhance officer safety and wellness, including improving access to mental health services. We will also continue to bolster initiatives that protect our law enforcement officers’ physical safety—including those that provide for bulletproof vests and active shooter training. This year, we also recognize that in many of our communities, especially Black and brown communities, there is a deep sense of distrust towards law enforcement; a distrust that has been exacerbated by the recent deaths of several Black and brown people at the hands of law enforcement. These deaths have resulted in a profound fear, trauma, pain, and exhaustion for many Black and brown Americans, and the resulting breakdown in trust between law enforcement and the communities they have sworn to protect and serve ultimately makes officers’ jobs harder and more dangerous as well. In order to rebuild that trust, our State, local, and Federal Government and law enforcement agencies must protect constitutional rights, ensure accountability for misconduct, and embrace policing that reflects community values and ensures community safety. These approaches benefit those who wear the badge and those who count on their protection.135 STAT. 2653 We must also stop tasking law enforcement with problems that are far beyond their jurisdictions. From providing emergency health care to resolving school discipline issues, our communities rely on the police to perform services that often should be the duty of other institutions. We then accuse the police of failure when responsibility lies with public policy choices they did not make. Supporting our law enforcement officers requires that we invest in underfunded public systems that provide health care, counseling, housing, education, and other social services. There are many ways we can demonstrate appreciation for our law enforcement heroes. We recognize acts of bravery through the Public Safety Officer Medal of Valor and the Law Enforcement Congressional Badge of Bravery. We must also acknowledge the challenge and value of their service through the Law Enforcement Mental Health and Wellness Act of 2017 and the Supporting and Treating Officers in Crisis Act of 2019. Should tragedy strike, Public Safety Officers’ benefits must be available for the families of officers who lose their lives or are catastrophically injured in the line of duty. This country asks much of our Federal, State, Tribal, and local police officers and deputies, and it is our solemn responsibility to ensure that those who protect and serve have the training, resources, and support they need to do their jobs well. My Administration will do everything we can to support the men and women who so courageously protect us. By a joint resolution approved October 1, 1962, as amended (76 Stat. 676), and by Public Law 103–322, as amended (36 U.S.C. 136–137), the President has been authorized and requested to designate May 15 of each year as “Peace Officers Memorial Day” and the week in which it falls as “Police Week.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim May 15, 2021, as Peace Officers Memorial Day and May 9 through May 15, 2021, as Police Week. I call upon all Americans to observe these events with appropriate ceremonies and activities. I further encourage all Americans to display the flag from their homes and businesses on that day. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10209 May 14, 2021Revoking Proclamation 9945 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10209 of May 14, 2021** Revoking Proclamation 9945 By the President of the United States of America A Proclamation The suspension of entry imposed in Proclamation 9945 of October 4, 2019 (Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Avail135 STAT. 2654 ability of Healthcare Benefits for Americans), does not advance the interests of the United States. My Administration is committed to expanding access to quality, affordable healthcare. We can achieve that objective, however, without barring the entry of noncitizens who seek to immigrate lawfully to this country but who lack significant financial means or have not purchased health insurance coverage from a restrictive list of qualifying plans. The suspension of entry imposed in Proclamation 9945 is also in tension with the policy set forth in section 1 of Executive Order 14012 of February 2, 2021 (Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans). NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that the unrestricted entry into the United States of noncitizen immigrants based solely on the reasons articulated in Proclamation 9945 is not detrimental to the interests of the United States. I therefore hereby proclaim the following: **Section 1**. *Revocation.* Proclamation 9945 is revoked. **Sec. 2**. *Review of Agency Actions.* The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 9945 and, as appropriate, issue revised guidance consistent with the policy set forth in this proclamation. **Sec. 3**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10210 May 14, 2021Armed Forces Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10210 of May 14, 2021** Armed Forces Day, 2021 By the President of the United States of America A Proclamation On Armed Forces Day, we honor and offer our profound appreciation and gratitude to the patriots who are serving in our Nation’s Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. Their professionalism and unwavering dedication to supporting and defending our Constitution has been vital in allowing our democracy to flourish, safeguarding peace and growing prosperity for our citizens, and giving hope to oppressed peoples or those facing tyranny abroad. Less than one percent of Americans serve on active duty in the Armed Forces. Those who do volunteer to put their lives on the line to protect our country and democracy wherever they are called to serve. Whether they are Active Duty, National Guard, or in the Reserve, they are true American heroes, and we all owe them. Our military members do not swear allegiance to an individual, group, or political party. Their oath is to the United States Constitution. By bringing together people from different races, religions, and sexual orientations and melding them into a cohesive fighting force, our military embodies the promise of our democratic experiment. My Administration is determined to foster an environment that empowers our Armed Forces and improves retention and promotion of the best talent, to strengthen military readiness. Any ideology, actions, or influences that seek to undermine this solidarity must be exposed and eliminated. The unmatched strength of the United States Armed Forces reflects our greatest strength as a people, our diversity. Our military has proven—time and time again—that the insistent pursuit of greater inclusion and equality makes us a more robust, more resilient, and more powerful Nation. As we pay tribute to those who serve, we acknowledge our continuing obligation to ensure that all qualified and willing Americans who wish to serve in the United States Armed Forces are able to do so openly and free from discrimination. My Administration is committed to confronting and driving out sexual assault and harassment, so that all members of the Armed Services feel safe and welcome in the ranks. We will improve retention and promotion of our best talent by using a single standard, one based on excellence. The Biden family knows personally that the burden of service does not fall solely on those who wear a uniform. Our military family members also serve our country and make great sacrifices to support their loved ones. They give their best to their service members, and we must give our best to ensuring military families have what they need to thrive. This is a national security imperative that supports military retention and readiness, and my Administration is committed to supporting policies that promote the well-being of our war fighters and their families. Through the First Lady’s work with Joining Forces, the White House has committed to supporting military and veteran families, caregivers, and survivors through economic and entrepreneurship opportunities, support for military child education, and health and well-being re135 STAT. 2656 sources. Joining Forces will continue to convene and collaborate with Federal agency partners, non-profit organizations, corporate stakeholders, and service providers to develop comprehensive, meaningful, and long-term solutions to address the holistic well-being of military and veteran families, caregivers, and survivors. The United States Armed Forces are the greatest fighting force in the history of the world. They defend universal values and advance the cause of freedom around the globe. On this day, we salute and show gratitude for all who serve and commit to ensuring our Armed Forces remain strong, united, and unmatched. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my predecessors in office, do hereby proclaim the third Saturday of each May as Armed Forces Day. I direct the Secretary of Defense on behalf of the Army, Navy, Air Force, Marine Corps, Space Force, and the Secretary of Homeland Security on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and cooperation of civil authorities and private citizens. I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States. I also invite veterans, civic leaders, and other organizations to join in the observance of Armed Forces Day each year. Finally, I call upon all Americans to display the flag of the United States at their homes and businesses on Armed Forces Day, and I urge citizens to learn more about military service by attending and participating in the local observances of the day. Proclamation 10034 of May 15, 2020, is hereby superseded. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10211 May 14, 2021Emergency Medical Services Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10211 of May 14, 2021** Emergency Medical Services Week, 2021 By the President of the United States of America A Proclamation Every day, in communities across the country, Emergency Medical Service
(EMS)providers put themselves on the line to save lives, safeguard dangerous situations, and deliver hope to families and communities in crisis. With selflessness, professionalism, and grace under fire, they provide essential care—never more so than during our battle with COVID–19 over the past year. This year’s Emergency Medical Services 135 STAT. 2657 Week theme, “THIS IS EMS: Caring for Our Communities,” honors our heroic frontline workers who provide vital emergency medical care and ease the burden of crisis for Americans in need of help. Through service, compassion, and dedication, EMS providers represent the very best of the American spirit. In the face of unprecedented challenges, their expertise, endurance, and hard work have been a literal lifeline for families in every community. Whether responding to the enormous suffering caused by COVID–19, the devastation of extreme climate events, or daily medical emergencies, EMS providers—many of whom are volunteers—prepare, sacrifice, and put others ahead of themselves. Not only do they assume the heightened risks associated with emergency care during a pandemic, but they also spend countless hours away from families and friends in order to serve their communities. In the face of these challenges, EMS providers have not hesitated to take on new roles, including supporting COVID–19 testing, therapeutics, and vaccination sites. To help support the women and men who do this vital work, my American Rescue Plan included $100 million to support the mental well-being—including the mental health—of our health care professionals, paraprofessionals, public safety officers, and EMS providers. My Administration has also made it a priority to ensure that our State, local, Tribal, and territorial partners have the resources they need so that EMS providers are trained and equipped to respond to public health emergencies safely and effectively, now and in the future. During Emergency Medical Services Week, we extend our deepest gratitude to all EMS providers. Their courage, selflessness, and commitment are extraordinary examples of what it means to serve this great country. We also extend our sincere condolences to the loved ones of EMS providers who have given their lives in the line of duty. This week and every week, I urge all Americans to express their appreciation for our Nation’s EMS providers—and to bring greater safety to their lives, and to all of our lives, by getting vaccinated to help bring an end to the COVID–19 pandemic. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 16 through May 22, 2021, as Emergency Medical Services Week. I call upon public officials, doctors, nurses, paramedics, Emergency Medical Service providers, and all the people of the United States to observe this week with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10212 May 14, 2021National Defense Transportation Day and National Transportation Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10212 of May 14, 2021** National Defense Transportation Day and National Transportation Week, 2021 By the President of the United States of America A Proclamation Since our Nation’s founding, our transportation infrastructure has enabled our economic growth and enhanced our national security. From the American merchant ships that carried supplies to support military operations during the Revolutionary War, to the Erie Canal opening the Midwest and West for growth, to the transcontinental railroad linking our Nation after the Civil War; to the interstate highway system transforming the way we travel, live, and work, our transportation infrastructure has supported national defense and powered interstate commerce. On National Defense Transportation Day and during National Transportation Week, we take time to recognize the transformational role infrastructure has played throughout our history, and reflect on the work and investment required to build an even stronger, more sustainable, and more equitable transportation system of the future. America’s transportation system has always proven vital for civilian and military organizations, something we have seen demonstrated in our Nation’s response to the COVID–19 pandemic. Dedicated workers, using a comprehensive transportation plan, including airports, highways, railroads, waterways, and public transit, enabled the Federal Government to distribute tens of millions of COVID–19 vaccines and helped us deliver over 200 million shots in my first 100 days as President. Even as we recognize the essential nature of our transportation system, we must recognize that the system was built in a way that harmed vulnerable communities, does not provide equal services to all people, creates harmful local pollution, and contributes to climate change. We also must address the fact that decades of disinvestment and neglect have caused our roads, bridges and water systems to fall into disrepair. A disproportionate number of infrastructure needs occur in underserved or underrepresented communities where people depend upon transportation systems for work and daily activities. The lack of affordable transportation options means lack of access to good-paying jobs, education, and health care. Modern and resilient infrastructure supporting reliable and affordable transportation options make the American Dream possible for all of us, regardless of geography, race, disability, or economic status. For all of these reasons, I have proposed an American Jobs Plan that will modernize 20,000 miles of highways, roads, and main streets, fix the Nation’s 10 most economically significant bridges in America in need of replacement, and repair 10,000 bridges desperately in need of upgrades to unclog traffic, keep people safe, and connect our cities, towns, and Tribes across the country. It will build back a better transportation system—one that is resilient to floods, fires, and storms, and provides equitable, affordable access to opportunity for all Americans. The American Jobs Plan will replace buses and rail cars, build new rail corridors and transit lines—easing congestion, cutting pollution, slash135 STAT. 2659 ing commute times, and opening up investment in communities that can be connected to city centers. It will reduce the bottlenecks of commerce at our ports and airports. The plan will also create good-quality jobs paying prevailing wages in safe and healthy workplaces while ensuring workers have a free and fair choice to organize, join a union, and bargain collectively with their employers. As our Nation recovers from the COVID–19 pandemic and the economic destruction it caused, we have a chance to build back better by focusing on infrastructure that reconnects communities, provides equitable access to transportation services, and mitigates the devastating effects of climate change. This month we recognize the dedicated men and women who kept this Nation moving during the depths of a global pandemic: The truckers who delivered groceries to empty store shelves; the airline crews who flew medical workers to COVID–19 hotspots; the United States military members who remained on the front lines to distribute and administer vaccines in record time; and the transportation workers who kept our systems running as economies shut down. We thank you for serving the American people and the traveling public. In recognition of the ongoing contributions of our Nation’s transportation system and in honor of the devoted professionals who work to sustain its tradition of excellence, the United States Congress has requested, by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120), that the President designate the third Friday in May of each year as “National Defense Transportation Day” and, by joint resolution approved May 14, 1962 (36 U.S.C. 133), that the week in which that Friday falls be designated as “National Transportation Week.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim Friday, May 21, 2021, as National Defense Transportation Day and May 16 through May 22, 2021, as National Transportation Week. I urge all Americans to observe these occasions with appropriate ceremonies, programs, and activities as we show our appreciation to those who build and operate our Nation’s transportation systems. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10213 May 14, 2021World Trade Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10213 of May 14, 2021** World Trade Week, 2021 By the President of the United States of America A Proclamation When the COVID–19 pandemic struck, it not only inflicted an enormous toll on American lives and livelihoods—it brought unprecedented disruption to the global economy as well. That disruption represents a major threat to workers and employers in every community 135 STAT. 2660 who rely on trade to grow jobs here at home, from small businesses that sell their goods to customers overseas, to major United States industries that depend on imported components in the products they make in America. As we work to defeat the pandemic and build back better, World Trade Week reminds us of the important role that global trade plays in creating jobs and strengthening the United States economy—and of our responsibility to pursue trade policies that center on American workers. The United States can out-compete any country in the world. We have all the skills and strengths that we need to win the competition for the future, including a fiercely innovative and productive workforce. And if we make the smart investments to hone our competitive edge, no nation will be able to match us. That is why my Administration is not only focused on creating millions of good-paying jobs here at home, and supporting America’s working families, we are committed to making the single biggest investment in American innovation and competitiveness since World War II. Through the American Jobs Plan and the American Families Plan, we will be taking on four major challenges to fortify our foundation: strengthening our industrial and innovation base to ensure that the future is made in America; investing in sustainable infrastructure and laying the foundation for a clean energy future; investing in our caring economy to ease the burden of care on working families; and advancing racial equity across the board to ensure that Americans in every community see the benefits of a revitalized economy and United States leadership on the world economic stage. To support those efforts, we are committed to strengthening existing trade policies—and developing new ones aimed toward promoting equitable growth, protecting workers’ rights, and advancing environmental justice. We are also holding our trade partners accountable and ensuring that they do not gain competitive advantages by violating workers’ rights or engaging in unfair trade practices. Enforcing our Nation’s trade rules and ensuring a level playing field is critical to making trade work for American workers and businesses. The United States is working bilaterally and multilaterally with our partners to develop standards that support workers, reduce export barriers, and hold accountable those who abuse and exploit the global trading system. We are working with international organizations to implement reforms and address current challenges, including economic, racial, and social inequities, as well as the climate crisis. If we invest in America, and if we make sure that the United States and our partners write the rules of the road when it comes to global trade, then American factory workers, retail workers, farmers, ranchers, and fishers in every community will have a better chance to earn their place in the middle class and live lives of greater opportunity. We will be more competitive around the world—and stronger, more prosperous, and more resilient here at home. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 16 through May 22, 2021, as World Trade Week. I call upon all Americans to observe this week and to celebrate with appropriate programs, ceremonies, and activities.135 STAT. 2661 IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10214 May 18, 2021National Hepatitis Testing Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10214 of May 18, 2021** National Hepatitis Testing Day, 2021 By the President of the United States of America A Proclamation Our efforts to combat the COVID–19 pandemic over the past year have reinforced many public health lessons, including the importance of communication, community engagement, and a comprehensive testing strategy to reduce the spread of infection. These same lessons hold true for another epidemic affecting our Nation: the silent epidemic of viral hepatitis. Viral hepatitis is a serious, preventable public health threat that puts people who are infected at increased risk for serious disease and death. When left undiagnosed and untreated, hepatitis B and hepatitis C can cause liver cirrhosis, liver cancer, and even early death. Hepatitis D, which occurs only among individuals infected with hepatitis B, can also cause serious liver disease. On this National Hepatitis Testing Day, I call on all Americans who are at risk for hepatitis to get tested, and for all health care providers to educate their patients about viral hepatitis. Our Nation has set a goal to eliminate viral hepatitis by 2030. Thanks to Federal investment in medical research, we have the technology and tools to provide safe and effective hepatitis vaccines and therapeutics that can reduce mortality and even lead to a cure. Despite this progress, an estimated 2.4 million Americans are living with hepatitis C, and more than 860,000 are living with hepatitis B—many of whom unknowingly suffer its effects. Approximately 200,000 Americans are infected with hepatitis D every year. Infection with hepatitis D in an individual already infected with hepatitis B—known as superinfection—leads to a more rapid progression towards liver cancer. We must increase prevention, testing, and awareness to provide people the life-saving treatment they need. Because of the Affordable Care Act, most health insurance plans must cover hepatitis B and hepatitis C testing with no cost-sharing. The Centers for Disease Control and Prevention recommends screening and testing for hepatitis B, hepatitis C, and hepatitis D based on risk, health status, and pregnancy. It is important we implement these recommendations to ensure proper treatment and help stop the spread of hepatitis. For more information on the recommendations, visit cdc.gov/hepatitis. My Administration is committed to addressing the health disparities and health inequities, which, as with so many health metrics, are also seen with viral hepatitis. Viral hepatitis disproportionately impacts Black and brown Americans, Indigenous persons, Asian Americans, Native Hawaiians, and Pacific Islanders. The interplay of factors such 135 STAT. 2662 as poverty, inadequate housing and transportation, food insecurity, access to care, access to addiction treatment and mental health care, medical mistrust, language and cultural barriers, stigma, and discrimination must be addressed if we are to eliminate these health disparities and advance health equity. The recently released Viral Hepatitis National Strategic Plan: A Roadmap to Elimination is focused on making sure more people living with viral hepatitis are tested and aware of their status and providing a roadmap for quality care and treatment. To read more about the plan, visit hhs.gov/hepatitis. The viral hepatitis epidemic is also linked with other public health threats, including HIV, sexually transmitted infections, and opioid use. Our response to the public health challenges of viral hepatitis, HIV, sexually transmitted infections, and substance use disorders will require a focus on the people and places where these risk factors intersect, and doing more to test people for viral hepatitis and other infections. We also need to scale-up vaccinations, testing, and care in settings where people at risk receive other services. Implementing point-of-care testing in outreach settings, utilizing clinical decision support tools, and increasing provider awareness and training for implementing testing recommendations will help improve diagnoses and awareness. The ability to reduce viral hepatitis infections will depend on integrated strategies and a comprehensive approach to address our ongoing challenges. Viral hepatitis exacts a significant toll on our Nation’s health, and the stigma and discrimination associated with the disease further impair the quality of life among those affected. Today, we reaffirm our commitment to ensuring everyone knows their viral hepatitis status, has access to high quality care and treatment, and lives free from stigma and discrimination. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 19, 2021, as National Hepatitis Testing Day. I encourage all Americans to join in activities that will increase awareness about viral hepatitis and increase viral hepatitis testing. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10215 May 21, 2021National Safe Boating Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10215 of May 21, 2021** National Safe Boating Week, 2021 By the President of the United States of America A Proclamation Every year, millions of Americans take time to enjoy our Nation’s waterways—one of our great natural treasures. As more Americans get vaccinated against COVID–19, and as warmer weather draws families to our Nation’s lakes, rivers, and beaches, this week serves as a critical 135 STAT. 2663 reminder of the importance of staying safe on the water. Each year during National Safe Boating Week, the Coast Guard and an array of Federal, State, and local partners help save lives and guard against accidents by highlighting safe boating practices. This year, we celebrate the 50th anniversary of the Federal Boat Safety Act of 1971. The Act created a partnership between the Federal Government and the States to improve the safety of recreational boating. It also established the National Recreational Boating Safety Program and gave the Coast Guard the authority to establish mandatory boat manufacturing and safety standards. The Coast Guard estimates that these efforts have saved nearly 100,000 lives over the last half century. While most boating trips are enjoyable and safe, tragedy still strikes with alarming frequency. Since 2000, there have been over 13,000 boating-related deaths and over 64,000 boating-related injuries, many of which could have been prevented if proper safety precautions were taken. Whether you are fishing, sailing, or out on the water with family or friends, it is essential to follow safe boating practices for your own protection and the protection of those around you. Safe boating begins with education and planning. Human error contributes to the vast majority of boating accidents, which can be minimized by taking an “on-water” boating safety course. Learning and improving your boating skills help increase the odds of an enjoyable and safe boating experience. Every American can ensure that their boat is ready for the water by obtaining a free vessel safety check offered through the U.S. Coast Guard Auxiliary. I call upon all Americans to follow safe boating practices. By following basic boating safety procedures—wearing life jackets, carrying lifesaving emergency distress and communications equipment, judiciously using the engine cut-off switch, and staying sober when boating—we can prevent the vast majority of boating fatalities and help ensure boaters on America’s coastal, inland, and offshore waters stay safe throughout the season. In recognition of the importance of safe boating practices, the Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as amended, has authorized and requested the President to proclaim annually the 7-day period before Memorial Day weekend as “National Safe Boating Week.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim May 22 through May 28, 2021, as National Safe Boating Week. I encourage all Americans who participate in boating activities to observe this occasion by learning and practicing safe boating behaviors. I also encourage the Governors of the States and Territories, and appropriate officials of all units of government, to join me in encouraging boating safety through events and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10216 May 21, 2021National Maritime Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10216 of May 21, 2021** National Maritime Day, 2021 By the President of the United States of America A Proclamation Since the first days of our Republic, America has been a proud maritime Nation. To this day, the United States Merchant Marine is a pillar of our country’s prosperity, playing a vital role in the maintenance of our economic and national security. Through every period of peace and war, our merchant mariners have been dedicated to protecting our freedom and promoting commerce. On National Maritime Day, we honor the steadfast commitment and sacrifices of the men and women who serve in the United States Merchant Marine, and recognize their essential role in safeguarding and strengthening our Nation. Called the “fourth arm of defense” by President Franklin D. Roosevelt during World War II, the Merchant Marine established itself as a cornerstone of sealift support for our Armed Forces, sailing through theaters of war to deliver troops and supplies while keeping vital ocean supply lines operating. The perseverance and dedication of the Merchant Marine contributed to the Allied victory even as they suffered one of the highest casualty rates of any of our military services. Our merchant mariners also play a critical role in times of peace. They ensure our economic security by keeping our coastal and inland waterways open to trade, while United States-flagged ships operated by American merchant mariners transport goods across our country and all over the world. United States maritime freight operations helped support $5.4 trillion of economic activity among the many non-maritime industries that depend on the Merchant Marine for access to world markets. This movement of goods domestically and internationally continues to ensure America’s economic competitiveness throughout the world—growing jobs and supporting businesses of all sizes here at home. Our merchant mariners are also critical to extending United States support and assistance to foreign nations and local communities hit hard by natural disasters and devastating crises. Even in the midst of a worldwide pandemic, these brave men and women have overcome seemingly insurmountable obstacles to fulfill their mission while keeping our Nation’s supply chains running. The operation of the United States-flagged fleet is essential in contributing to the reduction of greenhouse gas emissions and landside congestion, helping provide current and future generations with a more sustainable means of freight transportation. The industry is also working to develop and implement new technologies to continue reducing emissions—an effort my Administration is supporting through new international partnerships. The maritime industry has long provided opportunity for Americans of all backgrounds—and the Merchant Marine continues to advance a more equitable industry in which barriers to entry and advancement are eliminated. On this National Maritime Day, we honor the brave merchant mariners who provide critical support to our troops stationed in warzones, and 135 STAT. 2665 who are essential to our Nation’s economic success. Recognizing the contributions of our merchant mariners, my Administration strongly supports protecting the Jones Act—the cornerstone of our domestic maritime industry. We must protect those who protect our country. The Congress, by a joint resolution approved May 20, 1933, has designated May 22 of each year as “National Maritime Day” to commemorate the first transoceanic voyage by a steamship in 1819 by the S.S. Savannah. By this resolution, the Congress has authorized and requested the President to issue annually a proclamation calling for its appropriate observance. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 22, 2021, as National Maritime Day. I call upon all Americans to observe this day and to celebrate with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10217 May 26, 2021Honoring the Victims of the Tragedy in San Jose, California GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10217 of May 26, 2021** Honoring the Victims of the Tragedy in San Jose, California By the President of the United States of America A Proclamation As a mark of respect for the victims of the senseless acts of violence perpetrated on May 26, 2021, in San Jose, California, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, May 30, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10218 May 28, 2021Prayer for Peace, Memorial Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10218 of May 28, 2021** Prayer for Peace, Memorial Day, 2021 By the President of the United States of America A Proclamation On Memorial Day, we honor and reflect upon the courage, integrity, and selfless dedication of the members of our Armed Forces who have made the greatest sacrifice in service to our Nation. Whether in the waters of the Pacific, on the beachheads of Europe, in the deserts of the Middle East, or in the mountains of Afghanistan, American service members have given their lives to uphold our Constitution and to defend the safety and freedoms of our citizens. These patriots embody the best of the American spirit. They put themselves on the line for our shared values—for duty, honor, country—and they paid the ultimate price. Our Nation can never fully repay the debt we owe to our fallen heroes and their families. Jill and I know what it means to have a child serving in a war zone—the ever-present concern for your loved one and their fellow service members. Today and every day, we ask God to protect our troops. We also recognize the tremendous loss endured by America’s Gold Star families—the families of military members who died in conflict. We have a sacred obligation as a Nation to support those families and to always honor the memories of their loved ones. That is the vow we make each year on Memorial Day. Our Nation will never forget the courage and patriotism demonstrated by the countless women and men who laid down their lives so that we may continue to pursue a more perfect Union and to protect the unalienable rights Americans hold dear. They came from every part of the country, of every background and belief, united by a shared belief in our uniquely American creed—that all people are created equal. We will honor their legacy by continuing our work to live up to that commitment and to advance the values they lived and died to defend. We will continue to fight for equity and inclusion in our country and institutions, and ensure every qualified American who is willing to serve our country—regardless of race, religion, gender identity, sexual orientation, or background—has a fair and equal opportunity to do so. We will continue to honor our fallen service members through the actions of a new generation who volunteer to serve in uniform, who anchor our military to our democratic values, and who stand ready to deter aggression from our enemies and, if required, fight and defend our Nation. Today—as we keep true to the memory of our fallen heroes—we will endeavor to meet their legacy and once more lead the world through the power of our example and not just the example of our power. As our Nation’s service members continue to risk their lives to protect our homeland and thwart our enemies, we must not lose sight of our desire for enduring peace. Every day, countless Americans pray and work for peace so that we may one day live in a world where American patriots need not make the ultimate sacrifice, and where all people live in freedom and prosperity. As a Nation, we are grateful to the brave members of our Armed Services—both past and present—who have forged the legacy for that possibility.135 STAT. 2667 In honor and recognition of all of our fallen service members, the Congress, by a joint resolution approved May 11, 1950, as amended (36 U.S.C. 116), has requested that the President issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer and reflection. The Congress, by Public Law 106–579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim Memorial Day, May 31, 2021, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11:00 a.m. of that day as a time when people might unite in prayer and reflection. I urge the press, radio, television, and all other information media to cooperate in this observance. I further ask all Americans to observe the National Moment of Remembrance beginning at 3:00 p.m. local time on Memorial Day. I request the Governors of the United States and its Territories, and the appropriate officials of all units of government, to direct that the flag be flown at half-staff until noon on this Memorial Day on all buildings, grounds, and naval vessels throughout the United States and in all areas under its jurisdiction and control. I also request the people of the United States to display the flag at half-staff from their homes for the customary forenoon period. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10219 May 31, 2021Day of Remembrance: 100 Years After the 1921 Tulsa Race Massacre GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10219 of May 31, 2021** Day of Remembrance: 100 Years After the 1921 Tulsa Race Massacre By the President of the United States of America A Proclamation One hundred years ago, a violent white supremacist mob raided, firebombed, and destroyed approximately 35 square blocks of the thriving Black neighborhood of Greenwood in Tulsa, Oklahoma. Families and children were murdered in cold blood. Homes, businesses, and churches were burned. In all, as many as 300 Black Americans were killed, and nearly 10,000 were left destitute and homeless. Today, on this solemn centennial of the Tulsa Race Massacre, I call on the American people to reflect on the deep roots of racial terror in our Nation and recommit to the work of rooting out systemic racism across our country. Before the Tulsa Race Massacre, Greenwood was a thriving Black community that had grown into a proud economic and cultural hub. At its center was Greenwood Avenue, commonly known as Black Wall 135 STAT. 2668 Street. Many of Greenwood’s 10,000 residents were Black sharecroppers who fled racial violence after the Civil War. In the decades following the Civil War and Reconstruction, Greenwood became a place where Black Americans were able to make a new start and secure economic progress despite the continued pain of institutional and overt racism. The community was home to a growing number of prominent Black entrepreneurs as well as working-class Black families who shared a commitment to social activism and economic opportunity. As Greenwood grew, Greenwood Avenue teemed with successful Black-owned businesses, including restaurants, grocery stores, hotels, and offices for doctors, lawyers, and dentists. The community also maintained its own school system, post office, a savings and loan institution, hospital, and bus and taxi service. Despite rising Jim Crow systems and the reemergence of the Ku Klux Klan, Greenwood’s economic prosperity grew, as did its citizens’ demands for equal rights. This made the community a source of pride for many Black Americans. It also made the neighborhood and its families a target of white supremacists. In 2 days, a violent mob tore down the hard-fought success of Black Wall Street that had taken more than a decade to build. In the years that followed, the destruction caused by the mob was followed by laws and policies that made recovery nearly impossible. In the aftermath of the attack, local ordinances were passed requiring new construction standards that were prohibitively expensive, meaning many Black families could not rebuild. Later, Greenwood was redlined by mortgage companies and deemed “hazardous” by the Federal Government so that Black homeowners could not access home loans or credit on equal terms. And in later decades, Federal investment, including Federal highway construction, tore down and cut off parts of the community. The attack on Black families and Black wealth in Greenwood persisted across generations. The Federal Government must reckon with and acknowledge the role that it has played in stripping wealth and opportunity from Black communities. The Biden-Harris Administration is committed to acknowledging the role Federal policy played in Greenwood and other Black communities and addressing longstanding racial inequities through historic investments in the economic security of children and families, programs to provide capital for small businesses in economically disadvantaged areas, including minority-owned businesses, and ensuring that infrastructure projects increase opportunity, advance racial equity and environmental justice, and promote affordable access. A century later, the fear and pain from the devastation of Greenwood is still felt. As Viola Fletcher, a 107-year-old survivor of the Tulsa Race Massacre courageously testified before the Congress recently, “I will never forget the violence of the white mob when we left our home. I still see Black men being shot, Black bodies lying in the street. I still smell smoke and see fire. I still see Black businesses being burned. I still hear airplanes flying overhead. I hear the screams. I have lived through the massacre every day. Our country may forget this history, but I cannot.” With this proclamation, I commit to the survivors of the Tulsa Race Massacre, including Viola Fletcher, Hughes Van Ellis, and Lessie Benningfield Randle, the descendants of victims, and to this Nation 135 STAT. 2669 that we will never forget. We honor the legacy of the Greenwood community, and of Black Wall Street, by reaffirming our commitment to advance racial justice through the whole of our government, and working to root out systemic racism from our laws, our policies, and our hearts. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 31, 2021, a Day of Remembrance: 100 Years After The 1921 Tulsa Race Massacre. I call upon the people of the United States to commemorate the tremendous loss of life and security that occurred over those 2 days in 1921, to celebrate the bravery and resilience of those who survived and sought to rebuild their lives again, and commit together to eradicate systemic racism and help to rebuild communities and lives that have been destroyed by it. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of May, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10220 June 1, 2021Black Music Appreciation Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10220 of June 1, 2021** Black Music Appreciation Month, 2021 By the President of the United States of America A Proclamation Throughout our history, there has been no richer influence on the American songbook than Black music and culture. From early spirituals born out of the unconscionable hardships of slavery; to the creation of folk and gospel; to the evolution of rhythm and blues and jazz; to the ascendance of rock and roll, rap, and hip-hop—Black music has shaped our society, entertained and inspired us, and helped write and tell the story of our Nation. During Black Music Appreciation Month, we honor the innovative artists whose musical expressions move us, brighten our daily lives, and bring us together. Across the generations, Black music has pioneered the way we listen to music while preserving Black cultural traditions and sharing the unique experiences of the Black community. Black artists have dramatically influenced what we all hear and feel through music—joy and sadness, love and loss, pride and purpose. Black music has always stood on its own—a beacon of resilience and resistance—while at the same time helping to shape countless other musical and cultural traditions. From the syncopated rhythms of jazz to the soulful expressions of R&B, Black music spans an extraordinarily broad spectrum of genres and styles. The distinct voices and instruments of Black artists have filled the halls of the Apollo Theater in New York City, Preservation Hall in New Orleans, the Fillmore in San Francisco, and other iconic venues throughout the United States and around the world, energizing audiences and inspiring millions. The music created and expressed by Black communities has paved the way 135 STAT. 2670 for generations of musicians across all races, creeds, colors, religions, sexual orientations, and identities. The creativity and spirit of Black music is everywhere, and our Nation and the world are richer for it. This month, we also honor the many important contributors to our Nation’s musical heritage that are no longer with us. And although they have taken their final bows, their musical legacies and influence will live on in our hearts and souls, and inspire a new generation of artists and fans. In appreciating the indelible contributions of Black Americans to the music landscape, we must also recognize the crisis of racial inequity that Black Americans have faced in America for centuries—a crisis that is often reflected and challenged in Black music. We must rededicate ourselves to rooting out systemic racism from every part of our society, and work together to advance racial justice and equity. In the music industry, that work includes identifying and eliminating barriers that Black creatives face in producing and maintaining ownership of their music and other creations. In this month of June, we celebrate the Black music that has shaped and enlivened our lives and our country, and recommit ourselves to advancing racial equity for artists—and for everyone. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as Black Music Appreciation Month. I call upon public officials, educators, and all the people of the United States to observe this month with appropriate activities and programs that raise awareness and appreciation of Black music. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10221 June 1, 2021Great Outdoors Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10221 of June 1, 2021** Great Outdoors Month, 2021 By the President of the United States of America A Proclamation America’s great outdoors, diverse landscapes, and pristine waterways are a limitless source of pride, inspiration, and sustenance of both body and soul—and an essential part of our national identity. It is our shared responsibility as Americans to be good stewards of these irreplaceable treasures for our children and grandchildren, and for generations to come. During Great Outdoors Month, we celebrate our Nation’s natural wonders, and rededicate ourselves to conserving nature’s splendor for all Americans and safeguarding our environment against the existential threat of climate change and other challenges. Our Nation is blessed by an abundance of incredible outdoor spaces that provide opportunities for exploration, recreation, and rejuvena135 STAT. 2671 tion. From the Sierra Nevadas to the Ozark Trail to the Everglades—to local trails and parks in every part of the country—the outdoors inspire creativity, provide educational opportunities, and bring communities together. This past year, so many of us have developed an even greater appreciation for the powerful role that outdoor spaces play in our physical and mental well-being—providing outlets for activity, solace, and connection in the midst of a devastating pandemic. Now more than ever, we must rise to meet the challenges of environmental degradation, climate change, and inequitable access to nature. The natural world provides critical resources that sustain all life on Earth—from the air we breathe and the water we drink to the food we eat. Ensuring that we maintain healthy ecosystems and a resilient planet is not just a matter of environmentalism. It is also critical to our health, our safety, the security of our families, and the strength of our economy. My Administration is committed to taking swift action to address the existential threat of climate change. I have proposed a major investment to put Americans to work building critical industries to produce and deploy clean technologies—reducing harmful emissions, and putting us on the path to a more sustainable and equitable future while creating millions of good-paying jobs. We are going to put Americans to work building a clean, resilient power grid; capping hundreds of thousands of abandoned oil and gas wells and coal mines to put a stop to methane leaks; constructing the next generation of electric vehicles; and developing new carbon capture and green hydrogen technologies on farms and in factories to make everything from our steel and cement to our agricultural sector cleaner and more sustainable. We will also speed up implementation of the Great American Outdoors Act, which invests in conservation projects that will benefit communities across the country—including Black and brown communities that have too often been excluded from our great outdoor spaces. My Administration has also outlined a new “America the Beautiful” initiative to bring the Federal Government together with State, Tribal, and local partners to conserve at least 30 percent of our lands and waters by 2030. During Great Outdoors Month, I encourage all Americans to explore our Nation’s beautiful outdoor spaces. As we enjoy the great outdoors—from national parks to our own backyards—let us rededicate ourselves to conserving our Nation’s natural spaces for our own well-being, and for the health, safety, prosperity, and fulfillment of generations to come. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as Great Outdoors Month. I urge all Americans to explore the great outdoors, to experience our Nation’s natural heritage, and to continue our Nation’s tradition of preserving and conserving our lands for future generations. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10222 June 1, 2021Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10222 of June 1, 2021** Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month, 2021 By the President of the United States of America A Proclamation The uprising at the Stonewall Inn in June, 1969, sparked a liberation movement—a call to action that continues to inspire us to live up to our Nation’s promise of equality, liberty, and justice for all. Pride is a time to recall the trials the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community has endured and to rejoice in the triumphs of trailblazing individuals who have bravely fought—and continue to fight—for full equality. Pride is both a jubilant communal celebration of visibility and a personal celebration of self-worth and dignity. This Pride Month, we recognize the valuable contributions of LGBTQ+ individuals across America, and we reaffirm our commitment to standing in solidarity with LGBTQ+ Americans in their ongoing struggle against discrimination and injustice. The LGBTQ+ community in America has achieved remarkable progress since Stonewall. Historic Supreme Court rulings in recent years have struck down regressive laws, affirmed the right to marriage equality, and secured workplace protections for LGBTQ+ individuals in every State and Territory. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act broadened the definition of hate crimes to include crimes motivated by sexual orientation or gender identity. Members of the LGBTQ+ community now serve in nearly every level of public office—in city halls and State capitals, Governors’ mansions and the halls of the Congress, and throughout my Administration. Nearly 14 percent of my 1,500 agency appointees identify as LGBTQ+, and I am particularly honored by the service of Transportation Secretary Pete Buttigieg, the first openly LGBTQ+ person to serve in the Cabinet, and Assistant Health Secretary Dr. Rachel Levine, the first openly transgender person to be confirmed by the Senate. For all of our progress, there are many States in which LGBTQ+ individuals still lack protections for fundamental rights and dignity in hospitals, schools, public accommodations, and other spaces. Our Nation continues to witness a tragic spike in violence against transgender women of color. LGBTQ+ individuals—especially youth who defy sex or gender norms—face bullying and harassment in educational settings and are at a disproportionate risk of self-harm and death by suicide. Some States have chosen to actively target transgender youth through discriminatory bills that defy our Nation’s values of inclusivity and freedom for all. Our Nation also continues to face tragic levels of violence against transgender people, especially transgender women of color. And we are still haunted by tragedies such as the Pulse Nightclub shooting in Orlando. Ending violence and discrimination against the LGBTQ+ community demands our continued focus and diligence. As President, I am committed to defending the rights of all LGBTQ+ individuals. My Administration is taking historic actions to finally deliver full equality for LGBTQ+ families. On my first day in office, I signed an Executive Order charging Federal agencies to fully enforce all Federal 135 STAT. 2673 laws that prohibit discrimination on the basis of gender identity or sexual orientation. As a result, the Federal Government has taken steps to prevent discrimination against LGBTQ+ people in employment, health care, housing, lending, and education. I also signed an Executive Order affirming all qualified Americans will be able to serve in the Armed Forces of the United States—including patriotic transgender Americans who can once again proudly and openly serve their Nation in uniform—and a National Security Memorandum that commits to supporting LGBTQ+ Federal employees serving overseas. My Administration is also working to promote and protect LGBTQ+ human rights abroad. LGBTQ+ rights are human rights, which is why my Administration has reaffirmed America’s commitment to supporting those on the front lines of the equality and democracy movements around the world, often at great risk. We see you, we support you, and we are inspired by your courage to accept nothing less than full equality. While I am proud of the progress my Administration has made in advancing protections for the LGBTQ+ community, I will not rest until full equality for LGBTQ+ Americans is finally achieved and codified into law. That is why I continue to call on the Congress to pass the Equality Act, which will ensure civil rights protections for LGBTQ+ people and families across our country. And that is why we must recognize emerging challenges, like the fact that many LGBTQ+ seniors, who faced discrimination and oppression throughout their lives, are isolated and need support and elder care. During LGBTQ+ Pride Month, we recognize the resilience and determination of the many individuals who are fighting to live freely and authentically. In doing so, they are opening hearts and minds, and laying the foundation for a more just and equitable America. This Pride Month, we affirm our obligation to uphold the dignity of all people, and dedicate ourselves to protecting the most vulnerable among us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month. I call upon the people of the United States to recognize the achievements of the LGBTQ+ community, to celebrate the great diversity of the American people, and to wave their flags of pride high. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10223 June 1, 2021National Caribbean-American Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10223 of June 1, 2021** National Caribbean-American Heritage Month, 2021 By the President of the United States of America A Proclamation America’s diversity is and always has been the defining strength of our Nation—in every generation, our society, spirit, and shared ambitions 135 STAT. 2674 have been refreshed by wave after wave of immigrants seeking out their American dream. Throughout our history, Caribbean Americans have brought vibrant cultures, languages, traditions, and values that strengthen our country and add new chapters to our common story. In recognition of Caribbean Americans’ countless gifts and contributions to our Nation, we celebrate National Caribbean-American Heritage Month. Caribbean Americans have made our country more innovative and more prosperous; they have enriched our Nation’s arts and culture, our public institutions, and our economy. I am honored to celebrate this National Caribbean-American Heritage Month alongside Caribbean-American barrier-breaking public servants in my Administration—including Vice President Kamala Harris, Secretary of Homeland Security Alejandro Mayorkas, Secretary of Education Miguel Cardona, and Domestic Policy Advisor Susan Rice—all of whom continue to be sources of pride and inspiration for Caribbean Americans across the country. Caribbean-American intellects and artists like James Weldon Johnson, the poet who gave us the anthem, *Lift Every Voice and Sing*; celebrated neo-expressionist painter Jean-Michel Basquiat; and John B. Russwurm, the first Caribbean-American editor of a U.S. newspaper, have left a lasting impact on our country. Caribbean-American jurists like Constance Baker Motley, the first Black woman appointed to the Federal bench, and the Nation’s first Latina Supreme Court Justice, Sonia Sotomayor, have made innumerable contributions to the American justice system. Shirley Chisholm, the daughter of Caribbean immigrants, blazed new trails as our Nation’s first Black Congresswoman—and the first Black woman to launch a major-party bid for the Presidency. Public servants like Antonia Novello, our Nation’s first female Surgeon General, and Colin Powell, our first Black Secretary of State, have followed in her footsteps, charting new paths of their own in service to the American people. Despite the powerful legacy of achievement of Caribbean Americans, many members of the Caribbean-American community continue to face systemic barriers to equity, opportunity, and justice. Systemic racism has uniquely impacted Black and Latino immigrant communities, including Caribbean Americans, leading to disparities in health care, education, housing, criminal justice, and economic opportunity. My Administration is committed to addressing those entrenched disparities—and to bringing our Nation closer to its promise that all people are created equal and deserve to be treated equally throughout their lives. That is why I have launched a whole-of-government approach to advancing racial justice and equity. During National Caribbean-American Heritage Month, we celebrate the legacy and essential contributions of Caribbean Americans who have added so much to our American fabric. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Caribbean-American Heritage Month. I encourage all Americans to join in celebrating the history, culture, and achievements of Caribbean Americans with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the 135 STAT. 2675 Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10224 June 1, 2021National Homeownership Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10224 of June 1, 2021** National Homeownership Month, 2021 By the President of the United States of America A Proclamation For millions of Americans, homeownership is the cornerstone of a life with security, with dignity, and with hope. A home is more than four walls and a roof; it is a place where we can celebrate triumphs and weather the trials of life. A place where we can watch our families grow and prosper. A place that helps us build wealth we can pass down to our children and our grandchildren. The aspiration to own a home is connected deeply to the American dream. It has driven generations of Americans, in search of a place to call one’s own. Today, for people across the United States, the desire to own a home burns as brightly as it ever has. Yet the stark reality is that, for too many, the dream of homeownership is becoming more difficult to realize and sustain. This is especially true in the wake of the economic devastation inflicted by the COVID–19 pandemic. We also know that people of color continue to face discrimination in our housing market—when trying to secure mortgages, to have their homes appraised, and to live in neighborhoods where their families can thrive. In recent years, the homeownership gap between Black and white families reached its widest point since 1968, when banks could still legally discriminate against borrowers based on the color of their skin. This is economically and morally wrong, and it is why, as President, I have made it a central priority to expand stability and opportunity within our housing market. On my first day in office, I took executive action to extend foreclosure moratoriums for nearly 11 million households with mortgages guaranteed by the Federal Government. My Administration introduced and passed the American Rescue Plan, which will deliver nearly $10 billion in relief for homeowners who have fallen behind on their mortgage payments during the pandemic. And to create greater opportunities for homeownership moving forward, we have proposed the American Jobs Plan—which can spur the construction and rehabilitation of more than 500,000 homes for buyers of more modest means. The Department of Housing and Urban Development will continue to advance affordable and sustainable homeownership throughout our Nation. This will require that we help more hardworking Americans purchase their first homes, increase access to credit and mortgage insurance for borrowers of color, and fully enforce the 1968 Fair Housing Act—to root out systemic discrimination from our housing market and 135 STAT. 2676 break down the unjust barriers that prevent too many Americans from buying a home. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Homeownership Month. I call upon the people of this Nation to recognize the enduring value of homeownership and to recommit ourselves to helping more Americans realize that dream. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10225 June 1, 2021National Immigrant Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10225 of June 1, 2021** National Immigrant Heritage Month, 2021 By the President of the United States of America A Proclamation America is, always has been, and always will be a Nation of immigrants. It was the premise of our founding; it is reflected in our Constitution; it is etched upon the Statue of Liberty—that “from her beacon-hand glows world-wide welcome.” During National Immigrant Heritage Month, we reaffirm and draw strength from that enduring identity and celebrate the history and achievements of immigrant communities across our Nation. Across each generation throughout our history, wave after wave of immigrants have enriched our Nation and made us better, stronger, more innovative, and more prosperous. The American story includes the story of courageous families who ventured here—be it centuries ago, or just this year—from every part of the world to seek new possibilities and help to forge our Nation. In every era, immigrant innovators, workers, entrepreneurs, and community leaders have fortified and defended us, fed us and cared for us, advanced the limits of our thinking, and broken new ground. After an especially difficult period marked by both the COVID–19 pandemic and the all-too-frequent demonization of immigrants, it is vital that our Nation reflect on the leadership, resilience, and courage shown by generations of immigrant communities, and recommit ourselves to our values as a welcoming Nation. We recognize all of the workers, many of whom are immigrants, who have contributed to the food security, health, and safety of all Americans during this challenging year—and every year. And we honor the sacrifices made by immigrants who serve on the front lines of the pandemic as health care providers, first responders, teachers, grocers, farm workers, and other essential workers. It was these same immigrant families and communities of color who were disproportionately struck by the virus. In honor of those we’ve lost, let us dedicate ourselves as a Nation to protecting one another and doing our part to put an end to this pandemic for good.135 STAT. 2677 The promise of our Nation is that every American has a fair shot and an equal chance to get ahead, yet systemic racism and persistent barriers have denied this promise to far too many immigrants throughout our history and today. I have placed equity at the center of my Administration’s agenda. From day one, I promised that my Administration would reflect the full diversity of our Nation—and today, nearly one-third of my Administration’s 1,500 political appointees are naturalized U.S. citizens or children of immigrants. I have directed Federal agencies to rebuild trust in our immigration system that has been lost, to reach out to underserved communities unable to access the opportunities our Nation offers them, to offer again a welcoming humanitarian hand to the persecuted and oppressed, and to reduce barriers to achieving citizenship and equality. I am honored to serve alongside Vice President Harris, the first daughter of immigrants to hold the Office of the Vice President, and to work with so many dedicated public servants who are immigrants—and who carry with them every day the legacies of their families’ sacrifice and resilience. Despite the progress our Nation has made since our founding, there is more work to be done to extend the full promise of America to all our people. Nearly 11 million people in this country are undocumented—and it is time that the Congress acts by passing the U.S. Citizenship Act of 2021, the immigration reform plan that I introduced on day one of my Presidency. My plan would provide a pathway to lawful permanent residency and citizenship for these undocumented immigrants, including Dreamers, individuals with Temporary Protected Status, farm workers, and other essential workers who contribute to our Nation every day. Vice President Harris and I affirm that immigrants historically have made and continue to make our Nation stronger. I urge my fellow Americans to join us this month in celebrating immigrant heritage, stories, and cultures. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Immigrant Heritage Month. I call upon the people of the United States to learn more about the history of immigrant communities throughout the generations following our Nation’s founding, and to observe this month with appropriate programming and activities. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10226 June 1, 2021National Ocean Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10226 of June 1, 2021** National Ocean Month, 2021 By the President of the United States of America A Proclamation The world’s ocean basins are critical to the success of our Nation and, indeed, to life on Earth. The ocean powers our economy, provides food for billions of people, supplies 50 percent of the world’s oxygen, offers recreational opportunities for us to enjoy, and regulates weather patterns and our global climate system. During National Ocean Month, we celebrate our stewardship of the ocean and coasts, and reaffirm our commitment to protecting and sustaining them for current and future generations. My Administration is dedicated to improving our Nation’s public health by supporting resilient ocean habitats, wildlife, and resources in which all Americans rely on. Through our “America the Beautiful” initiative, we are working with State, Tribal, and local partners to conserve at least 30 percent of United States lands and waters by 2030—so that our natural world can continue to supply the food, clean air, and clean water that every one of us depends on to survive. We are also committed to supporting safe, plentiful, and sustainable seafood harvesting for domestic consumption and export, and reducing public health risks such as harmful algal blooms that have proliferated as a result of climate change and the acidification of our waters. The ocean has always been essential to our economy, and that will remain true as we build back better and develop the clean industries and good jobs of the future. My plan to dramatically expand offshore wind energy over the next 10 years will provide good-paying union jobs and a sustainable source of clean energy. Investing in resilient, reliable coastal infrastructure—including modern ports and waterways—that can withstand the impacts of rising seas and powerful storms will keep our economy competitive in the global marketplace while making our families safer. Conserving and restoring coastal wetlands and habitats will also strengthen our efforts to tackle climate change, improve the resilience of coastal communities, and help restore nursery areas that are important to our fisheries. Investing in our fishing communities and supporting local seafood supply options will also be critical to helping us build a climate-resilient, sustainable ocean economy. Climate change is a global challenge that is integrally linked to the ocean. By protecting our ocean and coastal ecosystems and resources, we are also protecting the worldwide economies and people that depend on them. To address these challenges, we are building on our Nation’s long legacy of ocean exploration and research to gain new insights into ocean ecosystems and biodiversity and ways the ocean can sequester and store carbon. Marine life, changing ocean conditions, and plastic and other pollution pay no attention to national boundaries. That is why we must focus on a worldwide approach to conservation and sustainability. In collaboration with our international partners, my Administration will continue America’s global leadership in ocean science, stewardship, and conservation. Our engagement in international efforts, such as the United Nations Decade of Ocean Science for Sustainable Development, reflects the priorities and values of my 135 STAT. 2679 Administration to ensure that ocean science delivers greater benefits for the American people, the people of the world, and international ocean ecosystems. My Administration is also committed to delivering climate justice, including ensuring equitable access to our ocean and coasts for all Americans—and working to ensure that Indigenous Americans, Black Americans, and other people of color are no longer forced to shoulder disproportionate climate and environmental burdens, as they historically have. My Administration will work hard to further break down the barriers many communities of color face by creating new opportunities to diversify ocean-related access and workforces. We will also equip educators with tools to teach our Nation’s youth how to become a powerful generation of ocean stewards. It is imperative that we take proper action now to ensure that the ocean continues to thrive. During National Ocean Month, we recognize the central role of a healthy ocean in sustaining all of our lives, and pledge to find innovative ways to conserve, protect, and restore our ocean. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 2021 as National Ocean Month. I call upon Americans to take action to protect, conserve, and restore our ocean and coasts. IN WITNESS WHEREOF, I have hereunto set my hand this first day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10227 June 11, 2021Flag Day and National Flag Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10227 of June 11, 2021** Flag Day and National Flag Week, 2021 By the President of the United States of America A Proclamation In the midst of a revolution, less than a year after declaring our independence, the Congress consecrated what would become an enduring emblem of American unity by adopting a national flag on June 14, 1777. In the 244 years since, the United States has grown and changed across the generations—and our flag has changed in turn. The blue field of stars has been enlarged as our Union has gained in size and strength. The 13 stripes, symbolizing the 13 original States, have held as constant as the bedrock values upon which our Nation was first conceived—the very same values we still cherish, and still reach for, today. Since adoption of the Stars and Stripes, Americans—and people around the world—have continuously looked to our flag as a symbol of unity and liberty. Our flag has sailed around the globe, and journeyed to the Moon and, now, to Mars. It has flown on fields of battle, 135 STAT. 2680 and marks the resting places of those who have given what President Lincoln called “the last full measure of devotion” for our country. Its prominence at civic landmarks and seats of public authority communicates the promise of democracy—that under this flag, the rule of law is supreme and the people reign. As we continue the sacred work of building a more perfect Union together, let our flag serve as a reminder to us, and to the world, that America stands for and strives for the promise of freedom, justice, and equality for all. To commemorate the adoption of our flag, the Congress, by joint resolution approved August 3, 1949, as amended (63 Stat. 492), designated June 14 of each year as “Flag Day” and requested that the President issue an annual proclamation calling for its observance and for the display of the flag of the United States on all Federal Government buildings. The Congress also requested, by joint resolution approved June 9, 1966, as amended (80 Stat. 194), that the President issue annually a proclamation designating the week in which June 14 occurs as “National Flag Week” and calling upon all citizens of the United States to display the flag during that week. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim June 14, 2021, as Flag Day, and the week starting June 13, 2021, as National Flag Week. I direct the appropriate officials to display the flag on all Federal Government buildings during this week, and I urge all Americans to observe Flag Day and National Flag Week by displaying the flag. I encourage the people of the United States to observe with pride and all due ceremony those days from Flag Day through Independence Day, set aside by the Congress (89 Stat. 211), as a time to honor the American spirit, to celebrate our history and the foundational values we strive to uphold, and to publicly recite the Pledge of Allegiance to the Flag of the United States of America. IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10228 June 14, 2021World Elder Abuse Awareness Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10228 of June 14, 2021** World Elder Abuse Awareness Day, 2021 By the President of the United States of America A Proclamation Older Americans make invaluable contributions to our families, our communities, and our Nation every day. But for far too many, the sacred promise of aging with dignity in America is broken by unconscionable incidents of abuse, neglect, or exploitation. On World Elder Abuse Awareness Day, Americans of all ages join the international community to raise awareness and help bring an end to elder abuse. Elder abuse can take many forms, including financial, emotional, physical, or sexual abuse, as well as exploitation and neglect. Every year, one in ten Americans aged 60 and older experiences abuse—and for 135 STAT. 2681 every case of elder abuse that comes to the attention of authorities, it is estimated that 23 cases are never brought to light. Since the start of the COVID–19 pandemic, we have also seen a chilling increase in hate crimes targeting Asian-Americans, many of whom have been elders. These attacks are shameful and deeply un-American. Central to our Nation is the idea that we are all in this together, and that as Americans we owe one another a basic duty of care. The pandemic has both reinforced the importance of that duty and tested our capacity to meet it—the virus has exacerbated the quiet harm of social isolation among seniors around the world, a condition that makes abuse, neglect, and exploitation more likely. Having lost so many cherished seniors to this virus, we must recommit ourselves to fully including older Americans in our communities and systems of support. We must care for one another—and leave no one behind. With over three-quarters of Americans 65 and over now fully vaccinated and more progress being made every day, the future for seniors is growing brighter and brighter. After a painful year, grandparents around the world are hugging their grandchildren again. Vaccinated seniors who were socially isolated are able to reengage with the broader community again. And as we begin to build back better, we are working to ensure that older Americans have greater opportunities to live with dignity, safety, independence, and social connections. My Administration is committed to fulfilling that promise. That’s why the American Rescue Plan included more than $1.4 billion in additional funding for programs that promote community living and ensure the safety and protection of older adults. The law also enhances the Elder Justice Act and ensures that Adult Protective Services can be used to protect the safety and dignity of all seniors. Additionally, the plan included new Medicaid funding to expand access to critical home and community-based health care services, and over $275 million for elder justice programs that address abuse, neglect, and exploitation. The American Jobs Plan and American Families Plan will further that progress, building up the care infrastructure that our economy and so many families depend on—expanding day programs for seniors, programs that bring care workers to seniors’ homes to cook meals, and programs to help seniors get around their home safely and live more independently. As we expand opportunities for older Americans, my Administration will also not tolerate elder abuse or hate in any form. I have instructed agencies across the Federal Government to do their part to combat elder abuse and support survivors. We are working to renew and strengthen the Violence Against Women Act, which also dedicates Federal funds to develop a more comprehensive approach to addressing abuse and neglect in later life, including through the funding of victim service providers, law enforcement, and prosecutors working to prevent and respond to domestic violence, sexual assault, and stalking experienced by older adults, whether caused by a spouse, family member, caregiver, or others. And this year, for the first time, the Federal Government has provided funding to Adult Protective Services programs in every State and Territory to support their critical, on-the-ground work investigating abuse and connecting victims to resources. During World Elder Abuse Awareness Day, we also recognize the individuals who dedicate themselves to preventing elder abuse. All across 135 STAT. 2682 our Nation, caregivers work to help older adults stay connected to their communities while preventing elder abuse and intervening if it occurs. These unsung heroes include family members, Adult Protective Services workers, social service providers, nonprofit victim services organizations, long-term care ombudspersons, law enforcement officers, judges and judicial personnel, legal professionals, health care professionals, and financial professionals. On World Elder Abuse Awareness Day, we stand with all older Americans, and elderly people around the world, who are victims of elder abuse, neglect, and financial exploitation, and we recommit ourselves to protecting every senior’s right to live their golden years with dignity and respect. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 15, 2021, as World Elder Abuse Awareness Day. I call upon all Americans to work for elder justice by building inclusive communities that welcome people of all ages and abilities; by learning the warning signs of elder abuse, neglect, and exploitation; and by challenging age-related biases. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10229 June 18, 2021Juneteenth Day of Observance, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10229 of June 18, 2021** Juneteenth Day of Observance, 2021 By the President of the United States of America A Proclamation On June 19, 1865—nearly nine decades after our Nation’s founding, and more than 2 years after President Lincoln signed the Emancipation Proclamation—enslaved Americans in Galveston, Texas, finally received word that they were free from bondage. As those who were formerly enslaved were recognized for the first time as citizens, Black Americans came to commemorate Juneteenth with celebrations across the country, building new lives and a new tradition that we honor today. In its celebration of freedom, Juneteenth is a day that should be recognized by all Americans. And that is why I am proud to have consecrated Juneteenth as our newest national holiday. Juneteenth is a day of profound weight and power. A day in which we remember the moral stain and terrible toll of slavery on our country—what I’ve long called America’s original sin. A long legacy of systemic racism, inequality, and inhumanity. But it is a day that also reminds us of our incredible capacity to heal, hope, and emerge from our darkest moments with purpose and resolve.135 STAT. 2683 As I said on the 100th Anniversary of the Tulsa Race Massacre, great nations don’t ignore the most painful chapters of their past. Great nations confront them. We come to terms with them. On Juneteenth, we recommit ourselves to the work of equity, equality, and justice. And, we celebrate the centuries of struggle, courage, and hope that have brought us to this time of progress and possibility. That work has been led throughout our history by abolitionists and educators, civil rights advocates and lawyers, courageous activists and trade unionists, public officials, and everyday Americans who have helped make real the ideals of our founding documents for all. There is still more work to do. As we emerge from the long, dark winter of the COVID–19 pandemic, for example, racial equity remains at the heart of our efforts to vaccinate the Nation and beat the virus. We must recognize that Black Americans, among other people of color, have shouldered a disproportionate burden of loss—while also carrying us through disproportionately as essential workers and health care providers on the front lines of the crisis. Psalm 30 proclaims that “weeping may endure for a night, but joy cometh in the morning.” Juneteenth marks both the long, hard night of slavery and discrimination, and the promise of a brighter morning to come. My Administration is committed to building an economy—and a Nation—that brings everyone along, and finally delivers our Nation’s founding promise to Black Americans. Together, we will lay the roots of real and lasting justice, so that we can become the extraordinary country that was promised to all Americans. Juneteenth not only commemorates the past. It calls us to action today. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 19, 2021, as Juneteenth Day of Observance. I call upon the people of the United States to acknowledge and celebrate the end of the Civil War and the emancipation of Black Americans, and commit together to eradicate systemic racism that still undermines our founding ideals and collective prosperity. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10230 June 18, 2021Father’s Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10230 of June 18, 2021** Father’s Day, 2021 By the President of the United States of America A Proclamation Like so many fathers, my dad was a man of decency, honor, generosity, and kindness. He had a profound impact on me, and instilled in me the understanding of the basic truth that everyone is entitled to be treated with dignity and respect. The value set my father taught me, 135 STAT. 2684 I taught to my children and my grandchildren. I hold his words, his wisdom, and his influence in my heart every day and every time I sign my name as President, Joseph R. Biden, Jr. Father’s Day is a time to recognize, appreciate, and celebrate the fathers and father figures in our lives who lift us up on their shoulders and shape our lives for the better. We thank the dads who have guided, taught, coached, cared for us, and supported us through life’s trials and tribulations. And, we celebrate all that they impart: character and perspective, lessons borne from experience, and the sacrifices made from love. We also know this can be a hard day for many—for those who have lost a father, a grandfather, a stepfather, or a fatherly role model; and for those fathers who have lost a child of their own. During the past year, too many families lost fathers too soon because of and during this pandemic. We think of them today and every day, and we honor their enduring memories and legacies. My Administration is committed to strengthening American families and easing the burdens of caregiving, so that more fathers and mothers can raise children while pursuing fulfilling lives and careers of their own. The American Families Plan would provide 12 weeks of paid family leave, so that all parents who work outside the home can spend precious time with their newborn children or care for their children and other loved ones when they get sick. By investing in our caregiving infrastructure, we can help ensure that no father or mother has to choose between putting food on the table or caring for their children. My Administration is also committed to helping single moms and dads, many of whom shoulder all of the parenting responsibility in their children’s lives, sacrificing greatly to ensure that their kids have the same opportunities as everyone else. Today, we express our appreciation for the fathers, stepfathers, grandfathers, and father figures who enrich our character, love us unconditionally, and give so much of themselves every day so we can live lives worthy of their dreams and sacrifices. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, in accordance with a joint resolution of the Congress approved April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim June 20, 2021, as Father’s Day. I direct the appropriate officials of the Government to display the flag of the United States on all Government buildings on this day. Let us remember our fathers, living and deceased, and give them the honor and gratitude they deserve. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10231 June 30, 202150th Anniversary of the 26th Amendment GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10231 of June 30, 2021** 50th Anniversary of the 26th Amendment By the President of the United States of America A Proclamation Our Constitution recognizes that, as a Nation, we are constantly learning. Our Founders built that recognition into its original design, providing a mechanism to amend our Constitution as our Nation evolved. On July 1, 1971, our Nation ratified the 26th Amendment to the Constitution, lowering the voting age to 18. At the time, 18-, 19-, and 20-year-old Americans were fulfilling their civic duties: paying taxes, serving in our Armed Forces, acting as first responders, laboring in fields, factories, and service jobs across the country, and pursuing higher education. They were participating in our democracy and all of the responsibilities of citizenship in all ways except for one: they could not vote. A broad coalition, following in the footsteps of the suffragettes of the early 20th century and the civil rights activists of the 1960s, advocated, educated, and prevailed in persuading our Nation that those younger Americans were entitled to the right to vote. We also made a national commitment that the right to vote would never be denied or abridged for any adult voter based on their age. My first race for the Senate was one of the first elections in which 18-year-olds could vote, and the energy and passion of Delaware’s young people helped propel me to an unlikely victory. Fifty years later, younger voters remain essential to our civic infrastructure. They are not only voting in our elections—including at record rates in 2020—but winning them. Younger Americans are lending their talent and vision to school boards, city councils, and county commissions; teenagers are serving as State legislators and mayors, and we are the better for it. Younger voters are not waiting to inherit the future; they are building the future themselves. Young Americans have been on the front lines in the fight to defend the right to vote and expand access to the ballot box for all eligible voters. Their civic engagement extends beyond voting—with young Americans leading the calls for racial justice, climate action, gun violence prevention, and immigration reform among many other issues. Despite the progress we have made, there remain persistent gaps in turnout between younger voters and their older counterparts. There is still more that we can and must do to deliver on the promise of the 26th Amendment. My Administration has made public service and civic education a priority, engaging younger Americans in our shared struggle for continual progress. I have directed Federal agencies to consider ways to make it easier to vote and to learn about voting, and to focus on the various ways that the Federal Government engages younger Americans, online and off. Today’s youth are more diverse than past generations—and laws aimed at suppressing voter turnout in Black and Brown communities also impact young voters. My Administration supports the For the People Act and the John Lewis Voting Rights Advancement Act to protect the fundamental right to vote and make our democracy more equitable and accessible for all Americans. 135 STAT. 2686 Today, we honor the bipartisan expansion of voter enfranchisement. Let us continue our work to make the 26th Constitutional Amendment ever more meaningful in the months and years ahead. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 1, 2021, as the 50th Anniversary of the 26th Amendment. I call upon all Americans to participate in ceremonies and activities that honor the 26th formal modification of our national Charter, that recognize the contributions made by voters enfranchised by its terms, and that work toward full participation of all who are eligible to vote. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of June, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth. JOSEPH R. BIDEN, JR. 10232 July 15, 2021National Atomic Veterans Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10232 of July 15, 2021** National Atomic Veterans Day, 2021 By the President of the United States of America A Proclamation On July 16, 1945, the United States detonated the world’s first nuclear device in Alamogordo, New Mexico. Better known by its code name, “Trinity,” the successful test of the first atomic bomb brought forth a new age of science that changed the lives of many of those who served in our Armed Forces, and forever altered the nature and the risks of war. Just weeks later, the world witnessed the horrors of nuclear destruction at Hiroshima and Nagasaki, which marked the end of World War II but opened our eyes to the truth that a nuclear war must never be fought. Many brave men and women have risked their lives in service to our Nation, but few know the story of our “Atomic Veterans”—American military service members who participated in nuclear tests between 1945 and 1962, served with United States military forces in or around Hiroshima and Nagasaki through mid-1946, or were held as prisoners of war in or near Hiroshima or Nagasaki. These veterans served at testing sites like the Bikini Atoll and witnessed the destructive power of nuclear weapons firsthand. On National Atomic Veterans Day, we recognize and honor the contributions of America’s Atomic Veterans for their sacrifice and dedication to our Nation’s security, and recommit to supporting our Atomic Veterans and educating ourselves on the role these patriots played in our national story. Atomic Veterans served our Nation with distinction, but their service came at a great cost. Many developed health conditions due to radiation exposure, yet because they were not able to discuss the nature of their service, they were unable to seek medical care or disability compensation from the Department of Veterans Affairs for their illnesses. Decades later in 1996, the United States Congress repealed the Nuclear Radiation and Secrecy Agreements Act, allowing Atomic Vet135 STAT. 2687 erans to tell their stories and file for benefits. By then, thousands of Atomic Veterans had died without their families knowing the true extent of their service. Our Nation has one truly sacred obligation: to properly prepare and equip our troops when we send them into harm’s way, and to care for them and their families when they return from service. As Commander in Chief, I am committed to fulfilling our obligation to the Atomic Veterans and their families, and ensuring that all of our Nation’s veterans have timely access to needed services, medical care, and benefits. On this National Atomic Veterans Day, our country remembers the service and sacrifices of Atomic Veterans. Their heroism and patriotism will never be forgotten and we always honor their bravery and devotion to duty. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 16, 2021, as National Atomic Veterans Day. I call upon all Americans to observe this day with appropriate ceremonies and activities that honor our Nation’s Atomic Veterans whose brave service and sacrifice played an important role in the defense of our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of July, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10233 July 16, 2021Captive Nations Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10233 of July 16, 2021** Captive Nations Week, 2021 By the President of the United States of America A Proclamation From the founding of our Nation to today, through the crucibles of war and the struggle of successive generations, America has strived to uphold the ideals of freedom and democracy upon which our country was built and expand the ability of people around the world to freely exercise their rights. As the world’s longest-standing democracy, we carry a special responsibility to lead at home and abroad, not only by the example of our power, but by the power of our example—to prove to ourselves and to the world that democracy can deliver for all people. Though much has changed in the world since President Eisenhower issued the first Captive Nations Proclamation in 1959, its call for liberty and opportunity still ring true. During Captive Nations Week, we recommit ourselves to those principles which form the foundation of our Nation, and to amplify the voices of courageous individuals around the world who are striving to advance the principles of human rights, justice, and the rule of law. Today, far too many people are subject to routine abuses of power, as oppressive governments detain, harass, or commit acts of violence against dissenting voices; disseminate disinformation and propaganda; 135 STAT. 2688 undermine democratic systems; and otherwise violate the public trust. These abuses are not new—but they remain as stern a threat to human rights and freedom as they have ever been. No nation or person of conscience can ignore the voices of those crying out for liberty. We hear Belarusians peacefully calling for democratic elections, and the courageous people of Hong Kong demanding the autonomy and liberty promised by Beijing under the Sino-British Joint Declaration and Hong Kong’s Basic Law. We hear millions of Uyghurs and other ethnic and religious minorities in Xinjiang, China, who have been unjustly interned and subject to surveillance and forced labor. We hear the determination of those rejecting military rule in Burma, resisting dictatorship in Venezuela, taking to streets in Cuba to demand freedom in the face of brutal state repression, and pressing for free and fair elections in Nicaragua—as well as the Crimean Tatars, ethnic Ukrainians, and other ethnic and religious minorities who suffer repression for opposing Russia’s illegal occupation of Crimea. The American creed, which defines our Nation, proclaims that all people are created equal, and deserve to be treated equally, with dignity and respect, throughout their lives. We stand in solidarity with the brave human rights activists and pro-democracy advocates around the world who risk their lives for the rights of others. We are committed to ensuring that all those who are oppressed across the globe—including people with disabilities, women and girls, members of the LGBTQI+ community, indigenous populations, and racial and ethnic minorities—are heard, respected, and protected. During Captive Nations Week, we recommit ourselves to the timeless, vital work of advancing freedom and justice for all. We do that by forging a more equitable and inclusive society, by solving problems and helping to ease the burdens people face, and by fulfilling our role as a global leader for human rights and fundamental freedoms of expression, association, peaceful assembly, and religion or belief. Together with our allies and partners, we must continue to strengthen democratic institutions, defend independent civil society and media freedom, promote free and fair elections, protect human rights online, insist on accountability for those who commit abuses and foster cultures of corruption, and push back against authoritarianism around the world. The Congress, by joint resolution approved July 17, 1959 (73 Stat. 212), has authorized and requested the President to issue a proclamation designating the third week of July of each year as “Captive Nations Week.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim July 18 through July 24, 2021, as Captive Nations Week. I call upon all Americans to reaffirm our commitment to championing those around the world who strive for liberty and justice for all. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of July, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10234 July 26, 2021Made in America Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10234 of July 26, 2021** Made in America Week, 2021 By the President of the United States of America A Proclamation Made in America Week recognizes a basic idea: when we spend taxpayer dollars, we should buy American products and support American jobs. The Congress passed the Buy American Act almost 90 years ago, but we have never fully lived up to this principle. During Made in America Week, we recognize that just as American manufacturing was the Arsenal of Democracy in World War II, American products and services must be part of the engine of American prosperity today. We also reject the defeatist view that the forces of automation and globalization mean we cannot have good-paying union jobs here in America. My Administration is making “Buy American” a policy, not just a promise. We are closing loopholes and strengthening standards to ensure that the future is made in all of America—by all of America’s workers—in every region, of every background, in services, manufacturing, and agriculture. That is why one of my first acts as President was to sign an Executive Order to tighten existing Buy American policies, and to lay out additional commitments to prevent big corporations and special interests from using loopholes to redirect American taxpayer dollars to foreign companies. And, I have named our Nation’s first-ever Made in America Director at our Office of Management and Budget. When we Buy American, we will buy from all of America. We will include communities that have historically been left out of Government procurement, Black, Brown, and Native American small businesses and entrepreneurs in every region of the country. We will use a federally funded, national network called the Manufacturing Extension Partnership to help government agencies connect with new domestic suppliers across the country. The COVID–19 pandemic demonstrated our need for greater manufacturing capacity in areas critical to public health, information and communications technology, and national defense. To build our economy back better, we must have an industrial strategy based on public investment in new technologies, including the domestic production of clean energy goods, critical medical supplies, and the innovative industries of the future. We must prioritize the creation of high skill, high value jobs that empower workers and pay family-supporting wages. We must reject short-termism, offshoring, and a race to the bottom. That is why my Administration is committed to using Made in America policies that give America’s workers and companies the tools they need to compete and lead globally for decades to come. We will send clear market signals so that entrepreneurs make the investments our Nation needs. We will ensure that Made in America preferences are applied consistently and transparently. We will gather data to reveal gaps in our industrial base, and work to close those gaps and boost our economy’s productive capacity. And we will ensure that 135 STAT. 2690 diversity, equity, inclusion, and accessibility are at the center of all of these efforts. My Administration will maximize the Federal Government’s use of goods, products, and materials produced in, and services offered in, the United States. These purchases will maximize our efforts to empower workers and strengthen unionization, tackle the climate crisis, and build and rebuild critical supply chains so that we will never again have to rely on imports from unreliable trading partners to combat threats to our public health. We will also reduce the need for waivers from Made in America rules by creating incentives for private investment in domestic supply chains in critical industries. As we focus on “Made in America,” we are committed to strengthening relationships with allies and trading partners. Resilient supply chains must have built in redundancies—a health crisis or natural disaster in one location must never again threaten the global economy. We must work with our trading partners to promote equitable growth, protect workers’ rights, and advance environmental justice globally. By using Made in America policies as one tool of many to rebuild our industrial base and strengthen critical supply chains, we will help put the American dream within reach for our Nation’s families today, and for generations to come. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 26 through July 30, 2021, as Made in America Week. I call upon all Americans to observe this week and to celebrate with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10235 July 26, 2021National Korean War Veterans Armistice Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10235 of July 26, 2021** National Korean War Veterans Armistice Day, 2021 By the President of the United States of America A Proclamation The United States and the Republic of Korea are allies with a long history of shared sacrifice. In a call to defend freedom and democracy abroad, 1.8 million Americans joined the fight to protect our Korean Peninsula allies from the communist regimes in North Korea and The People’s Republic of China. In 1953, after 3 years of violent combat and millions of casualties, an armistice was signed by representatives of the United States, The People’s Republic of China, and North Korea. The armistice made possible the exchange of prisoners of war as well as an opportunity to negotiate a peaceful settlement. Almost 70 years later, that settlement still has not been reached, and the Korean Penin135 STAT. 2691 sula remains divided along the 38th parallel. Yet, the Republic of Korea has grown into a thriving, vibrant country, and the enduring relationship between our two nations has flourished through decades of peace. Today, we take this opportunity to honor, remember, and pay tribute to the Korean War veterans who fought to defend those universal values and freedoms that the people of South Korea enjoy today. American service members, along with our United Nations counterparts, fought through some of the most unforgiving terrain and weather conditions on the Korean Peninsula. Through searing summer heat, bitter winter cold, and torrential rains, our forces fought with relentless courage, resilience, and perseverance. In the mountains, valleys, and rice paddies, the battles fought and lives lost in Inchon, the Chosin Reservoir, Heartbreak Ridge, and the Pusan Perimeter, we remember their valor. Earlier this year, I had the great privilege of awarding the Medal of Honor to Colonel Ralph Puckett, Jr., USA (Ret.), a legend in the Army Ranger community, for his extraordinary selflessness and heroism during the Korean War in the Battle of Hill 205. His story, and those of all our veterans of the Korean War, remind every American the high price of freedom. We shall never forget the service members who made the ultimate sacrifice. On the National Mall at the Korean War Memorial, a Wall of Remembrance will be established to further honor and venerate the more than 36,000 American lives lost during the war, along with more than 7,000 Korean Augmentation to the United States Army soldiers who were killed in action. As a grateful Nation, we owe it to the families of the fallen to memorialize, commemorate, and pay tribute to the heroes who have given their lives for our Nation—and to uphold and honor the democratic values for which they fought. We must also always recognize the patriotism and service of our veterans and their families and caregivers, and uphold our sacred obligation to provide the support they need when they come home. Our commitment to protecting peace on the Korean Peninsula has endured and grown in the ensuing decades. We are immensely proud of our historic friendship and the trust we share with the Republic of Korea. The service and sacrifices of both our nations have left an indelible determination to sustain peace and promote regional stability. Training side-by-side with the Korean military, our Armed Forces abroad help keep the watch while proudly upholding the legacy of those serving before them. Our partnership remains crucial to maintaining peace and stability today, and to expanding economic growth in a critical region of the world. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 27, 2021, as National Korean War Veterans Armistice Day. I call upon all Americans to observe this day with appropriate ceremonies and activities that honor and give thanks to our distinguished Korean War Veterans. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand twenty-one, and 135 STAT. 2692 of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10236 July 26, 2021Anniversary of the Americans With Disabilities Act, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10236 of July 26, 2021** Anniversary of the Americans With Disabilities Act, 2021 By the President of the United States of America A Proclamation Thirty-one years ago, on July 26, 1990, our Nation moved closer to the fulfillment of its foundational promise when we passed the Americans with Disabilities Act (ADA). This landmark law affirms and protects the fundamental rights of people with disabilities—the right to equal opportunity, economic self-sufficiency, independent living, and equitable participation in every aspect of American life. For more than three decades, the ADA has made our communities, our economy, and our country stronger and more vibrant. It has helped to uphold the dignity of the estimated 61 million Americans who live with a disability—in short, it is a triumph of American civil rights. I was enormously proud to co-sponsor the ADA, the passage of which was a testament not only to fearless advocacy, but to bipartisan progress. A Democratic bill signed by a Republican President, the ADA was made possible thanks in no small part to the passion and persistence of Senators Tom Harkin and Ted Kennedy and Congressmen Major Owens and Tony Coelho. I will never forget the moment just after the ADA’s passage, when Senator Harkin delivered a speech in American Sign Language from the Senate floor—a tribute to his older brother, Frank, who was deaf. That moment was an emotional reminder for all of us of just how personal and powerful the passage of the ADA would be for millions of American families. Despite the extraordinary progress we have made over the past 31 years, the fight for equitable access and inclusion is far from over. The COVID–19 pandemic has compounded the longstanding inequities and biases that exist for people with disabilities; persistent discrimination and the inability to access services continues to threaten the health and well-being of far too many Americans. Throughout the pandemic, people with disabilities have faced heightened risks—particularly those who lack access to caregiver or support services, those who live in community homes, and the disproportionate share of people with disabilities employed in industries that suffered due to the pandemic. Children and students living with disabilities have also faced an especially challenging year, forced to navigate and adapt to online learning as the virus upended their usual school routines. As we work to finish the job of defeating COVID–19, my Administration is committed to building on the legacy of the ADA. The American Rescue Plan is providing funding to expand access to home- and community-based services under Medicaid, which will allow more people with disabilities to live safely and independently in their homes. My Build Back Better agenda would build on this by making significant investments in home- and community-based services for people with dis135 STAT. 2693 abilities and older Americans. It will also spur the creation of quality jobs with good pay, good benefits, and the ability to organize and collectively bargain for caregivers. My Administration is also committed to advancing the rights of people with disabilities in the workplace to support economic self-sufficiency. I have proposed eliminating outdated provisions in the Fair Labor Standards Act that allow employers to pay workers with disabilities less than the minimum wage. My proposal includes funding this transition with $2 billion to expand access to competitive, integrated employment opportunities for workers with disabilities. In addition, I am committed to making the Federal Government a model employer—including for people with disabilities—to set the gold standard for how best to support inclusion and provide appropriate accommodations. To that end, I recently signed an Executive Order to advance diversity, equity, inclusion, and accessibility in the Federal Workforce—a pledge to lead by example to promote economic stability and good paying jobs for Americans with disabilities. Before I became President, I promised that every policy my Administration pursued—from rebuilding our middle class, to fighting climate change, to achieving universal health coverage—would be created with the full inclusion and dignity of Americans with disabilities in mind. I am proud to say that since my first day in office, my Administration has delivered on that promise. As we celebrate the monumental legacy of the ADA, we recommit ourselves today to upholding and strengthening its protections—and continuing to advance equity, dignity, access, and inclusion together with the disability community as we build our Nation back better. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim July 26, 2021, the Anniversary of the Americans with Disabilities Act. I encourage Americans across our Nation to celebrate the 31st year of this civil rights law and the many contributions of individuals with disabilities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of July, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10237 August 6, 2021National Health Center Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10237 of August 6, 2021** National Health Center Week, 2021 By the President of the United States of America A Proclamation In 1965, our Nation launched its first community health centers to improve the lives and well-being of Americans regardless of their ability to pay. These health centers were a key component of President Lyndon B. Johnson’s “Great Society” series of policy initiatives to eliminate poverty and racial injustice, and today serve as the bedrock on which our public health system was built. Today, health centers are 135 STAT. 2694 one of the largest health care providers in the country and provide high-quality affordable, accessible, and value-based primary health care services to 29 million Americans each year—approximately 1 in 11 people across the country. They have also been a vital part of our Nation’s response to the COVID–19 pandemic. Over the course of National Health Center Week, we recognize the importance of federally-supported health centers and the role they play as a beacon of strength, service, and care in our communities. Health centers integrate medical, dental, and behavioral health care services into a single “health home” and consistently yield strong patient outcomes. Health centers also play a critical role in reducing racial and ethnic, geographic, socioeconomic, and other health disparities in the United States. They are invaluable to ensuring that our Nation’s underserved populations, especially individuals and families living in poverty, rural communities, and communities of color are able to receive the care they need and deserve. Our Nation’s recovery from the COVID–19 pandemic is stronger because of our health centers, and the tireless, dedicated health center employees who continue to deliver critical services such as COVID–19 testing, treatment, and prevention services on the front lines. As we ramped up the distribution of COVID–19 vaccines over the past several months, health centers, through the Health Center COVID–19 Vaccine Program, have vaccinated and built vaccine confidence in millions of Americans from hard-hit and high-risk communities. Two-thirds of individuals vaccinated at health centers so far identify as racial and ethnic minorities. Health centers have also offered greater flexibility during the pandemic by expanding telehealth services to those in need. I believe that health care in America should be a right, not a privilege. No one should have to lay awake at night staring at the ceiling wondering what they are going to do to get the care they need or to pay the bills if a family member gets sick. That is why I will do everything in my power to ensure that all Americans have access to the quality, affordable health care they deserve—and the peace of mind it brings. In support of that goal, my Administration is committed to expanding health centers and increasing access to their life-saving services. That is why we invested more than $7.6 billion to help health centers prevent and respond to COVID–19 and improve health care services—including over $1 billion for major infrastructure and renovation projects at health centers across the country through the American Rescue Plan. I am also committed to doubling the Federal investment in community health centers to further expand access to care and make strides in our pursuit of health equity. During National Health Center Week, we recognize the importance of health centers and their staff who heal and strengthen our local communities. We salute their dedication and service. As our Nation builds back better, we commit to working together to bring about a stronger, healthier Nation for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim the week of August 8 through August 14, 2021, as National Health Center Week.135 STAT. 2695 IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10238 August 13, 2021National Employer Support of the Guard and Reserve Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10238 of August 13, 2021** National Employer Support of the Guard and Reserve Week, 2021 By the President of the United States of America A Proclamation Since our founding, courageous men and women have vowed to serve and defend our country, protect our citizens, and uphold the principles of our Constitution. The citizen Soldiers and Airmen of the National Guard, and the Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen of the Reserve, proudly carry on this tradition today. During National Employer Support of the Guard and Reserve Week, we thank and celebrate the civilian employers whose support of our National Guard and Reserve members helps to sustain our all-volunteer force and our national spirit of service. National Guard and Reserve members are essential to the safety and security of our Nation, ready to serve at home or abroad at any moment’s notice. From working on the frontlines of the COVID–19 pandemic, to responding to storm damage and raging wildfires, to deploying overseas, supporting peacekeeping missions abroad, and conducting multilateral exercises with allies and partner nations, National Guard and Reserve members put their lives on hold—away from both their families and their civilian workplaces—to stand as a shield or a support whenever our country is in need. When they complete their mission, National Guard and Reserve members return to their civilian careers and fulfill their obligation of monthly weekend drills and annual trainings—always ensuring they are ready to answer the next call to serve. We owe a profound gratitude to our National Guard and Reserve members, as well as their civilian employers. In supporting their talented employees’ service to our Nation, employers of National Guard and Reserve members directly contribute to our military readiness and our national security. As our Guard and Reserve members navigate the challenges that accompany their service, many civilian employers go above and beyond to support our service members and their families. National Guard and Reserve members should not have to worry about their civilian employment while they are serving on a mission, and many employers are stepping up with generous pay and leave policies, extension of benefits like health care for family members, and flexibility and support for Guard and Reserve spouses to help fulfill our sacred obligation as a Nation to always take care of those who serve in uniform. My Administration understands the national security imperative behind improving the well-being of our service members and their fami135 STAT. 2696 lies as they balance the pressures of their civilian careers with the demands of military service. Through the First Lady’s work with Joining Forces, we are committed to supporting military and veteran families, caregivers, and survivors through economic and entrepreneurship opportunities, support for military child education, and health and well-being resources. Ensuring continuing economic opportunities for military and veteran families through meaningful employment is essential, and we are grateful for all of the employers who understand the value in hiring and retaining National Guard and Reserve members and their spouses. The Biden family is a National Guard family, and we are forever grateful and in awe of those who, like our son Beau, understand that duty and service to others is what makes us who we are as Americans. We understand some of the unique challenges that National Guard and Reserve members and their families face—challenges that are made smaller because of the incredible, patriotic support of their employers. I encourage all Americans to join me in recognizing and thanking employers of our National Guard and Reserve members for their vast contributions to our economy, our communities, and the success of our Nation and our Armed Forces. I also encourage National Guard and Reserve members to recognize their employers who have gone above and beyond in supporting them with the Employer Support of the Guard and Reserve (ESGR), the Department of Defense program that promotes cooperation and understanding between civilian employers and their National Guard and Reserve employees. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 15 through August 21, 2021, as National Employer Support of the Guard and Reserve Week. I call upon the people of the United States, State and local officials, private organizations, and all military commanders to honor employers of National Guard and Reserve members with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10239 August 26, 2021Women’s Equality Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10239 of August 26, 2021** Women’s Equality Day, 2021 By the President of the United States of America A Proclamation Today, we celebrate Women’s Equality Day, a reminder not only of the progress women have won through the years, but of the important work that remains to be done. One hundred and one years ago, the ratification of the 19th Amendment moved our Nation one essential step closer to fulfilling its foundational promise—establishing at long last that no American’s right to vote could be denied or abridged on the 135 STAT. 2697 basis of gender. As we reflect on the decades-long effort to win the fight for universal suffrage, we also remember the women of color who helped lead the movement to ratify the 19th Amendment, whose own rights would still be denied for years to come despite their hard-earned victory. We celebrate their extraordinary courage and resolve, and rededicate ourselves to the work we still have ahead of us to protect voting rights across our country. When the 19th Amendment was ratified, millions of women across the country could finally make their voices heard at the ballot box. But even with its ratification, millions were denied those rights by law or by practice through poll taxes, literacy tests, and campaigns of violence and terror that targeted voters of color. It took another 45 years before the Voting Rights Act secured the voting rights of millions of Americans of color, and an additional 10 years before voting protections would reflect the many languages Americans speak. Through these measures and others, our country has taken major strides to strengthen voting rights and expand access to make it easier for Americans to exercise their sacred right to vote. These victories have been especially vital for women, who often face increased caregiving demands and take on a disproportionate amount of low-wage and inflexible work—making it harder to take time off to vote in-person or wait out longer lines at the polls. Women are also disproportionately impacted by voter ID laws—especially married women who change their names, or those whose IDs do not accurately reflect their gender. Efforts to improve voting access have paid off; in 2020, we witnessed the greatest number of votes ever cast in American history. And one barrier that had stood for more than two centuries was finally dismantled with the inauguration of America’s first woman Vice President, Kamala Harris. But the struggle to ensure that every American is able to exercise their right to vote continues, especially for women of color. In the years prior to the 2020 election and in the months since, we have seen a wave of shameless attacks on voting—burdening a constitutional right with obstacles that overwhelmingly impact voters of color, low-income communities, and people with disabilities. These tactics are nothing new. But they are an affront to our most cherished values and rights as a Nation. As I have said before, some things in America should be simple and straightforward. Perhaps the most important—the most fundamental—is the right to vote and to vote freely. With it, anything is possible. Without it, nothing is. My Administration is committed to bearing out the promise of the suffragists, who understood that for women to attain true equality in our country, they must have an equal place at the ballot box. As the Vice President has said, the status of women is the status of democracy. This is true abroad, too, where we are committed to strengthening women’s political participation and leadership around the world. In fulfillment of my Administration’s commitment to equality for all, we are focused not only on the sacred right to vote, but on making sure that all Americans have the opportunity to fully participate in our society. It is long past time we pass the Equal Rights Amendment, to en135 STAT. 2698 shrine the principle of gender equality in our Constitution, because no one’s rights should be denied on account of sex. On Women’s Equality Day, we recognize the unique challenges and barriers women face, and the rights that need defending and strengthening. These rights include a woman’s constitutional right to reproductive freedom and access to health care, regardless of zip code or income—and the right of every woman and girl to live free from violence, whether online, in the home, at school, or in the workplace. To ensure that women are treated fairly in our economy and in the workforce, we are also committed to fighting for pay equity, combating discrimination in the workplace, and passing family-friendly policies that help women and all of us manage caregiving and career responsibilities. Today, as we celebrate Women’s Equality Day, we recognize the pioneers whose fight for suffrage paved the way for future generations of leaders—and we recognize our duty to continue that fight to ensure that our daughters can enjoy the same rights and opportunities as our sons. Let us honor the efforts of trailblazers and barrier-breakers with meaningful action to promote gender equality and make exercising the right to vote more equitable and accessible for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 26, 2021, as Women’s Equality Day. I call upon the people of the United States to celebrate and continue to build on our country’s progress towards gender equality, and to defend and strengthen the right to vote. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10240 August 26, 2021Honoring the Victims of the Attack in Kabul, Afghanistan GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10240 of August 26, 2021** Honoring the Victims of the Attack in Kabul, Afghanistan By the President of the United States of America A Proclamation As a mark of respect for the U.S. service members and other victims killed in the terrorist attack on August 26, 2021, in Kabul, Afghanistan, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, August 30, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.135 STAT. 2699 IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10241 August 27, 2021Overdose Awareness Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10241 of August 27, 2021** Overdose Awareness Week, 2021 By the President of the United States of America A Proclamation The overdose epidemic has taken a toll on far too many Americans and their loved ones. Addiction is a disease that touches families in every community, including my own. The epidemic is national, but the impact is personal. It is personal to the millions who confront substance use disorder every day, and to the families who have lost loved ones to an overdose. During Overdose Awareness Week, we recommit to taking bold actions to prevent overdoses and related deaths, and enhance our support for individuals with substance use disorders. In recent years, we have seen synthetic opioids, such as illicitly manufactured fentanyl, drive many overdose deaths with cocaine- and methamphetamine-related deaths also increasing at alarming rates. The COVID–19 pandemic has exacerbated the overdose epidemic, as necessary pandemic restrictions made it harder for individuals with addiction to receive the treatment and support services they need. These factors contributed to the more than 93,000 drug overdose deaths in 2020. As a Nation, we need a strong response to America’s overdose epidemic and an investment in prevention, harm reduction, treatment and recovery services, as well as strategies to reduce the supply of illicit drugs. While drug overdose and addiction affect many different communities across the United States, we also recognize the longstanding inequities experienced by people of color, people who identify as LGBTQ+, formerly incarcerated individuals, people experiencing homelessness, and others. For too many years, these communities have faced disparate access to health care, differential treatment in the criminal justice system, and poorer health outcomes. My Administration is committed to addressing addiction and the overdose epidemic with evidence-based strategies. In April, to ensure that the Federal Government is promoting evidence-based public health and safety interventions, the Office of National Drug Control Policy released my Administration’s first year drug policy priorities. These include expanding access to prevention, treatment and harm reduction efforts, reducing youth substance use, reducing the supply of illicit substances, advancing recovery-ready workplaces, and expanding the addiction workforce and access to recovery support services for all Americans. My Administration is also committed to eliminating racial disparities in responding to the overdose epidemic as well as reviewing the overall approach to drug policy.135 STAT. 2700 This effort requires significant investments in our health care infrastructure. In my American Rescue Plan, we provided crucial funding for substance use disorder treatment and harm reduction, including a nearly $4 billion investment in our Nation’s behavioral health infrastructure. This includes $30 million for a new Substance Abuse and Mental Health Services Administration grant program to support community-based efforts aimed at preventing overdoses and reducing harm associated with substance use. We also recognize that many of our brave veterans recovering from service injuries may be vulnerable to opioid addiction. I signed the Dispose Unused Medications and Prescription Opioids Act to ensure that Veterans Affairs facilities provide locations to dispose controlled substances in a safe, secure and supportive environment. Agencies across the Federal Government are also making significant strides in supporting individuals with substance use disorders. The Department of Health and Human Services continues to work on expanding access to evidence-based treatment, including a new policy to expand access to buprenorphine, a medication for the treatment of opioid use disorder. The Drug Enforcement Administration also issued a new rule that allows more opioid use disorder treatment programs to operate mobile components to better serve rural and underserved communities. These actions are only the beginning. My Administration will be taking additional actions to reduce barriers to life-saving treatment and expand access to prevention, harm reduction, and recovery support services. Overdose Awareness Week provides us an opportunity to recommit ourselves to addressing this epidemic. By enhancing our support for individuals facing substance use disorder we can save lives. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim August 29 through September 4, 2021, as Overdose Awareness Week. I call upon citizens, government agencies, organizations, healthcare providers, and research institutions to raise awareness of substance use disorders to combat stigma, to promote treatment and celebrate recovery, and to strengthen our collective efforts to prevent overdose deaths. August 31st also marks Overdose Awareness Day, on which our Nation mourns the lives lost to the drug overdose epidemic. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10242 August 31, 2021National Childhood Cancer Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10242 of August 31, 2021** National Childhood Cancer Awareness Month, 2021 By the President of the United States of America A Proclamation For millions of American families—including my own—the fight against cancer is personal. When a person you love is diagnosed with cancer, it stops your heart and throws your world off of its axis. That fear and heartache is only compounded when cancer strikes a child. Across America, thousands of courageous children and adolescents diagnosed with cancer each year are facing life-threatening struggles. They are cared for by loving families, friends, volunteers, and health care teams who band together to support our most vulnerable patients as they face their cancer journey. During National Childhood Cancer Awareness Month, we honor the young lives taken too soon, as well as the growing number of young cancer survivors, some of whom may face serious health challenges throughout their lifetimes. We recognize the remarkable progress made in treatment and survivorship, and rededicate ourselves to the development of more effective therapies so that all children have the chance to live long and healthy lives. Despite the extraordinary advancements medical science has made in recent years, cancer remains the second leading cause of death in the United States—and the leading cause of death by disease for American children between infancy and age 15. Cancer is cruel and spares no age. It inflicts an incalculable toll on young patients and their loved ones. Though improvement has been made in some areas, survival rates for all childhood cancers remain too low. A growing number of childhood cancer survivors are experiencing longer life expectancies, but far too many continue to face significant long-term physical, emotional, and cognitive effects due to their cancer and treatment. As a Nation, we must do more to better understand the causes of pediatric cancer, improve treatment, and enhance the lifelong well-being of survivors. When I lost my son Beau to cancer after his courageous fight, I buried a part of my soul deep in the Earth. Too many families know that feeling too well—at any age, it leaves a black hole in your heart. In 2016, President Obama and I created the Cancer Moonshot Initiative to end cancer as we know it. Now, as President, I remain committed to that mission—and I will continue to invest in the critical research and care needed to defeat this devastating disease. That is why I am asking the Congress to launch the Advanced Research Projects Agency for Health—or ARPA–H—at the National Institutes of Health, to develop breakthroughs that prevent, detect, and treat cancer and other deadly diseases. Our Nation is already seeing the progress of investing in pediatric cancer research and technology. We are improving our understanding of pediatric cancers that are particularly difficult to treat, and extending the promise of immune-based treatments for children and adolescents. We are seeing advancements in precision medicine approaches to treating childhood cancers—including progress on understanding how tumors respond to existing therapies. The National Cancer Institute
(NCI)is leading the Childhood Cancer Data Initiative, which brings together 135 STAT. 2702 the Nation’s childhood cancer research, advocacy, and care communities to ensure that we “learn from every child” with cancer by consistently gathering data in a way that protects patient privacy while allowing for rapid sharing of insights among researchers. This will enable us to accelerate progress and deliver effective treatments and cures to more children. Additionally, the Food and Drug Administration’s Pediatric Oncology program works with stakeholders to accelerate and support the timely, efficient development of safe and effective new drugs and biological products to treat cancers in children. Many parents and family members feel terrified and overwhelmed following a child’s cancer diagnosis. To support families and pediatric caretakers, the NCI has resources available, including online and print materials and videos, to help families understand treatment options and provide information to help them navigate the cancer journey. Visit www.cancer.gov to learn more or talk to trained information specialists with the NCI Cancer Information Service in the United States at 1–800–4–CANCER. My Administration is also committed to protecting childhood cancer patients and their families through the Affordable Care Act, which provides critical protections for individuals facing cancer, including children. Because of the Affordable Care Act, most insurance companies are now prohibited from limiting or denying coverage to young cancer patients participating in clinical research studies. And children who have recovered from cancer can no longer be denied insurance coverage based on the fact that they have a pre-existing condition. During National Childhood Cancer Awareness Month, we pay tribute to the health care professionals, researchers, private philanthropies, social support organizations, and patient advocacy groups who work together with families across the country to provide hope and help to children diagnosed with cancer and to develop better treatments. Together, we will carry on their work—and build a future in which cancer no longer threatens the lives of our Nation’s children. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Childhood Cancer Awareness Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, the media, and other interested groups to increase awareness of what Americans can do to support the fight against childhood cancer. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10243 August 31, 2021National Ovarian Cancer Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10243 of August 31, 2021** National Ovarian Cancer Awareness Month, 2021 By the President of the United States of America A Proclamation Every year, thousands of women in the United States are diagnosed with ovarian cancer. Like all cancers, ovarian cancer is brutal and cruel, inflicting pain and hardship for women and their families. Like so many families, my family and I know the pain of cancer all too well. During National Ovarian Cancer Awareness Month, we honor the courage of those affected by ovarian cancer and renew our commitment to fighting this illness that takes the lives of far too many women. We also recommit to improving and promoting early cancer detection, investing in cancer research, and ensuring that every woman has equitable access to the care they need and deserve. Ovarian cancer is rare and deadly. Because there is no early ovarian cancer screening test, many women are diagnosed with this disease at an advanced stage. And despite ovarian cancer rates being highest among white women, Black women are more likely to die from this disease because of lack of access to health care, socioeconomic disparities, and other causes still under study. To help women understand the risk of developing ovarian cancer, the Centers for Disease Control and Prevention
(CDC)provides tools and resources to learn about the risk factors that increase the likelihood of being diagnosed with this disease. Risk factors for ovarian cancer include a family history of breast or ovarian cancer. Any woman who thinks she is at risk of ovarian cancer or who experiences persistent symptoms, including abdominal or pelvic pain, pressure, swelling, or bloating should talk with her health care provider. The CDC’s *Inside Knowledge about Gynecologic Cancer,* which includes resources for ovarian cancer, also helps women recognize the warning signs and seek medical care. To learn more about ovarian cancer, visit www.cancer.gov/types/ovarian and www.cdc.gov/cancer. The effort to eliminate ovarian cancer is taking place on all fronts, from laboratory research on cancer prevention, screening and early detection, diagnosis, treatment, and supportive care, to clinical research studies, clinical trials, and public health and awareness efforts. Through the leadership of the National Cancer Institute at the National Institutes of Health (NIH), scientists are focused on research to maintain and improve the quality and length of life for women with ovarian cancer. My Administration plans to build on these efforts by supporting investments in research and technology to develop new ways to detect ovarian cancer early, and improve treatment strategies. To push for these groundbreaking discoveries and innovative treatments, I have called for the creation of an Advanced Research Projects Agency for Health at the NIH—or ARPA–H—which would invest $6.5 billion to develop breakthroughs that prevent, detect, and treat cancer and other deadly diseases. I am committed to doing everything I can to end cancer as we know it, and to bring together the human, financial, and knowledge resources necessary to make the breakthroughs that will dramatically advance our progress against cancer and deliver hope and health to the world.135 STAT. 2704 My Administration is also dedicated to protecting ovarian cancer patients through the Affordable Care Act (ACA). Because of the ACA, insurance companies are banned from dropping a woman’s coverage because she has a pre-existing condition such as ovarian cancer. The ACA also covers “well-woman visits” to a primary care physician and gynecologist that include a full checkup, with no copayments or deductibles. These visits focus on preventive care for women and may help detect ovarian cancer as early as possible. As we observe National Ovarian Cancer Awareness Month, we are united in our goal to end ovarian cancer, and to improve the lives of all women carrying the burden of this disease—including the lives of their families and loved ones. We are also united in our support of the researchers, advocates, and health care professionals who are working tirelessly for new solutions to prevent, detect, and treat ovarian cancer, and to improve the overall health and well-being of all women. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Ovarian Cancer Awareness Month. I call upon the women of the United States to speak with their doctors and health care providers to learn more about ovarian cancer. I encourage citizens, government agencies, private businesses, nonprofit organizations, the media, and other interested groups to increase awareness of what Americans can do to detect and treat ovarian cancer. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10244 August 31, 2021National Preparedness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10244 of August 31, 2021** National Preparedness Month, 2021 By the President of the United States of America A Proclamation In the past year, our Nation has faced both unpredictable and unprecedented challenges. The 2020 hurricane season was the most active on record. Severe winter storms and record-breaking heat waves interrupted our power sector, and the climate crisis fueled historic drought, water scarcity, and dangerous heat waves, which in turn have helped supercharge the wildfires ravaging the West. All of this has come on top of the ongoing pain and struggle of COVID–19, which has impacted every community across the Nation. Becoming more disaster-resilient as a country—and more prepared as a people—is essential for our continued strength and security. During National Preparedness Month, we encourage all Americans to take the important steps to prepare for natural and human-made threats and to ensure that all our communities are ready for any emergency. My Administration is committed to taking bold action to prepare for and address the dangers posed by climate change. We have put the cli135 STAT. 2705 mate crisis and the communities most vulnerable to it at the center of our domestic and foreign policy. We are investing in weather forecasting and climate research to strengthen our understanding of how our changing climate is altering severe weather and drought, and we are ensuring that every community has the resources to prepare for and respond to these increasingly dangerous storms. We are also investing in helping developing nations adapt and build their own resilience in the face of climate change. At home, we are making a once-in-a-generation investment in upgrading our infrastructure so that it is more resilient to the challenges of today, and we are mitigating climate change by building up an American-made clean power economy for tomorrow. That is why I am committed to making a historic commitment to resilience through the Bipartisan Infrastructure Deal to upgrade and modernize our power grid, invest in mass transit and vehicle electrification, and fund environmental cleanup. I am also rallying the world to join the United States in committing to greater climate ambition. The United States has rejoined the Paris Climate Agreement, and we are leading the charge for stronger global action to cut greenhouse gas pollution and avert the worst impacts of climate change while we still have the chance. The United States is leading by example and creating good, high-paying jobs in the process by harnessing the economic opportunities of climate action. As we prepare for natural disasters and address the accelerating climate crisis, we must also remain vigilant to prevent, detect, and respond to infectious disease threats, including the COVID–19 pandemic and threats that will arise in the future. Even as more than 174 million Americans have been fully vaccinated—with hundreds of thousands continuing to get vaccinated each day—the more transmissible Delta variant is spreading, particularly among unvaccinated individuals. I continue to call on Americans to protect themselves and those around them by getting vaccinated. The vaccines are safe. They are effective. And together, we can save lives. The theme of this year’s National Preparedness Month is “Prepare to Protect.” During the past year, natural disasters have sent our communities into turmoil, and we have seen the particularly devastating toll they take on disadvantaged, low-income communities and people of color. Beyond the physical damage done by natural disasters, these storms also exact an emotional toll on their victims, from the pain of losing a loved one to the pressure caused by financial setbacks. Therefore, we must all prepare to better protect ourselves and our communities against both immediate crises and their residual effects. During National Preparedness Month, we also recognize the bravery and the sacrifices of our first responders, who are our first line of defense in so many crises. This month, as we prepare to commemorate the 20th anniversary of the horrific terrorist attacks of September 11, 2001, we honor the lives that were lost and the heroism that was displayed by both first responders and ordinary citizens to respond, and we reaffirm our responsibility to never forget. This month, we must each do our part—we must all Prepare to Protect. I call on everyone to get vaccinated, turn on emergency alerts on your smartphone, pack an emergency go-bag, and encourage others in your community to do the same.135 STAT. 2706 For assistance in getting prepared, visit the Federal Emergency Management Agency’s Ready campaign at www.Ready.gov or www.Listo.gov for Spanish-speakers for free information and resources to help you and your family “Prepare to Protect.” National Preparedness Month is a call to action to all parts of our government, industrial and commercial sectors, academia, non-governmental organizations, civic groups, religious institutions, and families. By working together today, we can ensure that our Nation is prepared for the natural and human-made threats of tomorrow. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Preparedness Month. I encourage all Americans to recognize the importance of preparedness and work together to enhance our resilience and readiness. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10245 August 31, 2021National Prostate Cancer Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10245 of August 31, 2021** National Prostate Cancer Awareness Month, 2021 By the President of the United States of America A Proclamation In 2021, over 248,500 Americans have been diagnosed with prostate cancer. Even as we make tremendous advancements in cancer research and treatment, prostate cancer is the second most commonly diagnosed cancer and the second-leading cause of cancer deaths among our Nation’s fathers, sons, husbands, and brothers. Today, one in eight men in the United States will be diagnosed with prostate cancer in his lifetime—often without any previous signs or symptoms. During National Prostate Cancer Awareness Month, we rededicate ourselves to supporting those diagnosed with prostate cancer through research, education, and access to prevention, treatment, and follow-up care and support. Together, we can increase awareness of this cancer, and improve the care and well-being of those impacted by this disease. Awareness of the risk factors of prostate cancer can help men make informed choices about their health with their primary health care providers—especially for men over the age of 65, men who have a family history of prostate cancer, and Black men who have a higher chance of developing and suffering from prostate cancer. I encourage all men and their families to learn the latest information on prostate cancer at www.cancer.gov/types/prostate and www.cdc.gov/cancer/prostate. I also encourage every American to get recommended cancer screenings, check-ups, and treatments from your health care providers. Most importantly, talk to your doctor about your risks for developing prostate cancer.135 STAT. 2707 My Administration continues to push for groundbreaking discoveries and innovative treatments to end cancer as we know it. That is why I am working to create an Advanced Research Projects Agency for Health at the National Institutes of Health—or ARPA–H—which would invest 6.5 billion dollars to develop breakthroughs that prevent, detect, and treat cancer and other deadly diseases. I am also committed to funding research to expand prevention and treatment of prostate cancer specifically. Today, researchers funded by the National Cancer Institute are working to advance our understanding of how to prevent, detect, and treat prostate cancer. The National Institutes of Health and partners in the private sector have launched the largest-ever coordinated research effort to investigate environmental and genetic factors related to prostate cancer to better understand why it disproportionately impacts Black men. And we are working on methods to prepare more advanced early detection tests and clinical trials to develop and enhance treatments for all men. My Administration will also continue to protect and fight to build on the Affordable Care Act
(ACA)and the important protections it provides for all Americans, including for men with prostate cancer. The ACA prohibits insurance companies from restrictive annual dollar limits on benefits, and it prohibits insurers from denying coverage or charging higher premiums to patients with prostate cancer—or any other pre-existing medical condition. The ACA also helps ensure that every man with prostate cancer receives quality health care. Our Nation has made exceptional progress in the fight against cancer, and I am committed to doing everything I can to bring together the knowledge, as well as the human and financial resources necessary to advance that progress. We owe every person who has lost their battle with this disease, every person living with this disease, and every person who may one day be diagnosed with it, our continued work to defeat it. During National Prostate Cancer Awareness Month, let us renew our efforts to save lives and spare suffering by accelerating our work to end cancer as we know it. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Prostate Cancer Awareness Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that will increase awareness of what Americans can do to prevent and cure prostate cancer. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10246 August 31, 2021National Recovery Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10246 of August 31, 2021** National Recovery Month, 2021 By the President of the United States of America A Proclamation The COVID–19 pandemic has taken an enormous toll on the lives of the American people, especially those struggling with substance use disorder. While many have continued on their path towards recovery, even while facing the additional physical, emotional, and economic hardships brought about by the pandemic, others have struggled. During National Recovery Month, we celebrate the millions of Americans who have achieved recovery and reaffirm our commitment to helping more Americans overcome substance use disorder and reach recovery. We also support those who are still struggling to achieve recovery and dedicate ourselves to overcoming these challenges together. This year’s theme, “Recovery is For Everyone: Every Person, Every Family, Every Community,” emphasizes that recovery is possible for all Americans. My Administration honors the many pathways to recovery and will support individuals and their families at every step along their journey, in whatever form it takes. Everyone can support and encourage those working toward recovery. The work ahead includes making treatment and recovery support services accessible to all Americans. My American Rescue Plan delivered nearly $4 billion to strengthen and expand mental health and substance use disorder services. My Administration will also continue to work to expand employment opportunities for people in recovery and foster the development of recovery-ready workplace policies and cultures. Helping those in recovery to attain economic opportunity and mobility will not only improve their well-being but also benefit our Nation as a whole. These investments will lay the foundation upon which more Americans—of all backgrounds and in every community—can build and maintain long-term recovery. While opportunities for recovery should be available for everyone, those with substance use disorders in racially-diverse, Tribal, rural, and other underserved communities often lack access to the support services that they need to receive treatment and sustain their recovery. Research also shows that a treatment gap lingers between people of color and their white neighbors. People of color not only have less access to support services for addiction but are also subject to harsher penalties when addiction leads to interaction with the criminal justice system. To address this, my Administration launched a Government-wide approach to advancing equity, including in our public health and criminal justice approaches to drug policy. When we make the appropriate support and service systems available to everyone and embrace those seeking to rejoin and contribute to our communities, we put sustained recovery within reach of more people. When we welcome Americans in recovery into our schools, homes, and workplaces with open arms, our Nation becomes stronger, healthier, and more inclusive. During National Recovery Month, we also honor and thank those who have helped our Nation heal and build back better. In the face of un135 STAT. 2709 precedented challenges this past year, our Nation’s health care providers have delivered essential care and hope to individuals, families, and communities in need. On the frontlines of the addiction epidemic, they have ensured our Nation’s system of care remains intact, facilitating treatment and recovery. As always, we celebrate the resilience and courage of the recovery community, which serves as a reminder that recovery is possible for everyone. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Recovery Month. I call upon all citizens, government agencies, private businesses, nonprofit organizations, and other groups to take action to promote recovery and improve the health of our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10247 August 31, 2021 National Sickle Cell Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10247 of August 31, 2021 ** National Sickle Cell Awareness Month, 2021 By the President of the United States of America A Proclamation Today, 100,000 Americans live with sickle cell disease (SCD). The genetic disease, named for the sickle-shaped red blood cells it causes, leads to severe pain, serious infections, and organ damage. The severity of SCD varies, with many people facing a shortened life expectancy and a host of recurring, debilitating, and expensive health problems. This condition also disproportionately affects Black and Brown Americans, with an estimated 1 in 365 Black Americans and 1 in 14,000 Hispanic Americans suffering from it. As President, I am committed to supporting those who have been hit the hardest by SCD. And during National Sickle Cell Awareness month, our Nation reaffirms our commitment to improving the quality of life and health outcomes for all individuals living with SCD. Our Nation’s extraordinary medical professionals and scientists are working tirelessly to find a cure and develop improved treatments for SCD. Recent scientific advances have led to effective approaches for managing SCD and preventing complications, including new drug therapies approved by the Food and Drug Administration. And while current treatments may not be universally effective, researchers continue to improve existing treatments, such as bone marrow transplants that can effectively cure SCD in some patients. The National Institutes of Health
(NIH)has continued supporting SCD research, education, and capacity building, including the “Cure Sickle Cell Initiative” to accelerate safe, effective, and scalable gene therapies to cure the disease. As a result of the many advances and medical breakthroughs in genetic 135 STAT. 2710 therapies and research, we are now closer to finding a cure for all SCD patients. My Administration is committed to following science, delivering breakthroughs, eliminating health disparities facing communities of color and other underserved communities, and promoting the health and wellness of all Americans. We will continue our efforts to improve the lives and livelihoods of individuals struggling with SCD by improving access to quality health care, collaborating with our partners in the public and private sectors, adhering to the guidance of scientific experts and researchers, and supporting all families affected by SCD. This month, we celebrate the progress made in treating Americans suffering from SCD and we stand together to improve the health of those living with this disease. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Sickle Cell Awareness Month. I call upon the people of the United States to learn more about the progress we are making to reduce the burden of this disease on our fellow Americans. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10248 August 31, 2021 National Wilderness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10248 of August 31, 2021 ** National Wilderness Month, 2021 By the President of the United States of America A Proclamation America’s public lands and waters, awe-inspiring landscapes, and cultural sites reflect a deep and abiding connection to our natural heritage. Our lands and waters are rich with diverse plant and animal life, and we are privileged to be able to enjoy irreplaceable national treasures that amaze us, inspire us, fill us with pride, support our lives and livelihoods, and belong to all of us in equal measure. During National Wilderness Month, we affirm that our Nation’s public lands and waters must be accessible to all Americans, we recognize that our lands and waters can revitalize the soul and solidify our respect for the natural wonders that surround us and the earth we share, and we recommit to their preservation and protection, today and for future generations. The Wilderness Act, signed into law by President Lyndon B. Johnson in 1964, opened a new chapter in American conservation by creating the National Wilderness Preservation System. The primary goal of the act is to preserve the places “where the earth and its community of life are untrammeled.” Today, the National Wilderness Preservation Sys135 STAT. 2711 tem includes more than 800 wilderness areas spanning more than 111 million acres. These wilderness areas are located within national forests, parks, wildlife refuges, and conservation lands and waters. During the COVID–19 pandemic, many Americans turned to these areas for physical recreation, mental well-being, and inspiration, and our public lands and waters became places of healing and sanctuary. But our natural wonders are at risk. Now more than ever, we must come together to combat the climate crisis and unprecedented acceleration of species extinction, to protect and conserve our great outdoors before it is too late. Since taking office, I have recommitted the United States to the Paris Climate Agreement, pushed for stronger action to cut greenhouse gas pollution, and resolved to strengthen our resilience against rising temperatures. Additionally, my Administration’s historic “America the Beautiful” initiative sets a national conservation goal to invest in, conserve, connect, and restore at least 30 percent of the Nation’s lands and waters by 2030. These diverse landscapes and waterways are vital in so many ways: they provide homes to fish and wildlife, and hold resources that sustain our own lives, counteract the damaging impacts of climate change, and underpin our global economy. We also recognize that not all Americans have access to our public lands. My Administration is committed to ensuring that all peoples and communities have clean air and clean water, and receive the additional physical, spiritual, and economic benefits that our great wilderness provides. As the original stewards of these lands, Tribal Nations and Indigenous communities have a sacred connection and deep understanding of our Nation’s wilderness areas, and the history of America’s public lands has too often involved broken promises to the Native peoples who have lived on them since time immemorial. I am committed to working in partnership with Tribal, State, and local partners to find solutions to our most pressing conservation and stewardship challenges, and to honoring the special relationship of Tribes to their ancestral sacred lands. This work is urgent. During National Wilderness Month, let us strengthen our connection to the American wilderness areas, support their designation and protection, and work to preserve the stories they tell, the memories they create, and the heritage they reflect for all Americans for generations to come. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 2021 as National Wilderness Month. I encourage all Americans to experience our Nation’s outdoor heritage, to recreate responsibly and to leave no trace, to celebrate the value of preserving an enduring resource of wilderness, and to strengthen our commitment to protecting these vital lands and waters now and for future generations. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of August, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10249 September 3, 2021National Historically Black Colleges and Universities Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10249 of September 3, 2021** National Historically Black Colleges and Universities Week, 2021 By the President of the United States of America A Proclamation Since 1837, Historically Black Colleges and Universities (HBCUs) have educated and prepared millions of people to lift up our Nation and make their impact on the world. These essential institutions have been critical engines of opportunity for generations of American families—they are incubators of excellence, helping to shape the story of our Nation and deliver on the promise of a more perfect Union. During National Historically Black Colleges and Universities Week, we celebrate the vital role that HBCUs play in molding Black leaders and ensuring that America continues to move closer to reaching its full potential. From Delaware State—which has always held a special place in my heart—to more than 100 institutions across the country, HBCU graduates are the bearers of a proud and sacred tradition. It is the tradition of the Reverend Dr. Martin Luther King, Jr., and Thurgood Marshall, of Toni Morrison and Langston Hughes, of Reverend Jesse Jackson and Reverend William Barber. It is the tradition of countless scholars and advocates; leaders of industry, arts, and sciences; and leaders of faith and community. It is the tradition of trailblazers—including the first HBCU graduate elected to the Vice Presidency, Kamala Harris. It is a tradition rooted in a fundamental belief that quality education is a right that belongs to all people—that every single American should have a fair and equal chance to go as far as their God-given talents can take them. Opposition to that belief has been a stain on our Nation since its founding. After President Lincoln signed the Emancipation Proclamation, Black Americans were still subjected to persistent legal and social discrimination. Laws were enacted to stifle their progress, including laws that denied Black Americans access to the same educational opportunities as white Americans. Across the generations since, progress has been won. Racial segregation of public schools was struck down by the Supreme Court in a case successfully argued by HBCU graduates. The Civil Rights Act of 1964 prohibited discrimination in public accommodations and federally-funded programs. Over time, hearts and minds have been changed. For more than 180 years, HBCUs have been on the forefront of that progress. Still, the wound—and the reality—of systemic racism remains. We see it in our education system, our labor force, our health care system, our criminal justice system, and in so many other corners of our society. We see it in the COVID–19 pandemic, which revealed and exacerbated longstanding disparities in areas like food security, internet access, and medical care. For Black women and girls, LGBTQ+ Black Americans, and Black Americans with disabilities—we see it compounded with other forms of discrimination and bias. As they have throughout their existence, HBCUs have risen to the occasion to serve their students and communities over the last year and a half—helping to develop breakthrough treatments, hosting life-saving COVID–19 vaccination sites, and nurturing movements for justice and equality.135 STAT. 2713 My Administration stands with HBCUs and is committed to the fundamental American promise they represent: that all of us are created equal and have a right to be treated equally throughout our lives. Too many times throughout our history, we have allowed a narrow, cramped view of that promise to fester—the false idea that America is a zero-sum game of opportunity, where a person can only lift themselves up by holding others down. It is critical that we shed that flawed way of thinking and finally embrace what we know to be true: that when any one of us is held back, we are all held back, and when we lift each other up, we are all lifted up. That idea—the defining idea of America—is why I issued an Executive Order on my first day in office establishing a whole-of-government approach to equity and racial justice. It is why I have built the most diverse Cabinet in history, why I am appointing Black judges to the Federal judiciary at an historic rate, and why we are continuing to build an Administration that truly looks like America. It is also why we will continue to support HBCUs in their vital mission. Imagine how much more creative and innovative America would be if our HBCUs had the same funding and resources as other institutions—allowing young people from every community to compete for the jobs and industries of the future. To help make that a reality, my Administration has proposed approximately $239 million in new institutional aid funding for HBCUs in the Department of Education budget for next year, including $72 million in new discretionary funding for HBCUs. In addition, my Administration has proposed approximately $167 million in new mandatory funding for HBCUs and to provide 2 years of subsidized tuition and expand programs in high-demand fields at HBCUs. I today signed an Executive Order establishing the White House Initiative on Advancing Educational Equity, Opportunity, and Excellence through Historically Black Colleges and Universities, which will create a Government-wide approach to support the needs of HBCUs and the communities they serve and eliminate systemic barriers impeding HBCU participation in Federal programs. This is only the beginning of our work to support HBCUs and the remarkable students they empower and grow. This week and every week, we will continue to celebrate and advance the historic and ongoing success of our HBCUs—because we know that their success is America’s success. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 5 through September 11, 2021, as National Historically Black Colleges and Universities Week. I call upon educators, public officials, professional organizations, corporations, and all Americans to observe this week with appropriate programs, ceremonies, and activities that acknowledge the countless contributions these institutions and their alumni have made to our country. IN WITNESS WHEREOF, I have hereunto set my hand this third day of September, in the year of our Lord two thousand twenty-one, and 135 STAT. 2714 of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10250 September 3, 2021Labor Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10250 of September 3, 2021** Labor Day, 2021 By the President of the United States of America A Proclamation My father taught me from a young age that a job is about much more than a paycheck. It is about dignity, respect, and your place in the community. It is about being able to look your children in the eye and assure them that things are going to be okay. When Americans go to work each day, they are not just making a living—they are pursuing a life with hope for the future. In doing so, they build, drive, care for, and grow our Nation. Hard-working Americans are the backbone of our country. As I have often said, the middle class built America—and unions built the middle class. Everything that supports a sustainable middle-class life was made possible by unions, and on Labor Day we honor all those workers—and their enduring movement—that keep our economy moving and make our Nation strong. I believe that every worker deserves not only a fair wage and benefits—but freedom from discrimination, a safe and healthy workplace, and the respect that comes with a secure retirement as well. That is why my Administration always stands proudly with workers. It is why, in the American Rescue Plan, we gave working people a break—helping workers weather the pandemic, giving middle-class families raising children a historic tax cut, and upholding the promise of a dignified retirement by protecting the hard-earned pensions of millions of American workers and retirees. It is also why I am committed to ensuring that all workers have a free and fair opportunity to organize a union and bargain collectively with their employers. This has been a guiding principle of our Nation since union organizing was explicitly encouraged by the National Labor Relations Act in 1935. But for far too long, that principle has been attacked and neglected. American workers should make their own decisions—free from coercion and intimidation—about organizing with their co-workers to have a stronger voice in their workplaces, their communities, and their government. That is why I strongly support the Protecting the Right to Organize Act and the Public Service Freedom to Negotiate Act. It is also why I created the Task Force on Worker Organizing and Empowerment, and asked Vice President Kamala Harris and Secretary of Labor Martin Walsh to serve as its chair and vice chair. After more than a year in which essential workers made extraordinary sacrifices and carried our Nation on their backs, this Labor Day we see more clearly than ever that we must build an economy that responds to the needs and aspirations of working people—an economy that deals everyone in and brings everyone along. The pandemic has also exacerbated and revealed for all to see the places where our Nation has fallen 135 STAT. 2715 short of its promise to deliver equal opportunity to workers of color and their communities. To help address that long-standing challenge, my Administration is pursuing a comprehensive approach to advancing equity, as illustrated in the Executive Order I signed on my first day in office entitled Advancing Racial Equity and Support for Underserved Communities. Despite the tremendous progress we have made to advance labor protections and strengthen the voice of workers in the workplace, there is still much more we need to do. As in every generation since Labor Day was first celebrated in the late 19th century, there are still those who resist Americans’ efforts to build and sustain worker power—the engine of our economic growth, the key to our long-term success, and the best defense against corporate abuses of power in workplaces, our economy, and our democracy. Over the years, the Labor Movement has won many battles: establishing the 40-hour work week, integrating workplaces, eliminating child labor, securing health and safety protections for workers, and countless other victories. Workers and their unions prevailed time and time again—but the work continues. We are going to keep fighting to restore power to working families and protect the rights of hard-working Americans and unions. That includes seizing the golden opportunity ahead of us to make the largest investment in nearly a century in American infrastructure, American workers, and good union jobs through the Bipartisan Infrastructure Investment and Jobs Act. On this Labor Day, we honor the pioneers who stood up for the dignity of working people—leaders like César Chávez, the Reverend Dr. Martin Luther King, Jr., A. Phillip Randolph, John L. Lewis, Samuel Gompers, Frances Perkins, and many more. Let us also remember the tireless voices for working families that we have recently lost, including my friend Richard Trumka. We must recommit ourselves to advancing the historic progress these trailblazers made as we work to deliver a decent life with security, respect, and dignity for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 6, 2021, as Labor Day. I call upon all public officials and people of the United States to observe this day with appropriate programs, ceremonies, and activities that honor the energy and innovation of working Americans. IN WITNESS WHEREOF, I have hereunto set my hand this third day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10251 September 9, 2021National Days of Prayer and Remembrance, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10251 of September 9, 2021** National Days of Prayer and Remembrance, 2021 By the President of the United States of America A Proclamation Twenty years ago, our Nation was forever changed. On September 11, 2001, as ordinary people started their days in Manhattan, Shanksville, and Arlington, cowardly acts born out of twisted hate stole 2,977 innocent lives, devastating families and communities. People across the world were shocked by the cruelty and horror of the terrorist act, even as they were inspired by the bravery of the first responders. Two decades have passed since that day of terror, yet the trauma, the pain, and the quest for justice—both personal and collective—still haunt our memories. Planes piercing buildings. Smoke filling skies. Towers turning to dust. The injured fleeing to safety. The heroes rushing toward danger. During the National Days of Prayer and Remembrance, we honor those who lost their lives on September 11—lives that will never be forgotten. We also commemorate the humanity and selfless sacrifice of the first responders, service members, and ordinary citizens who banded together to rescue survivors and build a community of support around those who suffered unimaginable loss. Even as we continue to recover from this tragedy, we know for certain that there is nothing that America cannot overcome. Through sorrow, with God’s help, we find strength. Through remembrance, in God’s mercy, we find healing. We move forward with resolve, forever cherishing the memories of the souls who perished that day. The seeds of chaos, planted that September by those who wished to harm us, blossomed instead into fields of hope for a brighter future. A new generation of patriots—many of whom were just children on that bright September morning, some of whom had not yet been born—now serve in our Armed Forces, as law enforcement officers and firefighters, as paramedics, in the halls of our Federal buildings, and beyond, determined to build our country back better, safer, and more united. During these National Days of Prayer and Remembrance, we solemnly reflect on the freedom and tolerance that are part of our American character. We commit to preserving the memories of our fallen loved ones with the same tenacity with which we uphold the American values that are the root of our strength. We pray for the victims and all those who still mourn their loss. May the power of prayer bring comfort, and may God bless the United States of America. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 10, 2021, through September 12, 2021, as National Days of Prayer and Remembrance. I ask that people of the United States honor and remember the victims of September 11, 2001, and their loved ones through prayer, contemplation, memorial services, the visiting of memorials, the ringing of bells, evening candlelight remembrance vigils, and other appropriate ceremonies and activities. I invite people around the world to participate in this commemoration. I invite the citizens 135 STAT. 2717 of our Nation to give thanks, in accordance with their own faiths and consciences, for our many freedoms and blessings, and I join all people of faith in prayers for spiritual guidance, mercy, and protection. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10252 September 9, 2021World Suicide Prevention Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10252 of September 9, 2021** World Suicide Prevention Day, 2021 By the President of the United States of America A Proclamation Today, the United States joins the World Health Organization, the International Association for Suicide Prevention, and nations around the world in commemorating World Suicide Prevention Day by “creating hope through action.” On this day, and every day, we remember those lives lost to suicide. We also commit to connecting with those who are struggling and to encouraging communities, organizations, and governments to work together to prevent suicide. Suicide often occurs in a moment of unbearable pain or deep despair. Many individuals with mental health needs are overcome with a sense of overwhelming hopelessness, and feel they have nowhere to turn. Already, millions of Americans consider suicide, make a suicide plan, or attempt suicide every year—especially young Americans for whom suicide is the second leading cause of death. This number is even higher among LGBTQ+ and Native American youth. In 2019, suicide was the 10th leading cause of death in the United States, and the second leading cause of death for young people between the ages of 10 and 34. And that was before the COVID–19 pandemic compounded, for many, feelings of isolation, exhaustion, and economic and public health-related anxieties. Increased rates of depression have sparked concern that we will see a further increase in suicide rates. Too many of our Nation’s veterans and active military service members have also considered suicide or taken their own lives. In many cases, they did not receive the mental health services they need and deserve. In order to fulfill our Nation’s one sacred obligation to care for our troops and their families, I have made veteran suicide prevention a top priority. Earlier this year, I was proud to sign the Sgt. Ketchum Rural Veterans Mental Health Act of 2021 into law to provide additional mental health care for rural veterans. In my budget, I also requested $598 million to support the Department of Veterans Affairs suicide prevention outreach efforts. I have proposed $180 million to fund suicide prevention programs at the Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration. This dedicated funding will support programming that focuses on suicide prevention at every age 135 STAT. 2718 and stage of a person’s life, as well as prevention and intervention programs through health systems. Knowing that our Nation’s youth have been especially vulnerable to the mental health impacts of the COVID–19 pandemic, the American Rescue Plan I signed into law also includes $20 million in funding specifically for youth suicide prevention. My Administration is committed to treating suicide as the public health problem it is and helping to address the underlying risk factors for suicide. For example, we are working to expand access to mental health and substance use treatment. We are ensuring health insurance plans act in accordance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, and cover these critical services at the same level as physical health services. While there is no one cause of suicide, we know there are many factors that increase a person’s risk for suicide, including the loss of a job; serious illness; and financial, criminal, legal, and relationship problems. Through the American Rescue Plan and my proposed Fiscal Year 2022 budget, we are working to mitigate these risk factors. The American Rescue Plan provided a third round of economic impact payments, established a homeowner assistance fund, and provided emergency rental assistance. My Administration is also committed to addressing suicide by firearm. Firearms are responsible for over half of all suicide deaths in the United States. That is one of the reasons we have published model red flag laws for States—allowing family members and law enforcement to petition for a temporary firearms ban for individuals who present a danger to themselves or others. When people present a danger to themselves or others, we must reduce their access to lethal means and ensure they have access to mental health services and supports. If you or a loved one are thinking about suicide, please know that you are not alone and help is available 24/7 by calling the National Suicide Prevention Lifeline at 1–800–273–TALK or through the Crisis Text Line by texting HOME to 741741. Next July, the new Mental Health Crisis Line 9–8–8 will take effect. By expanding the crisis line and investing in our Nation’s crisis care infrastructure, we have the opportunity to prevent suicides and save lives. Today, on World Suicide Prevention Day, we remember those whom we lost to suicide, and we reconfirm our support for the millions of Americans who struggle with thoughts of suicide, who are suicide attempt survivors, suicide loss survivors, and those who are working steadfastly to prevent suicide. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 10, 2021, as World Suicide Prevention Day. I call upon all Americans, communities, organizations, and all levels of government to join me in creating hope through action and committing to preventing suicide across America. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of September, in the year of our Lord two thousand twenty-one, and 135 STAT. 2719 of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10253 September 10, 2021National Small Business Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10253 of September 10, 2021** National Small Business Week, 2021 By the President of the United States of America A Proclamation The American entrepreneurial spirit is a defining quality of our Nation which time and again has lifted us to new heights and carried us through our greatest challenges. Small businesses are not only the engines of our economic progress—they are the heart and soul of our communities. During National Small Business Week, we celebrate our Nation’s small businesses—the pillars of their neighborhoods and towns—and all of the people who dream them, build them, and make them run. When the COVID–19 pandemic first struck last year, it posed a historic challenge to America’s small businesses. From coast to coast, in big cities, small towns, rural enclaves, and Tribal communities, small business owners and workers demonstrated remarkable courage and resilience, adapting to sudden changes in our way of life and stepping up to serve their communities. Across the country, small businesses extended helping hands to their neighbors during the pandemic’s darkest hours, all while entrepreneurs and employees worked tirelessly around the clock to keep their businesses afloat, make payroll, and ensure the safety of their teams and customers. Despite the determination of our Nation’s small business owners and their employees, the pandemic hit them hard. Throughout 2020, empty storefronts and goodbye signs hanging in windows could be found on Main Streets across the country. The pizza place that your kids loved best. The hardware store that always had the tool you needed. The barber shop that sponsored the local Little League team—and had the first dollar bill it ever earned still framed on the wall. The pandemic exacted an incalculable toll not only on lives and livelihoods, but on far too many small business dreams and family legacies. To ensure that these community pillars have a fighting chance to reopen and stay open, my Administration is delivering the loans and support that our Nation’s more than 30 million small businesses and innovative startups need. The American Rescue Plan delivered billions of dollars in economic relief to millions of small businesses—including programs targeted to the hardest-hit industries such as restaurants and performing arts venues. We revamped the Paycheck Protection Program to reach our smallest businesses, with more than 95 percent of the nearly $300 billion in loans made during my Administration supporting small businesses with less than 20 employees, reaching a higher share of businesses in rural and low- or moderate-income communities than in the previous two rounds of the program. Through our Restaurant Revitalization Fund, we provided an essential lifeline to more than 100,000 businesses across the country, delivering $28.6 bil135 STAT. 2720 lion in direct support. Last week, my Administration began accepting applications for an improved COVID–19 Economic Injury Disaster Loan program, which will put more than $150 billion in funding to work offering long-term, low-interest loans that small businesses can use to retain workers, make rent, and pay down more expensive debt. In the American Rescue Plan, we established the Community Navigator Pilot program to create a network of trusted organizations, local governments, and community champions to help underserved small businesses navigate resources at all stages of their growth. We have also fully vaccinated more than 64 percent of adult Americans, so that more small businesses can reopen their doors and welcome back their customers. My Administration created a tax credit to help small businesses—which employ nearly half of America’s private workforce—give their employees paid time off to get vaccinated and recover. My Administration is also committed to nurturing small businesses that have faced historic barriers in rural and urban America, including businesses owned by veterans, women, and people of color—especially Black, Latino, and Asian American businesses. These entrepreneurs continue to face persistent barriers to the capital, markets, and networks they need to start and grow their businesses, and many were left out of early rounds of relief in the earlier days of the pandemic. To help ensure that small businesses in every community benefit from the Build Back Better agenda’s landmark investments in our infrastructure, we are strengthening our contracting programs for underserved small businesses. As part of this effort, I announced a Government-wide goal to grow Federal contracting with small, disadvantaged businesses by 50 percent, translating into an additional $100 billion over 5 years. By ensuring that more disadvantaged small businesses can compete for and win Federal contracts, we can boost job opportunities and economic prosperity in every corner of America. Our Nation’s small businesses define our communities, drive innovation, and create the products and services that enrich our lives and solve global problems to build a better and more sustainable world. By harnessing the power of our small business economy and equipping our entrepreneurs with the tools and resources they need to innovate, adapt, and grow, our economy will continue to build back better than ever before. America’s small businesses are up to the task. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 12 to September 18 as National Small Business Week. I call upon all Americans to recognize the contributions of small businesses to the American economy, continue supporting them, and honor the occasion with programs and activities that highlight these important businesses. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10254 September 10, 2021Patriot Day and National Day of Service and Remembrance, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10254 of September 10, 2021** Patriot Day and National Day of Service and Remembrance, 2021 By the President of the United States of America A Proclamation Twenty years ago, the United States endured one of the most unconscionable tragedies in our country’s history. The cowardly terrorist attacks on the World Trade Center, the Pentagon, and onboard United Flight 93 cut short the lives of 2,977 innocent people. These attacks tore a hole in the heart of our Nation, and the pain of this tragedy still remains. Each year on this somber date, we remember the horror and bravery shown that day, just as we remember how we came together, united in grief and in purpose. Each year, we renew our solemn vow to never forget what happened on September 11, 2001, or those who lost their lives. On Patriot Day and National Day of Service and Remembrance, we honor every life that was taken too soon. We honor the first responders—firefighters, law enforcement officers, emergency workers, and service members—who answered the call of duty, and the brave civilians who rushed into action to save lives that day. Their courage embodies the American spirit and resilience, and their heroism continues to inspire new generations of Americans. My mother used to say that “courage lies in every heart, and one day it will be summoned.” It was summoned and shown by those who responded to the events on 9/11. First responders, emergency workers, and civilians ran to where the devastation was the greatest, where death came in an instant but where there were survivors to be found; a determined group of heroes onboard United Flight 93 sacrificed their lives to save the lives of others—in every case, Americans faced the unimaginable with resolve and courage. Today and every day, we draw hope from the strength and selflessness of those who stepped up to serve their fellow man and our Nation on that tragic day. We also remember the patriotism and valor of our service members who pursued our attackers, delivered justice to Osama bin Laden, and degraded al-Qa’ida. We will keep our sacred obligation to care for our service members and veterans who served in Afghanistan over the last 20 years, as well as their families, caregivers, and survivors. Over the last two decades the American people have demonstrated that the harder the circumstances, the more resilient and stronger we become. Our shared love of country and our shared values—regardless of race, gender, religion, origin, or economic status—unite us as Americans against all enemies, foreign and domestic. Today, on this Patriot Day and National Day of Service and Remembrance, we move forward as one Nation, united by our common goal of liberty and justice for all. We remember those killed on September 11, 2001, and honor them through acts of service. I encourage all Americans to visit americorps.gov/911-day to learn about and seek opportunities to serve others on this day and to demonstrate once again that the ideals we hold, which many have tried to attack and destroy, are the very bonds that hold us together—even tighter in times of peril.135 STAT. 2722 By a joint resolution approved December 18, 2001 (Public Law 107–89), the Congress has designated September 11 of each year as “Patriot Day,” and by Public Law 111–13, approved April 21, 2009, the Congress has requested the observance of September 11 as an annually recognized “National Day of Service and Remembrance.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim September 11, 2021, as Patriot Day and National Day of Service and Remembrance. I call upon all departments, agencies, and instrumentalities of the United States to display the flag of the United States at half-staff on Patriot Day and National Day of Service and Remembrance in honor of the individuals who lost their lives on September 11, 2001. I invite the Governors of the United States and its Territories and interested organizations and individuals to join in this observance. I call upon the people of the United States to participate in community service in honor of those our Nation lost, to observe this day with appropriate ceremonies and activities, including remembrance services, and to observe a moment of silence beginning at 8:46 a.m. eastern daylight time to honor the innocent victims who perished as a result of the terrorist attacks on September 11, 2001. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10255 September 10, 2021National Grandparents Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10255 of September 10, 2021** National Grandparents Day, 2021 By the President of the United States of America A Proclamation On National Grandparents Day, we celebrate the important role grandparents play in providing love, wisdom, and strength to their families, and fostering greater understanding across generations. Grandmas and grandpas, abuelas y abuelos, nanas and pop-pops—through their wisdom, their perseverance, and their unconditional love—strengthen our family bonds. They share with us who we are, where we come from, and the experiences that have shaped their lives, and, in many cases, shaped our Nation. For Jill and me, there is no greater joy than spending time with our own grandchildren. They are the love of our lives, and the life of our love. The COVID–19 pandemic has been particularly devastating to seniors, and too many families have lost grandparents to the virus. We mourn them as a Nation. To honor the memory of those we have lost and protect those most vulnerable, we mobilized an historic vaccination effort. Already, we have fully vaccinated over 82 percent of all seniors and over 64 percent of all adults—allowing grandparents and their loved ones to get back together safely.135 STAT. 2723 During the worst of COVID–19, we saw the bonds of love that grandparents share with their families remain strong. While the virus denied many grandparents the opportunity to hug their grandchildren, we saw families visiting grandparents outside a window, waving from a safe distance, participating in car parades, or making video calls to stay connected. Grandparents and grandchildren were resilient and creative—sharing recitals, sporting events, graduations, and other important family milestones remotely. Physically apart, we remained bonded by love, faith, and the uniquely American spirit. As we continue our fight against the virus, we are once again able to enjoy the in person warmth and care of our grandparents, and they can enjoy precious time with their children and grandchildren. For many families, grandparents are the caregivers who provide trusted support to parents and children alike. They care for grandchildren while their parents are at work, pick up grandchildren from school and activities, and provide advice and comfort when needed most. In increasing numbers, grandparents have become primary caregivers when parents cannot care for their children. They sacrifice their own retirement plans, and often strain their own health and financial stability, to ensure their grandchildren continue to grow and learn within the warm embrace of a loving family. In 2018, the Congress enacted the Supporting Grandparents Raising Grandchildren Act, which established an Advisory Council to Support Grandparents Raising Grandchildren. By the end of this year, the Council will release their first report to the Congress, including recommendations intended to advance change and improve support programs for grandparent and kinship families of all ages. My Administration looks forward to the release of this report so that we can use it as a guide to improve the livelihoods of grandparents and other older relative caregivers. As President, I am committed to identifying unmet needs, highlighting systemic gaps, and providing recommendations on how we can work together to improve the lives of grandparents and the children they support. Thanks to our whole-of-government response, heroic frontline workers, world-class scientists, and millions of Americans getting vaccinated, many of us are able to hug our grandparents, and gather around a table once again. We still have more work to do, but we have learned to never take time together for granted. If everyone does their part in getting vaccinated—we will continue to create new, joyful memories. We are grateful for the blessing of that opportunity, and we hope every family will cherish their grandparents today and every day. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 12, 2021, as National Grandparents Day. I call upon all Americans to celebrate the important role that grandparents play in the lives of their families and the children they love. IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10256 September 13, 2021National Hispanic-Serving Institutions Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10256 of September 13, 2021** National Hispanic-Serving Institutions Week, 2021 By the President of the United States of America A Proclamation Today, more than a quarter of American schoolchildren are Hispanic—and the proportion of Hispanic Americans in our workforce is projected to grow substantially over the next 10 years. The educational success of Hispanic Americans is vital to the future of our entire country; how we as a Nation nurture that success will define our strength and stability, our shared prosperity, and our competitiveness on the world stage for generations to come. For decades, Hispanic-Serving Institutions
(HSIs)have played a key role in preparing Hispanic American scholars, artists, researchers, scientists, educators, and other leaders who make our communities and our Nation stronger, more resilient, and more equitable. HSIs advance the foundational American ideals of equity and justice by preparing graduates to contribute their God-given talents and help solve some of the greatest challenges facing our Nation and our world. To do this, HSIs are on the cutting edge, equipping students with the knowledge and skills they need to compete in the 21st century economy and carve out their place in the middle class. In industry after industry, HSIs empower the next generation of Hispanic American leaders—while also celebrating and nourishing the diverse linguistic and cultural backgrounds that make up the broader Hispanic community. This work is essential to both the character and the economy of our Nation. Over the last 18 months, Hispanic Americans in every community have helped carry us through the COVID–19 pandemic and spark an historic economic recovery—as doctors and nurses, teachers and first responders, essential workers who keep our country going, and in countless other roles. Hispanic Americans are core to our national fabric, and HSIs are a critical resource in empowering and enriching Hispanic students and our Nation. Beyond academic and professional preparation, HSIs also positively impact their communities. I am especially grateful for the leadership of HSIs in safeguarding the rights and dignity of Dreamers and first-generation college students across our Nation. It is my fervent hope that the Congress will provide security to all Dreamers. These young people represent America’s strength—and our greatest aspirations. We cannot let them down. Since I took office, my Administration has worked to support the health, education, equity, and economic well-being of Hispanic Americans. In my first week as President, I signed an Executive Order establishing a whole-of-government approach to advancing equity and racial justice. Additionally, my Administration moved swiftly to provide COVID relief to HSIs, families, and small businesses through the American Rescue Plan—a law which on its own is projected to cut Hispanic poverty in America this year by 43 percent. We have also reestablished the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics. We still have a lot of work ahead of us, but I am proud of the historic investments that my 135 STAT. 2725 Administration has made to lift up Hispanic Americans—and we will continue to fight for the rights, dignity, and success of Hispanic Americans every day. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 12 through September 18, 2021, as National Hispanic-Serving Institutions Week. I call on public officials, educators, and all the people of the United States to observe this week with appropriate programs, ceremonies, and activities that acknowledge the many ways these institutions and their graduates contribute to our country. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10257 September 14, 2021National Hispanic Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10257 of September 14, 2021** National Hispanic Heritage Month, 2021 By the President of the United States of America A Proclamation During National Hispanic Heritage Month, we recognize that Hispanic heritage is American heritage. We see it in every aspect of our national life: on our television and movie screens, in the music that moves our feet, and in the foods we enjoy. We benefit from the many contributions of Hispanic scientists working in labs across the country to help us fight COVID–19 and the doctors and the nurses on the front lines caring for people’s health. Our Nation is represented by Hispanic diplomats who share our values in countries all over the world and strengthened by military members and their families who serve and sacrifice for the United States. Our communities are represented by Hispanic elected officials, and our children are taught by Hispanic teachers. Our future will be shaped by Hispanic engineers who are working to develop new technology that will help us grasp our clean energy future and by the skilled union workers who are going to build it. National Hispanic Heritage Month is an important reminder of how much strength we draw as a Nation from our immigrant roots and our values as a Nation of immigrants. I am proud to recognize my four Hispanic Cabinet Secretaries—Secretary of Health and Human Services Xavier Becerra, Secretary of Homeland Security Alejandro Mayorkas, Secretary of Education Miguel Cardona and Small Business Administrator Isabel Guzman—who are all leading executive departments that oversee critical components of American life. My Administration is focused on making equity a priority and ensuring that Hispanics are front and center in our efforts to improve the lives of working families across the country. During National Hispanic Heritage Month, we also recognize that America cannot succeed unless Hispanic families and communities 135 STAT. 2726 succeed, sharing equally in the benefits of our recovery and our investments. My American Rescue Plan provided much-needed relief to the Hispanic community during the pandemic. Additional Paycheck Protection Program funding for small businesses and rental assistance has helped families stay in their homes, and the child tax credit is helping lift Hispanic children out of poverty. A critical key to building back better is ensuring that Hispanic communities also benefit from investments in roads, clean water, and broadband as well as access to early education and other resources that support working families and improve educational outcomes. We must also continue the fight to protect the sacred right to vote and provide a pathway to citizenship for undocumented Hispanics—especially Dreamers, Temporary Protected Status holders, farmworkers, and essential workers—through desperately needed immigration reform. Creating a pathway to citizenship is a top priority for my Administration not only because this benefits our Nation’s economy but also because it is the right thing to do. As we honor and celebrate the contributions of Hispanics to our Nation, we also reaffirm our commitment to extending the hand of friendship to Latin America and strengthening democracy in the region. My Administration has sent over 5 million doses of the COVID–19 vaccine to Mexico with millions more on the way. We have donated over 33 million doses of the vaccine to 21 other countries in Latin America. This included the first doses of the vaccine to reach Haiti, carried there by the United States Coast Guard. This vaccine will help protect Haiti’s first responders and health care workers. In recognition of the achievements of Hispanics, the Congress, by Public Law 100–402, as amended, has authorized and requested the President to issue annually a proclamation designating September 15 through October 15 as “National Hispanic Heritage Month.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 15 through October 15, 2021, as National Hispanic Heritage Month. I call upon public officials, educators, librarians, and all Americans to observe this month with appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10258 September 16, 2021Constitution Day and Citizenship Day, and Constitution Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10258 of September 16, 2021** Constitution Day and Citizenship Day, and Constitution Week, 2021 By the President of the United States of America A Proclamation For 234 years, America’s Constitution has guided our growth, shaped our progress, and defined us as a Nation of sacred laws and fundamental values. When our democracy is tested, we draw strength from the Constitution to see us through. When we look ahead in our uniquely American way—restless, bold, and optimistic—our Constitution is the bedrock we build upon to make our Nation more equal, more just, and more prosperous for all our people. American democracy requires our constant care, vigilance, and full participation to determine the course and conscience of our Union. As President, I swore an oath to preserve, protect, and defend the Constitution, and I will continue to work tirelessly to ensure that we uphold and strengthen this remarkable system of self-government for future generations ready to put their own shoulders to the wheel. The Framers of the Constitution understood the extraordinary promise of a democratic system of government—a Nation that could be made a “more perfect Union” by each passing generation to come. They laid out a set of basic principles and equipped the American people with all that was necessary to meet the changing needs and values of our country through the years. For more than two centuries, women and men have struggled and strived to make good on the promise of our founding document and to expand the promise of America by amending our Constitution in accordance with our growth and progress as a Nation—just as the Framers envisioned they would. Through Civil War, the fight for universal suffrage, and the heroic non-violent resistance of the Civil Rights Movement—from Seneca Falls to Selma and countless acts of civic bravery beyond—courageous Americans have fought, sacrificed, and changed hearts and minds to deliver the full breadth of human dignity to which our Constitution aspires. Fully realizing these ideals and attaining justice for all remains an urgent and enduring imperative. Today, we are in the midst of grave attempts to suppress and subvert the right to vote in free and fair elections—the most sacred right in our democracy and the very heart of our Constitution. We must continue to rebuff these threats to ensure that American democracy remains healthy and strong. My Administration is pursuing an all-of-government effort to protect and expand the fundamental right to vote and make our democracy more equitable and accessible for all Americans. I have often said that America is the only Nation founded on an idea. Though we have never fully lived up to it, we have never walked away from it. We have never stopped striving to fulfill the founding promise of our Nation—that all of us are created equal and deserve to be treated equally throughout our lives. My Administration is committed to bringing us closer to the fulfillment of that promise. To honor the timeless principles enshrined in our Constitution, the Congress has, by joint resolution of February 29, 1952 (36 U.S.C. 106), 135 STAT. 2728 designated September 17 as “Constitution Day and Citizenship Day” and authorized the President to issue a proclamation calling on United States officials to display the flag of the United States on all Government buildings on that day. By joint resolution of August 2, 1956 (36 U.S.C. 108), the Congress further requested that the President proclaim the week beginning September 17 and ending September 23 of each year as “Constitution Week.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 17, 2021, as Constitution Day and Citizenship Day, and September 17, 2021, through September 23, 2021, as Constitution Week. On this day and during this week, we celebrate our Constitution and the rights of citizenship that together we enjoy as the people of this proud Nation. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10259 September 16, 2021National POW/MIA Recognition Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10259 of September 16, 2021** National POW/MIA Recognition Day, 2021 By the President of the United States of America A Proclamation When service members take an oath to defend the Constitution of the United States, they do so knowing that they may be called upon to make great sacrifices to ensure and sustain our shared values. These patriots accept those risks and rush to fulfill the mission, no matter how harsh or dangerous the conditions. They embody the best of the American spirit. For the families and friends who wait at home, anxious for news of their loved ones, these sacrifices can cause great pain. For the families of the more than 81,600 service members who remain missing in action—the pain and grief is compounded by a lack of closure, and the hope that their sons and daughters, sisters and brothers, parents, and grandparents will one day return home. On National POW/MIA Recognition Day, we remember the debt we owe to them and to their families. We pay tribute to our former prisoners of war and recommit to the difficult but essential task of seeking out answers for the families of those still missing. We will always remember and honor our Nation’s prisoners of war and those still missing in action, and keep faith with our promise as a Nation to bring all of our heroes home. Every day, the iconic black and white flag—a powerful symbol in recognition of the heroism and sacrifice of American POWs and MIAs—is flown above the White House. It is a mark of reverence and of solidarity with all those who await answers. Each day, this flag flies over memorials and cemeteries, on military installations, at local post offices, and on the front lawns of homes across the Nation. This flag re135 STAT. 2729 mains a symbol of America’s commitment to honor the sacrifices of all those who serve. My Administration is committed to recovering and identifying Americans missing from prior conflicts. Our efforts are global, and we are thankful for the continued cooperation of all partner nations who advance these humanitarian efforts on behalf of American families. Loss and grief are hard enough without the added and too often prolonged pain of uncertainty. But this much is certain: the United States will never abandon the search for our service members missing and unaccounted for in overseas wars. They will never be forgotten. During National POW/MIA Recognition Day, our Nation conveys eternal gratitude to those who endured enemy captivity and those who made the supreme sacrifice and have yet to return home. We will stand with these heroes, who gave their all to protect and preserve our freedoms, and their families, who have kept the faith and longingly pursued answers across these many decades. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 17, 2021, as National POW/MIA Recognition Day. Along with my fellow Americans, I salute our former POWs who overcame unspeakable indignities to return home with honor. For those who made the ultimate sacrifice and never came home, America will work tirelessly to provide their families and our Nation the fullest possible measure of accounting. I urge all Americans to observe this day of honor and remembrance with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10260 September 17, 2021Minority Enterprise Development Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10260 of September 17, 2021** Minority Enterprise Development Week, 2021 By the President of the United States of America A Proclamation For many families, a business is more than a job—it is the fulfillment of a dream: a better life, a family legacy, a place in the community. Minority businesses in particular are the heart and soul of so many communities across our Nation. From Wall Street to Main Street, over 9.2 million minority business enterprises
(MBEs)support jobs and generate more than $1.8 trillion for our economy every year. During Minority Enterprise Development Week, our Nation recognizes the importance of minority-owned businesses and the impact they have on every community. Even as the COVID–19 pandemic continues to test America’s businesses like few events in our Nation’s history, MBEs and minority business owners have shown remarkable resilience, working around 135 STAT. 2730 the clock and adapting to changes to keep their businesses running and their employees safely working. Despite these efforts, minority-owned businesses have been disproportionately hard-hit, with many forced to shut down because of revenue losses and many more hanging on by a thread. My Administration is committed to supporting minority entrepreneurs and minority-owned businesses. On my first day in office, I signed an Executive Order directing the entire Federal Government to advance equity for underserved communities across our Nation, specifically with respect to Federal procurement. In order to help our struggling businesses during the darkest moments of the pandemic, my Administration revamped the Paycheck Protection Program to provide greater access to small businesses, including minority-owned businesses. Because the Federal Government is the Nation’s largest buyer, purchasing $600 billion of goods and services each year, and because these purchases not only meet our Nation’s needs but also supply economic opportunity, I recently announced a new goal to increase the share of contracts awarded to small disadvantaged businesses by 50 percent over the next 5 years. Additionally, my Bipartisan Infrastructure Deal will expand the authority and stature of the Minority Business Development Agency within the Department of Commerce so that it can continue to break barriers, blaze new trails, and eliminate the unique challenges minority-owned businesses face in accessing capital, contracts, and market avenues to success. During Minority Enterprise Development Week, we recognize that our Nation and our economy are stronger because of the hardworking men and women who comprise America’s minority business community. They consistently demonstrate the courage it takes to overcome adversity, seize opportunity, and contribute to our shared prosperity. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 19, 2021, through September 25, 2021, as Minority Enterprise Development Week. I call upon the people of the United States to acknowledge and celebrate the achievements and contributions of minority business entrepreneurs and enterprises and commit together to promote systemic economic equality. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10261 September 17, 2021National Farm Safety and Health Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10261 of September 17, 2021** National Farm Safety and Health Week, 2021 By the President of the United States of America A Proclamation In every generation, America’s farmers, ranchers, and farmworkers have fed and fueled our Nation, nurturing the strength and health of our people, our communities, and our economy. Since 1944, we have celebrated these critical workers during National Farm Safety and Health Week—a time for all of us to recommit ourselves to advancing the safety and well-being of all hardworking farm and ranch workers. The contributions of farmers, ranchers, and farmworkers have always been essential, but they have perhaps never been more evident than during the COVID–19 pandemic. The pandemic has taken an incalculable toll on our Nation’s farms and farming communities, with high rates of infections and illnesses affecting nearly every facet of our agricultural system. Beyond the unique challenges posed by the pandemic, the agriculture sector has always been both physically and mentally demanding, and it remains one of the most dangerous industries in America. Despite these challenges, our dedicated farmers, ranchers, and farmworkers have continued to work around the clock, putting their lives and the lives of their loved ones on the line to ensure that families across the country have food on the table. Their sacrifices are commendable, but they should not have to risk injury, illness, or death to do their jobs. Our Nation has a duty to protect agricultural workers and promote safety education for farmers and farm families. We must continue to reduce the risks of accidents, injuries, and fatalities—including those on rural roadways involving tractors and other machinery—as well as the health risks associated with prolonged exposure to fertilizers and chemical agents. We must continue to get Americans vaccinated, so that our brave farmers, ranchers, and farmworkers can go to work free from the deadly threat of COVID–19. American farmworkers are the best in the world, and they have always faced the challenges of the job head-on. Their success is our Nation’s success, and we must support them and their well-being as they feed the world, lift up their local communities, and contribute to the prosperity and possibilities of rural America and beyond. My Administration is committed to ensuring that every farmer, rancher, and farmworker can work in a safe and healthy environment. By having their backs, our Nation will continue to lead the world in agricultural production and innovation and ensure that our food supply is secure and our economy is strong. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 19 through September 25, 2021, as National Farm Safety and Health Week. I call upon the people of the United States, including America’s farmers and ranchers and agriculture-related institutions, organizations, and businesses to reaffirm a dedication to farm safety and health. I also urge all Americans to honor the historic and ongoing contributions of our agricultural sector and express appreciation and grati135 STAT. 2732 tude to our farmers and ranchers for their vital contributions and tireless service to our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10262 September 24, 2021National Hunting and Fishing Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10262 of September 24, 2021** National Hunting and Fishing Day, 2021 By the President of the United States of America A Proclamation On National Hunting and Fishing Day, we celebrate the time-honored traditions of hunting and fishing and their role in providing people of all ages and backgrounds the opportunity to enjoy the great American outdoors. From the earliest days of our Nation, hunting and fishing have instilled respect for our long-cherished natural resources and American ethic of conservation. Passed on through generations, these beloved pastimes bring families, friends, and neighbors together to bond in the spirit of sportsmanship, cultivate respect for our lands, waters, and wildlife, and provide peaceful sanctuary amid our Nation’s natural wonders. During the COVID–19 pandemic, hunting and fishing have been especially critical in providing a recreational reprieve for many Americans from the stressors of these difficult times. When entertainment venues, stadiums, gyms, and local businesses were closed, hunting and fishing afforded many Americans the opportunity to commune with nature and find some semblance of normalcy. The majestic public lands and waters of our country—and our responsibility to serve as good stewards of the natural resources we have been blessed with—are even more appreciated by those who took to the great outdoors as an outlet during the pandemic. It is one of the reasons the Department of the Interior recently announced the largest expansion of hunting, fishing, and outdoor recreation opportunities on public lands in recent history. Ensuring that public lands are available to every American for activities like hunting and fishing is central to my Administration’s “America the Beautiful” initiative—an ambitious goal to pursue a locally-led and national, voluntary effort to conserve, connect, and restore 30 percent of our lands and waters, by 2030. We will continue to carry out this program together with agricultural and forest landowners; anglers, hunters, and outdoor enthusiasts; Tribal Nations, States, and territories; local officials; and other important partners and stakeholders in order to identify conservation strategies that reflect the priorities of all communities. This initiative is only a starting point in our efforts to protect our environment and conserve our resources for future generations. We will continue to rely on America’s sportswomen and men to pass on their love and respect for our lands, waters, and wildlife to our children and grandchildren.135 STAT. 2733 Hunting and fishing also play a large role in funding conservation efforts, for example through fishing licenses and Duck Stamps—works of art that for nearly a century have helped protect habitats for birds and other wildlife. These activities also fuel economic prosperity—especially in rural communities—with more than 50 million Americans hunting and fishing every year, creating over $200 billion in economic activity and supporting over 1.5 million jobs. The continuation of these time-honored traditions will ensure that our lands and waters receive the care and funding they need to stay accessible and magnificent for all Americans. Whether fulfilling a family tradition on opening day of hunting season or a new angler catching their first trout on a restored river, we will ensure that future generations have the same opportunities to take part in these cherished pastimes. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 25, 2021, as National Hunting and Fishing Day. I call upon all Americans to observe this day with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10263 September 24, 2021National Public Lands Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10263 of September 24, 2021** National Public Lands Day, 2021 By the President of the United States of America A Proclamation On National Public Lands Day, we celebrate America’s beautiful and majestic public lands—those irreplaceable natural treasures that belong to all of us in equal measure. Our Nation is blessed with an abundance of awe-inspiring public lands, including National Parks, Monuments, conservation areas, wildlife refuges, forests, grasslands, marine sanctuaries, lakes, and reservoirs. For Americans in every part of our Nation, these spaces are invaluable sources of recreation and education, of spiritual fulfillment and rejuvenation, and of inspiration and pride. Since 1994, National Public Lands Day has brought together hundreds of thousands of volunteers to help restore these essential places; today, it is the largest single-day public lands volunteer event in our Nation. From Shenandoah National Park to Tonto National Forest, volunteers complete service projects like building bridges and trails, restoring native ecosystems, collecting trash, and removing invasive species. These service projects also give volunteers the opportunity to learn more about our public lands and understand the environmental, economic, and health benefits our natural wonders provide. On this day, all federally managed public lands and waters will offer free admission for anyone in America who wishes to explore these shared spaces.135 STAT. 2734 My Administration is committed to conserving our precious public lands and waters. Earlier this year, I signed an Executive Order to create a Civilian Climate Corps, which will put dedicated Americans to work conserving and restoring our public lands and waters for the benefit of all our people. Through our “America the Beautiful” initiative, we are also working with State, local, and Tribal governments as well as private landowners through voluntary conservation efforts to achieve our goal of conserving 30 percent of our Nation’s lands and waters by 2030. This decade-long effort will harness the best of the American spirit to protect our biodiversity, improve access to public spaces, and conserve and restore the lands, waters, and wildlife that we all depend on for generations to come. Our public lands have provided millions of Americans with a much-needed reprieve from the stress and hardships felt during the COVID–19 pandemic. As we continue to get America vaccinated and defeat the pandemic, I invite all Americans to recognize the enormous value—both tangible and intangible—of these unique natural places and to support their local public lands and waters through acts of volunteerism and service. At the same time, we also recognize that not all Americans have equal access to our public lands. My Administration is committed to improving equitable access to nature in every community and to ensuring that every American has the opportunity to enjoy these natural spaces that belong to all of us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 25, 2021, as National Public Lands Day. I invite all Americans to join me in a day of service for our public lands. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10264 September 24, 2021Gold Star Mother’s and Family’s Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10264 of September 24, 2021** Gold Star Mother’s and Family’s Day, 2021 By the President of the United States of America A Proclamation Throughout our history, America’s men and women in uniform have dedicated their lives and made the ultimate sacrifice to protect our freedom and the freedom of oppressed people around the world. They are the backbone of America, and make up the bravest, most capable, most selfless military on the face of the Earth. We witnessed that in the historic undertaking to evacuate more than 124,000 American citizens, the citizens of our allies and partners, our Afghan allies, and other at risk Afghans from Kabul, Afghanistan. I am outraged by the vicious terrorist attack at the Kabul Airport that took the lives of our brave service members who were working to save the lives of others. My heart aches that this year we have more Gold 135 STAT. 2735 Star families who must mourn their heroic loved ones. Our Nation is forever indebted to those who gave their last full measure of devotion to defend our peace and security. We are devastated by their loss and inspired by their sacrifice. When we remember these fallen service members, we must also honor the people who mourn their losses. We remember them every day, and on this day, we pay special tribute to their surviving families. The families of our fallen men and women in uniform understand the true and painful price of freedom—coping with loss and unspeakable grief. And today, on Gold Star Mother’s and Family’s Day, we recognize their enduring pain and honor their resilience. We stand with them to preserve the legacy of their fallen loved ones and pledge that their memories and their sacrifices will never be forgotten. Jill and I know the pride, but also the uncertainty and fear, that military families feel when their loved ones are deployed, wondering if they will return home. Whenever I deploy our troops into harm’s way, I take that responsibility seriously. It is a burden that I carry every day. Every life lost in service to this country is an unspeakable tragedy, and while we as a Nation can never repay that debt, we have a sacred obligation to support those they leave behind. To all of our surviving families, know that our entire Nation grieves with you. Know that there are resources available and ready to support you, and know that the American people will keep our sacred obligation to you and to the memory of your loved one. You represent the best of America, and we are grateful for your courage. The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat. 1895 as amended), has designated the last Sunday in September as “Gold Star Mother’s Day.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim Sunday, September 26, 2021, as Gold Star Mother’s and Family’s Day. I call upon all Government officials to display the flag of the United States over Government buildings on this special day. I also encourage the American people to display the flag and hold appropriate ceremonies as a public expression of our Nation’s gratitude and respect for our Gold Star Mothers and Families. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10265 September 27, 2021National Voter Registration Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10265 of September 27, 2021** National Voter Registration Day, 2021 By the President of the United States of America A Proclamation The right to vote is central to who we are as a Nation and a people—it defines us as Americans, propels us to ever-greater progress, and serves as the foundation of our liberty. Voting provides Americans with a voice in building the country we want to live in together and the country we hope to leave to our children and grandchildren. The right to vote freely and fairly, and to have our vote counted, is a sacred and fundamental part of our Nation’s character. With it, anything is possible for America; without it, nothing is. For our democracy to work, it is up to all of us to protect the right to vote—and to exercise it. The first step that all of us can take is to make sure that we are registered to vote. Each year, National Voter Registration Day reminds us of our right and our responsibility, as individual citizens and as one Nation, to exercise the sacred right to vote and ensure that our voices are heard. Through great sacrifice and the courage of generations of civil rights leaders and activists, we have made strides to ensure that more Americans are able to take part in the democratic process. We have repeatedly amended the Constitution to expand voting access across our history, and landmark legislation like the Indian Citizenship Act of 1924 and the Voting Rights Act of 1965 have helped to make those constitutional promises real and meaningful for more and more of our people. But this work remains unfinished. Today, the right to vote is being suppressed and subverted in many parts of the country by shameful attempts to restrict Americans’ access to the ballot and the rolling back of decades of voting rights progress. This assault—largely targeting Americans of color, as such assaults so often have through the darkest chapters of our history, is an attack on our democracy, on our liberty, and on who we are as Americans. As my friend, American hero Representative John Lewis, reminded us shortly before he passed, ‘Democracy is not a state; it is an act.’ It is our shared responsibility to act as one people to secure the basic promise of American democracy. My Administration has taken firm and far-reaching action to expand and protect voting rights. Earlier this year, I issued an Executive Order to promote access to voting. This order established a whole-of-government effort directing Federal agencies to expand access to voter registration and election information, especially in some of our most underserved communities. My Administration also supports Federal legislation to set basic national standards for fair registration and voting in Federal elections and to protect against racial discrimination and the subversion of the election process. Guaranteeing the right to vote and ensuring that every vote is counted has always been one of the most patriotic things we can do, and my Administration is committed to safeguarding and strengthening our democracy. As we observe National Voter Registration Day, I encourage all eligible Americans to make sure they are registered to vote—to check their registration status and ensure that their registration is accurate and up to 135 STAT. 2737 date—and to help their neighbors, family, and friends to do the same. Visit Vote.gov for more information on how to register to vote. I also urge policymakers and citizens across the country, of all parties, to join me in defending, strengthening, and expanding this paramount constitutional right. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim September 28, 2021, as National Voter Registration Day. I call on all Americans to observe this day by ensuring they are registered to vote, and thereby prepared to stand up for our democracy and the vitality and integrity of our elections. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10266 September 30, 2021Cybersecurity Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10266 of September 30, 2021** Cybersecurity Awareness Month, 2021 By the President of the United States of America A Proclamation Our Nation is under a constant and ever-increasing threat from malicious cyber actors. Ransomware attacks have disrupted hospitals, schools, police departments, fuel pipelines, food suppliers, and small businesses—delaying essential services and putting the lives and livelihoods of Americans at risk. Any disruption, corruption, or dysfunction of our vital infrastructure can have a debilitating effect on national and economic security, public health, and our everyday safety. Since its inception, Cybersecurity Awareness Month has elevated the central role that cybersecurity plays in our national security and economy. This Cybersecurity Awareness Month, we recommit to doing our part to secure and protect our internet-connected devices, technology, and networks from cyber threats at work, home, school, and anywhere else we connect online. I encourage all Americans to responsibly protect their sensitive data and improve their cybersecurity awareness by embracing this year’s theme: “Do Your Part. Be Cyber Smart.” My Administration has worked to bolster the defense of our systems and protect the Federal Government’s information and communications infrastructure. Earlier this year, I signed an Executive Order to modernize and improve the security of our technology, including areas like software security, information sharing, and Federal network modernization. The Executive Order also directs the Federal Government to only acquire products that meet strong cybersecurity standards—which, by spurring technology companies to raise the bar, will ultimately improve the security of those products for all Americans. The reality is that most of our Nation’s critical infrastructure—from transportation lines to energy suppliers to other vital fields—is owned 135 STAT. 2738 and operated by the private sector. Therefore, the security of our critical infrastructure depends on Federal, State, local, Tribal, and territorial coordination with infrastructure owners and operators to achieve greater strength and security. My Administration is working in close coordination with the private sector. Earlier this year, we began to establish strong cybersecurity goals that outline our expectations for owners and operators of America’s critical infrastructure. We also launched a 100-day initiative to improve cybersecurity across the electric sector. That initiative has already resulted in more than 150 utilities that serve 90 million Americans deploying or committing to deploy cybersecurity technology—and we are now in the process of extending that initiative to gas pipelines. My Administration is also working with the international community to elevate the profile of cybersecurity as a matter of global security interest. We recently convened a meeting with corporate, nonprofit, and educational leaders on how to protect their industries and our infrastructure. We are working closely with the private sector to share information, strengthen cybersecurity practices, and deploy technologies that increase resilience against cyberattacks. My Administration has also launched StopRansomware.gov to provide a one-stop resource for Americans to learn how to avoid ransomware and the steps to take if their computer becomes compromised. During Cybersecurity Awareness Month, I ask everyone to “Do Your Part. Be Cyber Smart.” All Americans can help increase awareness on cybersecurity best practices to reduce cyber risks. Whether you are at home, school, or the office—a few simple steps can help keep you and your online data safe and secure. By limiting the amount of personal information shared online, regularly updating devices and software, and using complex passwords and multifactor authentication methods, our entire Nation will be more resilient against the constant threat of malicious cyber actors. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as Cybersecurity Awareness Month. Through events, training, and education, I call upon the people, businesses, and institutions of the United States to recognize the importance of cybersecurity, to take action to better protect yourselves against cyber threats, and to observe Cybersecurity Awareness Month in support of our national security and resilience. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10267 September 30, 2021National Arts and Humanities Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10267 of September 30, 2021** National Arts and Humanities Month, 2021 By the President of the United States of America A Proclamation As our Nation continues to grapple with consequential crises—from combating the ongoing global pandemic and addressing cries for racial justice to tackling the existential threat that climate change poses to our planet—the arts and humanities enable us to both understand our experiences and lift our sights. During this National Arts and Humanities Month, we celebrate the power of the arts and humanities to provide solace, understanding, and healing. We recognize the ability of the arts and humanities to amplify important and diverse voices and messages. We reflect on the fact that, as we have struggled with isolation, anxiety, and the loss of loved ones, we have turned to music and dance, literature and poetry, and philosophy and history to bring us together and help us persevere through, and grapple with, our current moment. From our Nation’s earliest days, we have recognized the arts as a foundation of our Republic. As George Washington wrote in 1781, “The arts and sciences [are] essential to the prosperity of the State and to the ornament and happiness of human life.” Today, any American—regardless of their background—can create art and turn to it for hope, acceptance, and inspiration. The arts and humanities have united us as a Nation—from the television programs we watch to the books and exhibits that inspire us—providing a sense of community when we need it most. The COVID–19 pandemic has devastated our creative sectors. Before the pandemic, our Nation’s arts and culture sectors were strong and vibrant—a nearly $1 trillion industry employing over 5 million Americans. But as the pandemic canceled events and closed theatres, concert halls, and performance venues, the unemployment rates for the cultural community spiked to among the highest in the Nation. Many museums, libraries, and arts venues closed their curtains and doors, some for a final time. For our Nation to fully recover and heal, we need the creative economy and our cultural sector to recover. My Administration recognizes the essential role the arts and humanities play in our Nation’s economy, democracy, health, and vitality and is committed to supporting the arts community. That is why my American Rescue Plan added another $1.25 billion in funding for the Shuttered Venues Operators Grant through the Small Business Administration, for a total of $16.25 billion. This critical program continues to provide much-needed relief to music and arts venues. My American Rescue Plan also provided an additional $135 million each for the National Endowment for the Arts
(NEA)and the National Endowment for the Humanities
(NEH)and $200 million for the Institute of Museum and Library Services (IMLS). My proposed budget for Fiscal Year 2022 also includes significant funding increases for the NEA, NEH, and IMLS. Collectively, these funds will help put people back to work and support our Nation’s creators. The arts can educate. To build vaccine confidence and communicate the benefits of vaccination in creative and culturally relevant ways, my 135 STAT. 2740 Administration has partnered with artists and cultural icons to encourage Americans of all ages and from all corners of our Nation to get vaccinated. In this way, the arts can help us put an end to COVID–19. Thanks to the progress we are making with people getting vaccinated, tens of millions of Americans can go back to plays, concerts, and the movies. The arts can also heal Americans, from those who have suffered the traumas of loss or isolation during the pandemic to veterans and service members returning from war. The pandemic has further revealed to us deep and unacceptable inequities in health care, education, and justice. The arts and humanities reveal the depths of these inequities and help us have the conversations and address the challenges that can be difficult to confront. The arts help us express and process our hurt and outrage as well as our joy and wonder—to better understand the experiences of our neighbors. By supporting and showcasing the creativity and experiences of those that have too often been discounted, we can advance our realization of a society that prioritizes equity and empathy. This October, as we celebrate National Arts and Humanities Month, let us turn to the arts and humanities as a way to help America heal and grow. Let us build back better by ensuring that our cultural workers and creators are back at work and thriving. Let us ensure that everyone in America—regardless of race, geography, ability, and socioeconomic status—has equal and unrestricted access to the arts and humanities, and the opportunities they afford. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as National Arts and Humanities Month. I call upon the people of the United States to observe this month with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10268 September 30, 2021National Breast Cancer Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10268 of September 30, 2021** National Breast Cancer Awareness Month, 2021 By the President of the United States of America A Proclamation During National Breast Cancer Awareness Month, we stand with the courageous women and men who have been diagnosed with breast cancer and honor those who have lost their battle to this terrible disease. As the second most common cancer affecting women, an estimated 1 in 8 women will develop breast cancer over the course of their lifetime and 281,550 women will be diagnosed with breast cancer in the United States in 2021. Cancer touches so many families across the country—including ours. It is up to all of us to continue fighting for a cure and to ensure that every American has access to the quality care they need.135 STAT. 2741 This year marks the 30th anniversary of the National Breast and Cervical Cancer Early Detection Program, which provides free breast and cervical cancer screenings to low-income, uninsured, and underinsured women in every State, as well as many Tribal organizations and Territories. To find information on how to get screened through this program, visit: cdc.gov/cancer/nbccedp/screenings.htm. Early detection is one of the most important strategies for treating breast cancer successfully, and regular screenings are the most reliable way to detect it early. The COVID–19 pandemic has disrupted many parts of our lives, and has produced new deficits in breast cancer early detection, so there is renewed urgency to getting these recommended screenings scheduled, before a cancer has spread and becomes less treatable. I encourage everyone to maintain their scheduled screenings, doctor appointments, and treatments without delay while observing coronavirus safety measures. For decades, the medical community and advocates have helped our Nation make great progress in the fight against cancer. First Lady Jill Biden is proud to be a part of that movement, having founded the Biden Breast Health Initiative, which educated high school girls in Delaware about breast health and helped them spread the word to their own families. Still, our Nation has a long way to go before this disease no longer threatens American lives. I am committed to doing everything I can to bring together our cancer research community and give them the resources they need to make progress in the prevention, detection, and treatment of breast cancer. That is why I have called for the creation of an Advanced Research Projects Agency for Health at the National Institutes of Health (ARPA–H) which would invest $6.5 billion to develop breakthroughs that prevent, detect, and treat cancer and other deadly diseases. My American Rescue Plan also expands access to affordable health insurance coverage, ensuring that more women are able to receive these screenings and treatments without worrying about cost. The Affordable Care Act
(ACA)has expanded coverage to millions of women who were previously uninsured and has given millions of women access to preventive services, including screening tests such as mammograms with no out-of-pocket costs. Additionally, insurance companies can no longer discriminate against women with pre-existing conditions, such as breast cancer. My Administration is committed to protecting and building on the ACA to ensure that more people have access to quality, affordable health care and to lifting the inequitable health burden that falls on Black women. As we observe National Breast Cancer Awareness Month, we are united in our commitment to ending breast cancer and improving the lives of all those affected by this illness. We applaud the advocates, medical professionals, researchers, and caregivers who dedicate their lives to making progress toward cures. This month, we stand in solidarity with breast cancer survivors across the country and reaffirm our commitment to advancing research efforts that deliver hope to patients everywhere. More information on breast cancer is available at cancer.gov/breast. Information specialists at the National Cancer Institute are also available to help answer cancer-related questions in English and Spanish at 1–800–422–6237.135 STAT. 2742 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as National Breast Cancer Awareness Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to join in activities that will increase awareness of what Americans can do to prevent and control breast cancer, and pay tribute to those who have lost their lives to this disease. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10269 September 30, 2021National Clean Energy Action Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10269 of September 30, 2021** National Clean Energy Action Month, 2021 By the President of the United States of America A Proclamation In the months leading up to this year’s National Clean Energy Action Month, nearly 1 in 3 Americans has seen their community struck by weather disasters. The climate crisis is here and is threatening the safety and health of Americans across our Nation and people around the world. As the country continues to face droughts, heat waves, wildfires, floods, and hurricanes, we recognize that the window to avoid catastrophic outcomes is rapidly closing. The science is undeniable, and the cost of inaction is rising. At the same time, winter storms and hurricanes have tragically reminded us of the suffering and loss of life that can occur when access to energy is cut off or disrupted. During National Clean Energy Action Month, we recognize the importance of a clean energy future and the vital role we all have to play in working to avert the climate crisis. Today, the energy sector accounts for more than 80 percent of United States emissions. My Administration has set ambitious and attainable goals of reducing United States greenhouse gas emissions by achieving a 100 percent clean electricity sector by 2035 and reaching net zero emissions economy-wide by no later than 2050. The path forward is clear: we must move quickly and decisively to power America with clean energy. This will require investment and innovation and will result not only in cleaner energy but also new jobs and lower bills. That is why my Administration has been working aggressively to scale the deployment of large-scale and rooftop solar, offshore and onshore wind, and other clean energy technologies. We are committed to investing in American innovation to drive down costs and reduce our overall demand for energy. We are committed to upgrading, modernizing, and expanding our power grid to include clean power and to ensuring our grid is more resilient in the face of everything from extreme weather to cyber attacks. We are also investing in emerging technologies and bolstering our domestic supply chain for batteries and other clean technologies so that our clean energy future is made in 135 STAT. 2743 America. At the same time, we are investing in the communities that are home to coal and fossil-fuel power plants to create new good-paying job opportunities for the workers who have powered our country and economy for over a century. While the Federal Government can leverage powerful tools to help our Nation reach our climate goals, we cannot do it alone. Every American has a role to play in making smarter, more conscientious choices about how we use power within our homes, offices, schools, and places of worship. Simple actions like turning off the lights when we leave a room or upgrading our energy monitoring systems using tools like smart thermostats can help conserve energy and save money on energy bills. These small, intentional acts can add up to significant savings. During National Clean Energy Action Month, we also recognize that for too long, low-income communities and communities of color have borne a disproportionate burden of pollution from fossil fuels and other industries. That is why I signed an Executive Order establishing a White House Environmental Justice Advisory Council to prioritize environmental justice and ensure a whole-of-government approach to addressing current and historical environmental injustices. Our goal is to ensure that historically underserved communities also benefit from clean energy. Throughout National Clean Energy Action Month, we recommit to acting on the climate crisis with urgency and moving quickly toward 100 percent clean energy, so we can create a safer, healthier, more prosperous future for all Americans. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as National Clean Energy Action Month. I call upon the citizens of the United States to recognize this month by working together to mitigate climate change and achieve a healthier environment for all. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10270 September 30, 2021National Disability Employment Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10270 of September 30, 2021** National Disability Employment Awareness Month, 2021 By the President of the United States of America A Proclamation When we passed the Americans with Disabilities Act
(ADA)31 years ago, our Nation moved closer to fulfilling its foundational promise of liberty, justice, dignity, and equality for all. I was enormously proud to co-sponsor the ADA as a member of the United States Senate—a truly bipartisan effort that was personal to millions of families. For more than 60 million disabled Americans, the ADA is much more than just a law. It provides a vital source of opportunity and self-sufficiency, 135 STAT. 2744 allows for increased economic participation, and serves as a powerful shield against discrimination in the workplace. National Disability Employment Awareness Month is a chance for us to celebrate workers with disabilities and recommit ourselves to dismantling barriers to access and inclusion in the workplace. This year, the Office of Disability Employment Policy in the Department of Labor celebrates 20 years of helping advance opportunity for workers with disabilities across the Nation. As part of its mission, the agency remains at the forefront of emerging challenges in the workplace, such as developing comprehensive resources to ensure that workers grappling with the long-term effects of COVID–19 have access to the rights and resources they are due under disability law—including flexibilities, tools, and accommodations in the workplace. Despite the progress our Nation has made in recent decades, people with disabilities are still too often marginalized and denied access to the American dream. Americans with disabilities—particularly women and people of color—have faced long-standing gaps in employment, advancement, and income. The COVID–19 pandemic has compounded these inequities, as people with disabilities have faced heightened risks—particularly the disproportionate share of people with disabilities employed in the hardest-hit industries. Our Nation will never fully recover and rebuild unless every single community—including disabled Americans—is fully included. My Administration remains focused on ensuring that every single American has the chance to thrive, succeed, and contribute their talents. That is why I have issued Executive Orders to advance diversity, equity, inclusion, and accessibility to bolster career paths and promote economic stability for Americans with disabilities. I have proposed eliminating outdated, discriminatory provisions in the Fair Labor Standards Act that allow employers to pay disabled workers less than the minimum wage. Young people with disabilities in particular must be part of an inclusive economic recovery so that they can find the fulfilling careers, apprenticeships, and futures they deserve in every industry; to that end, we must promote the technologies and tools, as well as the attitudes, that foster welcoming work environments for young Americans. Our Nation’s future will be brighter and more secure when everyone is dealt into the economy we build together. All Americans should be proud that we have made substantial progress since the days before the ADA—when an employer could refuse to hire you because of a disability, when a person using a wheelchair could not take a bus or a train to work, and when a person with a disability could be denied service in a restaurant or grocery store. Now, 31 years later, it is the shared responsibility of all of us to tear down the barriers that remain for people with disabilities and to ensure that all Americans have the chance to find good jobs and build good lives—for themselves and for the good of our entire Nation. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents and skills that workers with disabilities bring to the national recovery and to promote the right to equal employment opportunity for all people.135 STAT. 2745 IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10271 September 30, 2021National Domestic Violence Awareness and Prevention Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10271 of September 30, 2021** National Domestic Violence Awareness and Prevention Month, 2021 By the President of the United States of America A Proclamation For too long, domestic violence was considered a “family issue” and was left for families to address in private. That is why, decades ago, I created and pushed for the Violence Against Women Act
(VAWA)to be passed. Today, we recognize the important roles of the public and private sectors, non-profit organizations, communities, and individuals in helping to prevent and address domestic violence and create a culture that refuses to tolerate abuse. Domestic violence affects millions of people in the United States, causes significant harm to the physical and mental health of survivors and their families, undermines their economic stability and overall well-being, and is a stain on the conscience of our country. While significant progress has been made in reducing domestic violence and improving services and support for survivors, much work remains to be done to expand prevention efforts and provide greater access to safety and healing. During National Domestic Violence Awareness and Prevention Month, we come together to reaffirm our commitment to ending domestic violence and supporting survivors. Domestic violence is an abuse of power that tears apart the fabric of relationships and families and undermines the well-being of communities. One in 4 women and 1 in 10 men have experienced sexual violence, physical violence, or stalking by an intimate partner during their lifetime. Homicide is one of the leading causes of death in the United States for women under the age of 44, and nearly half are killed by a current or former male intimate partner. During the COVID–19 pandemic, domestic violence has become a pandemic within a pandemic, with many victims facing the added pressures of increased economic insecurity, increased time in isolation with their abusers, and limited contact with their support networks. This has made it even more difficult for victims to access the lifesaving services and support they need. To strengthen our response to domestic violence and all forms of gender-based violence, my American Rescue Plan allocated an additional $450 million to increase support for domestic violence and sexual assault service providers and to further assist survivors in their short- and long-term transition away from their abusers. It also includes a historic commitment to funding culturally-specific community-based organizations to address the needs of survivors in historically marginalized communities. My Administration also allocated an additional $550 135 STAT. 2746 million for domestic violence shelters and supportive service providers to develop and employ COVID–19 detection and mitigation strategies and help survivors access health care during the pandemic. In the Fiscal Year 2022 budget, I proposed an historic $1 billion for grant programs administered by the Department of Justice’s Office on Violence Against Women, and more than doubled investments through the Family Violence Prevention and Services Act. I was also proud to sign into law the Victims of Crime Act Fix to Sustain the Crime Victims Fund Act, which increases resources available to help thousands of survivors of domestic violence. To accelerate this progress, the White House Gender Policy Council is working to develop our Nation’s first ever National Action Plan to End Gender-Based Violence and the Council is collaborating with the Department of State and other Federal agencies to update and strengthen our Strategy to Prevent and Respond to Gender-Based Violence Globally. My Administration is also working to prevent and improve the response to intimate partner violence in our military and pushing to strengthen VAWA. Authoring and championing VAWA remains one of my proudest legislative achievements as a Senator, and its reauthorization is long overdue. Legislation to reauthorize and strengthen VAWA, which already passed the House of Representatives with bipartisan support, would reduce intimate partner homicides by strengthening common sense gun laws, expand protections for Native American survivors, increase access to safe housing, expand training for trauma-informed policing, and support programs centered on restorative practices. We are also committed to reauthorizing the Family Violence Prevention and Services Act to strengthen efforts to address domestic violence as a public health issue and to increase support for life-saving services and prevention programs across the Nation. During National Domestic Violence Awareness and Prevention Month, we honor the tremendous dedication of advocates and service providers, honor the courage and resilience of survivors, and recommit ourselves to standing with them for safety, dignity, and justice. There is still much work to do, and it will take all of us to do it. We must rededicate ourselves to creating a society where domestic violence is not tolerated, where survivors are supported, and where all people have an opportunity to thrive without fear of violence or abuse. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as National Domestic Violence Awareness and Prevention Month. I call on all Americans to speak out against domestic violence and support efforts to educate young people about healthy relationships centered on respect; support victims and survivors in your own families and networks; and to support the efforts of victim advocates, service providers, health care providers, and the legal system, as well as the leadership of survivors, in working to end domestic violence. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10272 September 30, 2021National Youth Justice Action Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10272 of September 30, 2021** National Youth Justice Action Month, 2021 By the President of the United States of America A Proclamation I have often said that America’s young people are the kite strings that hold our national ambitions aloft—they carry the possibilities of our country and the sacred promise of a democracy where every one of us is treated equally and entitled to equal justice under the law. However, far too many of our young people are effectively excluded from participating in our democracy, having been sidelined by unnecessary encounters with the justice system. They deserve a second chance. During National Youth Justice Action Month, I call upon States and communities to join me in seeking justice for our youth and modernizing our juvenile justice system, a system that should allow young people to build their lives and grow with freedom and dignity. Long-standing inequities in our society—including in our juvenile and criminal justice systems—continue to disproportionately burden people of color and people with disabilities. Nationwide, Black youth are more than four times as likely as their white peers to be held in juvenile facilities, and they come into contact with both the juvenile justice and the child welfare systems at far higher rates. Additionally, one-third of young people in juvenile justice facilities have a disability, including many with emotional distress and learning disabilities. To deliver equal justice and equal dignity to all people, it is imperative that we root out racial inequities and other forms of discrimination from these systems. Although youth arrests are at their lowest levels in decades, each arrest can create a ripple effect of heightened risks and negative consequences for young people. Once in the system, young people may face abusive treatment and dangerous conditions, including excessive use of restraint, guard-instigated fights, and sexual assault. Adverse environments and lack of support make it difficult for young people who enter the carceral system to lead healthy, productive lives upon exiting. To give all of our young people a chance to live up to their full potential, we need to shift our approach from a default stance of incarceration to one of prevention—a strategy that recognizes that children’s developmental stages and needs are starkly different from those of adults. Addressing racial disparities in school discipline and supporting proven early intervention efforts like afterschool and mentoring programs are simple steps we can take to help all young people find a sense of purpose and contribute to their communities. Many States are making a greater effort to keep teenagers under the jurisdiction of juvenile courts, which take their developmental needs into account and are better equipped to support their rehabilitation than systems built for adults. In my Fiscal Year 2022 budget, I proposed an $800 million investment to more than double our current funding for juvenile justice and youth reentry programs that protect children and help young people get the services they need to get back on their feet. This includes incentives 135 STAT. 2748 for States and communities that introduce reforms to reduce youth incarceration—including repurposing juvenile detention facilities to focus more on youth development. It also includes resources to develop research-based solutions to steer kids away from detention and toward more positive alternatives. Through grants provided by the Office of Juvenile Justice and Delinquency Prevention at the Department of Justice, we are giving young people access to high-quality legal representation and resources to help them better manage the consequences of their contact with the system. We will ensure that young people in the juvenile justice system receive the counsel they are entitled to and will work to address the disproportionately high enforcement directed against young people of color. Moreover, my Administration is working to ensure that all young people have the support they need to avoid entering the justice system in the first place. I have proposed $1 billion for a new School-Based Health Professionals grant program to help double the number of counselors, nurses, social workers, and other health professionals in our schools. In addition, I have proposed $443 million for Full-Service Community Schools, which would provide comprehensive wrap-around services to students and their families. Programs like these help ensure that more young people grow up in supportive environments and have what they need to reach their full potential. It is the responsibility of all of us to support America’s youth and ensure that they are in a position to thrive in every community. By shifting our focus from incarceration to prevention, we can bring about a brighter future for our young people and our country as a whole. Together, we can fulfill the promise of an America that is just and equitable for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2021 as National Youth Justice Action Month. I call upon all Americans to observe this month by taking action to support our youth and by participating in appropriate ceremonies, activities, and programs in their communities. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10273 September 30, 2021National Youth Substance Use Prevention Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10273 of September 30, 2021** National Youth Substance Use Prevention Month, 2021 By the President of the United States of America A Proclamation Far too many families across our Nation have been impacted by addiction and the overdose epidemic. In 2020, more than 93,000 people died from an overdose—93,000 families forced to bury a piece of their souls. The impact of this crisis echoes in communities across the Nation, in 135 STAT. 2749 the empty chairs in classrooms and around kitchen tables. During National Youth Substance Use Prevention Month, we reaffirm our commitment to helping America’s youth overcome this epidemic and lead healthy, fulfilling lives. The COVID–19 pandemic has only exacerbated the need to provide more resources to address substance use disorder. Substance use disorder touches families in every community, and it is essential that we invest in a broad range of services, including prevention, harm reduction, treatment, and recovery support services for mental health and substance use. My Administration has been working to expand evidence-based prevention programs along with access to care and recovery support services. We are committed to preventing substance use among our Nation’s youth—including alcohol, tobacco products, illicit drugs, and misused prescription medications—by bringing communities together to find local solutions. Through the White House’s Office of National Drug Control Policy, the Drug-Free Communities Support Program helps equip community coalitions to reduce youth substance use at the local level. We must continue to encourage parents, caregivers, educators, and other members of the community to play an active role in promoting evidence-based prevention efforts that encourage healthy lifestyles, promote alternatives to substance use, and educate young people about the harms associated with substance use. We know that delaying substance use until after adolescence, when the brain has fully developed, decreases the likelihood of an individual developing a substance use disorder. We also know that smart investments in effective school-based prevention programs save lives and save our economy money in the form of averted medical costs and improved productivity. My Administration is also committed to advancing racial equity in our approach to drug policy—implementing fairer, more effective, and more culturally resonant policies to prevent, address, and treat substance use disorder. That is why we are supporting the development of tailored tools that strengthen prevention efforts in diverse communities. These include racial equity trainings, resources on inclusion and diversity, and racial equity decision-making frameworks. Our youth-focused efforts must also account for the fact that poverty, homelessness, trauma, and other adverse childhood experiences affect drug use and the overall health of our Nation’s youth—especially with respect to people of color, who are disproportionately impacted by these factors. By advancing equity in every part of our society—including our education, health care, criminal justice, and housing systems—we can build a future where all Americans can lead healthy and fulfilling lives. This October, we honor all those who champion evidence-based youth substance use prevention and recommit ourselves to ensuring that all Americans have the skills, knowledge, and resources to live full and healthy lives. Substance use disorder is a disease, and I will do everything within my power to expand access to evidence-based prevention, treatment, harm reduction, and recovery support services as well as reduce the supply of illicit drugs to keep more Americans safe. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Con135 STAT. 2750 stitution and the laws of the United States, do hereby proclaim October 2021 as National Youth Substance Use Prevention Month. I call on communities, parents, caregivers, educators, employers, healthcare professionals, law enforcement officials, faith and community leaders, and all Americans to take action to promote evidence-based prevention and improve the health of our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10274 September 30, 2021National Manufacturing Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10274 of September 30, 2021** National Manufacturing Day, 2021 By the President of the United States of America A Proclamation On National Manufacturing Day, we celebrate all that is made in America and recognize the importance of our Nation’s manufacturers to every aspect of our lives. From the electronics we rely on, to the safely packaged foods we eat, to the clothing we wear, to the appliances and furniture in our homes, to the cars we drive—American manufacturing is essential to our economy. It employs over 12 million Americans directly and many more indirectly—providing high quality jobs to communities across the country and producing the highest quality goods in the world. In the early days of the COVID–19 pandemic, our manufacturing sector was upended—578,000 manufacturing jobs were lost in 2020. Supply chain disruptions left our Nation short of lifesaving protective equipment, ventilators, and other essential health equipment at a time when we needed it most. However, our Nation’s manufacturers and manufacturing workers stepped up—refitting their operations to produce needed materials and working long hours to make sure our Nation had what we needed. The pandemic brought into even sharper focus the fragility of many of our global supply chains, which were already subject to everything from accidents and extreme weather to other countries engaging in unfair trade practices. In the name of our national and economic security and in support of American-based companies, American manufacturing, and American jobs—especially union jobs—I have committed our Nation to building our own resilient supply chains. That is why, during my first days in office, I signed an Executive Order to support manufacturing, rebuild our industrial base, and strengthen our supply chains—all while creating good-paying, union jobs. My order, ensuring that our future is made in all of America by American workers, also strengthens domestic manufacturing by directing Federal agencies to buy more American-made products. My Administration has also called for historic investments in making our supply chains more resilient as well as investments in new and cleaner manufacturing technologies that will help us innovate and lead 135 STAT. 2751 in manufacturing in the 21st century. The clean energy economy presents an enormous opportunity to revitalize American manufacturing, maintaining and creating good-paying, union jobs, while cleaning up the air and water in communities across the country. That’s why my Administration is calling for investments to ensure that as we build everything from wind turbines to electric vehicles and that they are made in the United States with clean, American-made materials. The Federal Government is a major buyer in markets for goods and services. One of the most effective ways to support and grow American companies, put more Americans to work, and to strengthen American manufacturing is to buy American. My Administration is making the biggest enforcement change to the Buy American Act in 70 years, raising the amount of domestic content required to be considered “Made in America” from 55 percent to 75 percent. My Administration has also invested in our Nation’s communities and the manufacturing base that builds them. Through programs like the Manufacturing Extension Partnership, Manufacturing USA, and opportunities sponsored by the Economic Development Administration of the Department of Commerce, we are providing resources to support and strengthen STEM education, infrastructure, technology hubs, and economic opportunities for all people in every region of our country. As we continue to recover from the pandemic and millions of Americans return to work, there will be good opportunities available at all levels of the manufacturing industry that will need to be filled over the next decade. On National Manufacturing Day, we commit to strengthening and supporting the American manufacturers and hardworking manufacturing employees of today as well as the manufacturers and workers of the future. We commit to building a future that is made in America. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 1, 2021, as National Manufacturing Day. I encourage all Americans to look for ways to get involved in your community and join me in participating in National Manufacturing Day, and, most importantly, buy American. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10275 October 1, 2021Fire Prevention Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10275 of October 1, 2021** Fire Prevention Week, 2021 By the President of the United States of America A Proclamation During Fire Prevention Week, we honor our brave firefighters and first responders who risk their lives to protect us every day and reaffirm the 135 STAT. 2752 importance of fire safety and preparedness. This week, I call on all Americans to educate themselves about fire prevention and safety and recommit to taking the necessary steps to prevent fires. Whether you are in your own home or camping in one of America’s majestic National Parks, taking the proper precautions and safety measures can help prevent fires and save your life and the lives of your family and others while protecting our natural wonders. Already this year, more than 44,000 wildfires have burned nearly 5.3 million acres of our land—an area roughly the size of the State of New Jersey. These fires have destroyed homes and priceless memories. They have forced families into shelters and filled the air with smoke for hundreds of miles. Precious lives have been lost. The fires have ground local economies to a halt, swallowed up family farms, and disrupted supply chains that fuel jobs, businesses, and communities all across the country. These fires represent a code red for our Nation—and we know that, unless we take bold action to address climate change, they will only continue to gain in frequency and ferocity. Scientists have warned us for years that extreme weather will only get more extreme, and today we are living it in real time. Extreme weather, including wildfires, cost America $99 billion last year; unfortunately, we are poised to break that record this year. That is why my Administration is committed to taking on the threat of climate change and investing in America’s resilience. We have proposed investing billions of dollars to strengthen our wildfire preparedness, resilience, and response. These investments will not just save lives and homes—they will also save industries and create new jobs. When I think about climate change, I always think about the millions of good-paying, union jobs we can create—but we also need to think about all of the jobs and industries we stand to lose if we fail to act boldly enough. The evidence is overwhelming that every dollar we invest in our resilience saves us six dollars down the road, when the next fire does not spread as widely and homes and businesses are spared. Our response to this threat starts with our brave firefighters, who put their lives on the line every day. To better support the wildland firefighters who serve our Nation so courageously, my Administration is committed to making sure that we have enough firefighters on call who are trained, equipped, and ready to respond. That is why I took action this summer to ensure that all of our Federal firefighters will earn a minimum of $15 an hour. My Administration has increased wildland firefighter pay through bonuses and retention pay, extended seasonal firefighter employment to ensure robust response throughout the fire season, deployed new fire detection and air monitoring technologies, invoked the Defense Production Act to increase the supply of equipment, and brought additional aircraft and personnel to bear from both the Department of Defense and our partner nations. During Fire Prevention Week, I call on all Americans to educate themselves about fire safety, take the appropriate precautions when encountering fires, and honor our courageous firefighters, volunteers, and first responders. I also encourage everyone to install and maintain smoke alarms in their homes—critical elements of fire safety that have helped significantly decrease United States home fire death rates over the past 135 STAT. 2753 40 years. By testing alarms every month and replacing them every 10 years, we can be better prepared to respond quickly to fires and prevent tragic loss of life. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 3 through October 9, 2021, as Fire Prevention Week. On Sunday, October 3, 2021, in accordance with Public Law 107–51, the flag of the United States will be flown at half-staff at all Federal office buildings in honor of the National Fallen Firefighters Memorial Service. I call on all Americans to participate in this observance with appropriate programs and activities and by renewing their efforts to prevent fires and their tragic consequences. IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10276 October 1, 2021National Community Policing Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10276 of October 1, 2021** National Community Policing Week, 2021 By the President of the United States of America A Proclamation Community policing—the practice of law enforcement professionals working side-by-side with members of their communities to keep neighborhoods safe—is a critical and proven tool used by law enforcement agencies across our Nation to improve public safety and forge strong, valuable relationships. During National Community Policing Week, we recommit to building bonds of trust between our law enforcement officers and the communities they serve and encourage community policing practices across our Nation. America’s law enforcement officers play an essential role in protecting our communities and enforcing our laws. Every time an officer pins on their badge and walks out their front door, the loved ones they wave goodbye to are forced to wonder if they will return home safely. This week and every week, we recognize the bravery and dedication of our peace officers who put themselves on the line each and every day to protect and serve their communities. We also recognize the role that all community members play in advancing public safety. As our country continues to reckon with a long and painful history of systemic racism—as well as the ongoing challenges of social and economic injustice, the COVID–19 pandemic, mental illness, homelessness, and substance abuse—we must think broadly, conscientiously, and creatively about the future of effective policing and how to foster strong police-community partnerships. Evidence and experience tell us that strong neighborhood relationships, the use of problem-solving to address crime systematically, and improvements to policy and training—key tenets of community policing—are all tools that help make our communities safer. My Administration is using pro135 STAT. 2754 grams such as the Department of Justice’s Project Safe Neighborhoods to bring together law enforcement and community stakeholders in an effort to develop local solutions to help prevent violent crime. I have long been an advocate for community policing, just as my late son Beau was when he served as Attorney General of Delaware—because he knew, as I know, that it works. It is especially important now, as State and local governments across the country continue to climb back from the once-in-a-century economic crisis triggered by COVID–19 last year. With their budgets decimated, countless communities were forced to cut essential services in 2020, including law enforcement and social services, just as a second public health epidemic of gun violence threatened the safety of their cities and towns. To help keep our communities safe, my Administration has provided local leaders with guidance on how American Rescue Plan funds can be used to help reduce violent crime and ensure public safety. I am also committed to investing in mental health services, drug treatment and prevention programs, services for people experiencing homelessness, and community violence intervention. Community violence intervention programs are vital to preventing violence before it occurs, and they have a proven track record of reducing crime by up to 60 percent in cities across our Nation. My Administration is also working to ensure that police departments have the resources they need to serve their communities safely and effectively. Communities experiencing a surge in gun violence can make use of $350 billion in State and local funding included in the American Rescue Plan to hire law enforcement officers and advance community policing strategies. I have also proposed an additional $300 million in my budget for next year to support community policing across our country. As I seek that additional funding, the Office of Community Oriented Policing Services at the Department of Justice will continue to provide grants for community policing pilot projects and hiring local police officers—including funding prioritization for officers who will live in the communities they serve. These new resources will allow departments to implement community policing strategies and strengthen police-community partnerships. At its core, community policing is about building trust and mutual respect between police and communities—important goals that can only be reached when we have accountability and faith in our justice system. That’s why I strongly support the George Floyd Justice in Policing Act, which would deliver meaningful accountability, improved transparency, and the resources necessary to support community policing and build trust between law enforcement and the communities they serve. Although that bill is not yet law, my Administration will continue to consult with the law enforcement and civil rights communities to achieve reforms that advance safety, dignity, and equal justice for all Americans. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 3 through October 9, 2021, as National Community Policing Week. I call upon law enforcement agencies, elected officials, and all Americans to observe this week by recognizing ways to improve public safety, build trust, and strengthen community relationships.135 STAT. 2755 IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10277 October 1, 2021Child Health Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10277 of October 1, 2021** Child Health Day, 2021 By the President of the United States of America A Proclamation Nothing is more vital to our country’s future than our children’s health and well-being. Each year on Child Health Day, we reaffirm our commitment to ensuring that every child in America has equal access to quality and affordable health care, child care, and education so that they can thrive and reach their full potential. The COVID–19 pandemic has had a profound negative impact on the health and well-being of our Nation’s children. A year of isolation from friends, extended family, and daily activities due to school closures and remote learning, as well as the loss of loved ones to the pandemic, has taken a tremendous toll on their mental health—and caused significant learning loss that may never be fully redressed. Families are also finding it harder to support their children during the pandemic, with many struggling to pay for expenses such as food, rent, health care, and transportation. And as scientists rigorously and independently review COVID–19 vaccines for children under age 12, too many of our kids returning to school—and the families they return to at the end of each school day—face unnecessary risks because there are not universal masking policies. We owe it to our children to do everything in our power to support their safe and healthy development. Because our Nation’s schools play a critical role in safeguarding our children’s health and well-being, my Administration has made it a top priority to ensure that all students can access full-time, in-person instruction so that they can achieve their highest aspirations. My American Rescue Plan continues to deliver for schools—including $130 billion to ensure that every child can safely access full-time, in-person instruction and that schools can mitigate the risk of COVID–19 in the classroom. My Administration is committed to supporting school-based health programs, which is why my American Rescue Plan also provides States and school districts with billions of dollars for schools to bring on additional nurses, counselors, social workers, and more to address student needs, allowing teachers to stay focused on teaching. To further support children’s success in school, I strongly encourage families to visit their pediatric providers for well-child visits and immunizations—including the COVID–19 vaccine for children age 12 and up. My American Rescue Plan is also delivering critical resources to address the mental health needs of children, including $1.5 billion to support the Community Mental Health Services Block Grant, which provides much needed services to children with serious emotional dis135 STAT. 2756 turbances. The law also provides $20 million to support youth suicide prevention and $30 million to expand Project AWARE, which supports wellness and resiliency programs in educational settings. It has invested $80 million to expand the Pediatric Mental Health Care Access Program, which provides telehealth services for children and adolescents with mental health conditions identified during routine visits, making mental health care more accessible nationwide, including for young people in Tribal and remote areas. Additionally, the American Rescue Plan continues to deliver pandemic relief to families through a $150 million investment in the Maternal, Infant, and Early Childhood Home Visiting Program to improve maternal and child health. The law also provides funding to support families with essential emergency supplies, including diapers, food, water, and hand sanitizer. Finally, the American Rescue Plan is lowering health insurance premiums for millions of Americans—positioning us to cut child poverty in America by nearly half. We need to invest in the healthy development of all our children—and that means helping parents with the costs of raising a family. That is why my Administration worked hard to expand the Child Tax Credit, which is putting money directly in the pockets of families with children each month to help pay for food, rent, a new pair of kids’ shoes, or whatever else working parents need. On Child Heath Day, we recommit ourselves to ensuring that our children can live long and healthy lives. Together, we can help all of our Nation’s children stay healthy and learn, develop, and grow up to reach their full potential. The Congress, by a joint resolution approved May 18, 1928, as amended (36 U.S.C. 105), has called for the designation of the first Monday in October as Child Health Day and has requested that the President issue a proclamation in observance of this day. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim Monday, October 4, 2021, as Child Health Day. I call upon families, child health professionals, faith-based and community organizations, and governments to help ensure that America’s children stay safe and healthy. IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10278 October 5, 2021German-American Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10278 of October 5, 2021** German-American Day, 2021 By the President of the United States of America A Proclamation Since the first Germans arrived on American soil in the 17th century in search of religious freedom and opportunity, German-Americans have played an essential role in the foundation and growth of our country. Today, German-Americans make up one of the largest ancestry groups in our country, with more than 43 million Americans of German heritage living in the United States. Their influence has been felt in each successive generation, and their contributions to the United States have been innumerable. On German-American Day, we celebrate the German-Americans who continue to enhance our Nation with their talents, skills, knowledge, and rich cultural heritage. The contributions of German-Americans are woven into the fabric of America, touching our lives every day. From the Brooklyn Bridge to airplanes, jeans to pianos, the food we eat to the beer we drink—German-Americans have invented, built, and influenced some of the most iconic American products and institutions. Generations of German-Americans have served our Nation as first responders, public servants, scientists, entrepreneurs, farmers and ranchers, authors, and athletes among many other occupations. The strong ties between the people of America and Germany that have arisen since the end of World War II reflect the common bonds our countries enjoy. We remain committed to the shared democratic values and institutions that have shaped our nations and our economies. Earlier this year, the United States and Germany signed the Washington Declaration, reaffirming the democratic principles that underpin our steadfast commitment to bilateral cooperation in promoting peace, security, and prosperity around the world. The United States and Germany are inseparable allies. On German-American Day, we celebrate our Nation’s German-American heritage and recognize the contributions both past and present of German-Americans across our country. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim October 6, 2021, as German-American Day. I urge all Americans to celebrate the rich and varied history of German-Americans and remember the many contributions they have made to our Nation. IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10279 October 8, 2021National School Lunch Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10279 of October 8, 2021** National School Lunch Week, 2021 By the President of the United States of America A Proclamation Since 1946, the National School Lunch Program has provided nutritionally balanced, low-cost or no-cost lunches in our schools, improving our children’s health and well-being. School meals are one of the most powerful ways in which our Nation promotes health and ensures children receive the nutritious food they need to be successful in the classroom. Today, tens of millions of children participate in the program. During National School Lunch Week, we recognize the integral role the National School Lunch Program plays in contributing to student health, reducing child hunger, and supporting American agriculture. The COVID–19 pandemic has amplified the importance of the National School Lunch Program for millions of children who rely on school meals. During the darkest days of the pandemic when businesses closed, people lost their jobs, and millions of Americans turned to food banks to feed their families, school meals remained a consistent source of quality nutrition. My Administration is dedicated to nutrition, food security, and ensuring that school meals are accessible to all children. This includes a commitment to providing safe, healthy meals free of charge to children, especially as the pandemic continues to compromise the food and nutrition security of our most vulnerable students. To help the millions of families who struggled to provide meals for their children during the pandemic, the American Rescue Plan provided additional emergency food and nutrition assistance for those in need. School meals would not be possible without the remarkable work of our Nation’s farmers and food producers. This year, my Administration awarded $12 million in Farm to School Grants to 176 grantees—the most projects the Federal Government has funded since the program began in 2013. These grants increase access to locally produced foods, enhance agricultural education for students, and support local farmers. Strong partnership with local farmers is key to our efforts to improve nutrition security and increase access to healthy foods in schools. During National School Lunch Week, we show our appreciation to our local farmers who supply the foods that keep our children well-nourished and ready to learn. During National School Lunch Week, we also honor the commitment and dedication of the school nutrition professionals who have gone above and beyond to continue providing meals to students despite the continuing challenges of a once-in-a-century pandemic. They have continually found new and creative ways to meet the moment and ensure that students who depend on school meals for nourishment are able to grow and thrive. The Congress, by joint resolution of October 9, 1962 (Public Law 87–780), as amended, has designated the week beginning on the second Sunday in October each year as “National School Lunch Week” and 135 STAT. 2759 has requested the President to issue a proclamation in observance of this week. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 10 through October 16, 2021, as National School Lunch Week. I call upon all Americans to recognize and commemorate all those who operate the National School Lunch Program with activities that raise awareness of the steadfast efforts in supporting the health and well-being of our Nation’s children. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10280 October 8, 2021Leif Erikson Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10280 of October 8, 2021** Leif Erikson Day, 2021 By the President of the United States of America A Proclamation The voyage of Leif Erikson and his valiant crew—bold explorers from Scandinavia, believed to have been the first Europeans to reach the shores of North America—has been a source of inspiration to Nordic Americans for generations. Although they made landfall more than a millennium ago, their historic journey still embodies the spirit of exploration and the ongoing contributions of Nordic Americans to the diversity of our great Nation. Eight centuries after Leif Erikson’s expedition, on October 9, 1825, six Norwegian families arrived in New York City in search of freedom and opportunity. This first group of organized Norwegian immigrants to the United States blazed a new path that fellow Norwegians—as well as Danes, Finns, Icelanders, and Swedes—soon followed, establishing communities in the Great Lakes States, in the northern Great Plains, in enclaves among northern United States cities, and elsewhere across our country. These Northern European settlers have become part of America’s rich tapestry, and through service, sacrifice, and countless contributions they have fortified America’s culture, society, and economy. Today, more than 11 million Americans proudly trace their ancestry to Nordic countries. Nordic Americans are leaders in our communities—public officials serving their constituents, law enforcement officers and service members defending our Nation, doctors and nurses, educators, artists, essential workers leading us through the pandemic, visionaries creating new businesses, and so many other important roles. Our Nation is stronger and more dynamic because of the contributions of Nordic Americans. On Leif Erikson Day, we express our appreciation for the many contributions of Nordic Americans, who have enhanced American society and strengthened our cultural diversity.135 STAT. 2760 While the great era of Scandinavian immigration occurred more than a century ago, the legacy of Nordic immigrants endures, along with the values and interests we share with their original homelands—including increasing opportunity for all and recognizing the inherent dignity of every human being. We share mutual commitments to democracy, freedom, human rights, rule of law, security, and prosperity, and Nordic countries remain some of our most reliable military allies and economic partners, helping us meet the shared challenges of our time. The United States greatly values our continued friendship. To honor Leif Erikson, son of Iceland and grandson of Norway, and to celebrate our Nordic-American heritage, the Congress, by joint resolution (Public Law 88–566) approved on September 2, 1964, has authorized the President of the United States to proclaim October 9th of each year as “Leif Erikson Day.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 9, 2021, as Leif Erikson Day. I call upon all Americans to celebrate the contributions of Nordic Americans to our Nation with appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10281 October 8, 2021Columbus Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10281 of October 8, 2021** Columbus Day, 2021 By the President of the United States of America A Proclamation More than 500 years ago, after securing the support of Queen Isabella I and King Ferdinand II, Christopher Columbus launched the Niña, the Pinta, and the Santa Maria from the coast of Spain in 1492. While he intended to end his quest in Asia, his 10-week journey instead landed him on the shores of the Bahamas, making Columbus the first of many Italian explorers to arrive in what would later become known as the Americas. Many Italians would follow his path in the centuries to come, risking poverty, starvation, and death in pursuit of a better life. Today, millions of Italian Americans continue to enrich our country’s traditions and culture and make lasting contributions to our Nation—they are educators, health care workers, scientists, first responders, military service members, and public servants, among so many other vital roles. Today, we also acknowledge the painful history of wrongs and atrocities that many European explorers inflicted on Tribal Nations and Indigenous communities. It is a measure of our greatness as a Nation that we do not seek to bury these shameful episodes of our past—that we face them honestly, we bring them to the light, and we do all we can 135 STAT. 2761 to address them. For Native Americans, western exploration ushered in a wave of devastation: violence perpetrated against Native communities, displacement and theft of Tribal homelands, the introduction and spread of disease, and more. On this day, we recognize this painful past and recommit ourselves to investing in Native communities, upholding our solemn and sacred commitments to Tribal sovereignty, and pursuing a brighter future centered on dignity, respect, justice, and opportunity for all people. In commemoration of Christopher Columbus’s historic voyage 529 years ago, the Congress, by joint resolution of April 30, 1934, and modified in 1968 (36 U.S.C. 107), as amended, has requested the President proclaim the second Monday of October of each year as “Columbus Day.” Today, let this day be one of reflection—on America’s spirit of exploration, on the courage and contributions of Italian Americans throughout the generations, on the dignity and resilience of Tribal Nations and Indigenous communities, and on the work that remains ahead of us to fulfill the promise of our Nation for all. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim October 11, 2021, as Columbus Day. I direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of our diverse history and all who have contributed to shaping this Nation. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10282 October 8, 2021General Pulaski Memorial Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10282 of October 8, 2021** General Pulaski Memorial Day, 2021 By the President of the United States of America A Proclamation On General Pulaski Memorial Day, we honor Brigadier General Casimir Pulaski, a Polish-born hero of the American Revolution, who gave his life 242 years ago in defense of our cause to establish a free and independent Nation. Known as the “Father of the American Cavalry” for his leadership and military skills, General Pulaski’s service and sacrifice remain a shining example of the countless contributions that immigrants have made to help build our great Nation. Today, General Pulaski’s legacy and contributions to our democracy are honored by more than 9 million Polish-Americans in communities across our country. Polish-Americans have played an integral role in the growth of our Nation—defending our country in uniform, protecting our communities as first responders, starting new businesses and growing our economy, educating the next generation of American leaders, working on the front lines of the pandemic, and creating art that inspires us, to name just a few examples.135 STAT. 2762 In 1929, the Congress recognized General Pulaski’s enduring impact on American society by declaring October 11, “General Pulaski Memorial Day.” Eighty years later, the Congress granted him honorary United States citizenship. Today, States, cities, and communities all across our Nation celebrate the memory of General Casimir Pulaski at parks, schools, and landmarks that bear his name—serving as a reminder of his heroism and the sacrifice he made in defense of our newly formed Nation. On this day, we celebrate the life of General Casimir Pulaski and the ideals and democratic values for which he bravely gave his life—values shared by the United States and Poland, which underpin the enduring bond of friendship between our countries. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 11, 2021, as “General Pulaski Memorial Day.” I encourage all Americans to commemorate this occasion with appropriate programs and activities paying tribute to General Casimir Pulaski and honoring all those who defend the freedom of our great Nation. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10283 October 8, 2021Indigenous Peoples’ Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10283 of October 8, 2021** Indigenous Peoples’ Day, 2021 By the President of the United States of America A Proclamation Since time immemorial, American Indians, Alaska Natives, and Native Hawaiians have built vibrant and diverse cultures—safeguarding land, language, spirit, knowledge, and tradition across the generations. On Indigenous Peoples’ Day, our Nation celebrates the invaluable contributions and resilience of Indigenous peoples, recognizes their inherent sovereignty, and commits to honoring the Federal Government’s trust and treaty obligations to Tribal Nations. Our country was conceived on a promise of equality and opportunity for all people—a promise that, despite the extraordinary progress we have made through the years, we have never fully lived up to. That is especially true when it comes to upholding the rights and dignity of the Indigenous people who were here long before colonization of the Americas began. For generations, Federal policies systematically sought to assimilate and displace Native people and eradicate Native cultures. Today, we recognize Indigenous peoples’ resilience and strength as well as the immeasurable positive impact that they have made on every aspect of American society. We also recommit to supporting a new, brighter future of promise and equity for Tribal Nations—a future grounded in Tribal sovereignty and respect for the 135 STAT. 2763 human rights of Indigenous people in the Americas and around the world. In the first week of my Administration, I issued a memorandum reaffirming our Nation’s solemn trust and treaty obligations to American Indian and Alaska Native Tribal Nations and directed the heads of executive departments and agencies to engage in regular, meaningful, and robust consultation with Tribal officials. It is a priority of my Administration to make respect for Tribal sovereignty and self-governance the cornerstone of Federal Indian policy. History demonstrates that Native American people—and our Nation as a whole—are best served when Tribal governments are empowered to lead their communities and when Federal officials listen to and work together with Tribal leaders when formulating Federal policy that affects Tribal Nations. The contributions that Indigenous peoples have made throughout history—in public service, entrepreneurship, scholarship, the arts, and countless other fields—are integral to our Nation, our culture, and our society. Indigenous peoples have served, and continue to serve, in the United States Armed Forces with distinction and honor—at one of the highest rates of any group—defending our security every day. And Native Americans have been on the front lines of the COVID–19 pandemic, working essential jobs and carrying us through our gravest moments. Further, in recognition that the pandemic has harmed Indigenous peoples at an alarming and disproportionate rate, Native communities have led the way in connecting people with vaccination, boasting some of the highest rates of any racial or ethnic group. The Federal Government has a solemn obligation to lift up and invest in the future of Indigenous people and empower Tribal Nations to govern their own communities and make their own decisions. We must never forget the centuries-long campaign of violence, displacement, assimilation, and terror wrought upon Native communities and Tribal Nations throughout our country. Today, we acknowledge the significant sacrifices made by Native peoples to this country—and recognize their many ongoing contributions to our Nation. On Indigenous Peoples’ Day, we honor America’s first inhabitants and the Tribal Nations that continue to thrive today. I encourage everyone to celebrate and recognize the many Indigenous communities and cultures that make up our great country. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim October 11, 2021, as Indigenous Peoples’ Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of our diverse history and the Indigenous peoples who contribute to shaping this Nation. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10284 October 8, 2021International Day of the Girl, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10284 of October 8, 2021** International Day of the Girl, 2021 By the President of the United States of America A Proclamation The growth and development of the world’s economies, institutions, and nations rest on all girls having equal rights and opportunities. Ensuring that girls can reach their full potential is not just a moral imperative, it is a strategic one as well. The status of women and the peace and prosperity of nations are inextricably linked. When girls do well, we all do well. When we invest in the education of girls, our communities are healthier and our economies are stronger. When we empower girls to lead, our peace processes, global health and humanitarian efforts, and climate negotiations are more sustainable and resilient. When we invest in women- and girl-led movements, our democracies grow more stable and more prosperous. On this International Day of the Girl, we commit ourselves to ensuring opportunity and equality for all girls. Girls across our Nation and the world face gender bias and discrimination, subjecting them to harmful circumstances that impede their safety, stability, education, and opportunity. This has been especially true during the COVID–19 pandemic, which has upended the lives of too many girls around the globe, exacerbating disparities and underscoring what we have long known: that during times of crisis, girls—especially girls of color and those from underserved and low-income communities—face disproportionate challenges. In the United States, girls contend with entrenched barriers to achieving gender equity. Despite Title IX protections, girls continue to lack equal opportunity and resources in education and leadership, and gender stereotypes continue to inhibit their participation in science, technology, engineering, and mathematics
(STEM)education, undermining their access to the stable and good-paying jobs. Girls’ education is further undermined by the threat of sexual assault, harassment, and other forms of gender-based violence, with 1-in-4 young women on college campuses today facing sexual assault. Girls of color and girls from underserved communities contend with additional longstanding disparities. Black girls experience disproportionate rates of school discipline and are overrepresented in our juvenile justice system. LGBTQI+ girls face elevated rates of gender-based violence and are subject to bullying, harassment, and online abuse. Transgender girls are increasingly excluded from sports and equal access to school facilities. Girls with disabilities face inequitable access to education. Globally, girls confront persistent and structural barriers that impede their full participation. Even before the COVID–19 pandemic, 130 million girls across the world were not in school, and today, there are an additional 11 million girls who have been forced to stop their education, undermining future economic growth, health, and development. An estimated 33,000 girls are made to enter into child, early, or forced marriages every day, fueling an intergenerational cycle of poverty that is difficult to break. Girls face a range of other challenges, from harmful practices like female genital cutting to unintended pregnancy and from discriminatory laws and exclusion from civic and political proc135 STAT. 2765 esses to concerns about safety, harassment, and sexual assault. Too often, social norms that ascribe low value to girls’ lives functionally limit their rights and opportunities across public and private life. The COVID–19 pandemic has worsened preexisting public health, economic, political, and caregiving crises, which disproportionately impact girls worldwide. As health systems become more strained, girls face increased barriers to accessing basic health care. In many parts of the world, those who are part of vulnerable and marginalized communities continue to face challenges in accessing routine childhood immunizations, preventative screenings, and sexual and reproductive health services. As schools closed, caregiving burdens fell on girls across the globe, and girls were often significantly less likely to have access to the devices required for virtual schooling due to a global digital gender divide. Many countries have also reported a rise in rates of gender-based violence, both offline and online, including against female journalists, activists, and leaders who are being further excluded from critical rebuilding efforts. The mental health of girls—who already disproportionately face high incidence of reported anxiety and other mental health issues—is also suffering. We have also seen an increase in visits to emergency rooms of teenage girls across our Nation for reasons related to self-harm, including suicide attempts. An essential part of building back better must be elevating the status of girls as we address these shared crises. On this International Day of the Girl, our Nation stands firmly and proudly in our commitment to protecting and advancing the rights of girls, in all their diversity, both at home and abroad. That is why, earlier this year, I signed an Executive Order to establish the White House Gender Policy Council and ensure a whole-of-government approach to advancing gender equity and equality. This month my Administration will release the first-ever United States Government National Gender Strategy, outlining our vision and our priorities to advance equal opportunity for people of all genders. From combating gender discrimination in education and preventing gender-based violence offline and online, to increasing pathways to STEM and promoting gender parity and diversity in leadership and democratic processes, my Administration will work to empower girls in every facet of life. And by recognizing the constraints that gender-based violence places on the lives of millions of girls around the world, we will also develop the first-ever United States National Action Plan on Gender-Based Violence and update the United States’ Strategy to Prevent and Respond to Gender-Based Violence Globally. Our vision for the future is one where every girl can live free from violence, discrimination, and bias. We are committed to a future where girls can dream boldly and lead ambitiously as heads of families, communities, corporations, and governments; where their voices are not only heard, but amplified; and where they can lead the charge against 21st century challenges, drive innovation, and compete and succeed in the workforce of the future. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 11, 2021, as International Day of the Girl. I call upon the people of the United States to observe this day with programs, ceremonies, and activities that advance equality and opportunity for girls everywhere.135 STAT. 2766 IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10285 October 8, 2021Bears Ears National Monument GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10285 of October 8, 2021** Bears Ears National Monument By the President of the United States of America A Proclamation President Barack Obama’s establishment of the Bears Ears National Monument in Proclamation 9558 of December 28, 2016, represented the culmination of more than a century of efforts to protect the ancestral homeland of Tribal Nations that all refer to the area by the same name—Hoon’Naqvut (Hopi), Shash Jaa’ (Navajo), Kwiyagatu Nukavachi (Ute), and Ansh An Lashokdiwe (Zuni): Bears Ears. Preserving the sacred landscape and unique cultural resources in the Bears Ears region was an impetus for passage of the Antiquities Act in 1906. As early as 1904, advocates for protection of cultural landscapes described for the Congress the tragedy of the destruction of objects of historic and scientific interest across the American Southwest and identified the Bears Ears region as one of seven areas in need of immediate protection. Nevertheless, for more than 100 years, indigenous people, historians, conservationists, scientists, archaeologists, and other groups advocated unsuccessfully for protection of the Bears Ears landscape. It was not until the Hopi Tribe, Navajo Nation, Ute Indian Tribe of the Uintah and Ouray Reservation, Ute Mountain Ute Tribe, and Pueblo of Zuni united in a common vision to protect these sacred lands and requested permanent protection from President Obama that Bears Ears National Monument became a reality. Few national monuments more clearly meet the Antiquities Act’s criteria for protection than the Bears Ears Buttes and surrounding areas. This proclamation confirms, restores, and supplements the boundaries and protections provided by Proclamation 9558, including the continued reservation of land added to the monument by Proclamation 9681 of December 4, 2017. As Proclamation 9558 recognizes, the greater Bears Ears landscape, characterized by deep sandstone canyons, broad desert mesas, towering monoliths, forested mountaintops dotted with lush meadows, and the striking Bears Ears Buttes, has supported indigenous people of the Southwest from time immemorial and continues to be sacred land to the Hopi Tribe, Navajo Nation, Ute Indian Tribe of the Uintah and Ouray Reservation, Ute Mountain Ute Tribe, and Pueblo of Zuni. Approximately two dozen other Tribal Nations and Pueblos have cultural ties to the area as well. Describing as much as 13,000 years of human occupation of the Bears Ears landscape, Proclamation 9558 contextualizes the compelling need to protect one of the most extraordinary cultural landscapes in the United States. The proclamation describes the landscape’s unique density of significant cultural, historical, and archaeological artifacts spanning thousands of years, including remains of single family homes, an135 STAT. 2767 cient cliff dwellings, large villages, granaries, kivas, towers, ceremonial sites, prehistoric steps cut into cliff faces, and a prehistoric road system that connected the people of Bears Ears to each other and possibly beyond. Proclamation 9558 also describes the cultural significance and importance of the area, exemplified by the petroglyphs, pictographs, and recent rock writings left by the indigenous people that have inhabited the area since time immemorial. In addition to cultural and historic sites, Proclamation 9558 describes the Bears Ears landscape’s unique geology, biology, ecology, paleontology, and topography. The proclamation identifies geologic formations rich with fossils that provide a rare and relatively complete picture of the paleoenvironment, striking landscapes, unique landforms, and rare and important plant and animal species. While not objects of historic and scientific interest designated for protection, the proclamation also describes other resources in the area, historic grazing, and world class outdoor recreation opportunities—including rock climbing, hunting, hiking, backpacking, canyoneering, whitewater rafting, mountain biking, and horseback riding—that support a booming travel and tourism sector that is a source of economic opportunity for local communities. To protect this singular and sacred landscape, President Obama reserved approximately 1.35 million acres through Proclamation 9558 as the smallest area compatible with protection of the objects identified within the boundaries of the monument. He also established the Bears Ears Commission to ensure that management of the monument would be guided by, and benefit from, expertise of Tribal Nations and traditional and historical knowledge of the area. On December 4, 2017, President Donald Trump issued Proclamation 9681 to reduce the lands within the monument by more than 1.1 million acres. In doing so, Proclamation 9681 removes protection from objects of historic and scientific interest across the Bears Ears landscape, including some objects that Proclamation 9558 specifically identifies by name for protection. Multiple parties challenged Proclamation 9681 in Federal court, asserting that it exceeds the President’s authority under the Antiquities Act. Restoring the Bears Ears National Monument honors the special relationship between the Federal Government and Tribal Nations, correcting the exclusion of lands and resources profoundly sacred to Tribal Nations, and ensuring the long-term protection of, and respect for, this remarkable and revered region. Given the unique nature and cultural significance of the objects identified across the Bears Ears landscape, the threat of damage and destruction to those objects, their spiritual, cultural, and historical significance to Tribal Nations, and the insufficiency of the protections afforded in the absence of Antiquities Act protections, the reservation described below is the smallest area compatible with the proper care and management of the objects of historic and scientific interest named in this proclamation and Proclamation 9558. The Bears Ears landscape—bordered by the Colorado River to the west, the San Juan River and the Navajo Nation to the south, low bluffs and high mesas to the east and north, and Canyonlands National Park to the northwest, and brimming with towering sandstone spires, serpentine canyons, awe-inspiring natural bridges and arches, as well as the 135 STAT. 2768 famous twin Bears Ears Buttes standing sentinel over the sacred region—is not just a series of isolated objects, but is, itself, an object of historic and scientific interest requiring protection under the Antiquities Act. Bears Ears is sacred land of spiritual significance, a historic homeland, and a place of belonging for indigenous people from the Southwest. Bears Ears is a living, breathing landscape, that—owing to the area’s arid environment and overall remoteness, as well as the building techniques that its inhabitants employed—retains remarkable and spiritually significant evidence of indigenous use and habitation since time immemorial, including from the Paleoindian Period, through the time of the Basketmakers and Ancestral Pueblos, to the more recent Navajo and Ute period, and continuing to this day. There are innumerable objects of historic or scientific interest within this extraordinary landscape. Some of the objects are also sacred to Tribal Nations, are sensitive, rare, or vulnerable to vandalism and theft, or are dangerous to visit and, therefore, revealing their specific names and locations could pose a danger to the objects or the public. The variety, density, and prevalence of these objects, such as prehistoric roads, structures, shrines, ceremonial sites, graves, pots, baskets, tools, petroglyphs, pictographs, and items of clothing, all contribute to the uniqueness of this region and underscore its sacred nature and living spiritual significance to indigenous people. Many of the Tribal Nations that trace their ancestral origin to this area and continue their spiritual practices on these lands today view Bears Ears as a part of the personal identity of their members and as a cultural living space—a landscape where their traditions began, where their ancestors engaged in and handed down cultural practices, and where they developed and refined complex protocols for caring for the land. The Bears Ears region is also a tangible location that is integral to indigenous ceremonial practices, cultural traditions, and the sustainment of the daily lives of indigenous peoples. Since time immemorial, the lands of the Bears Ears region have fostered indigenous identity and spirituality. Indigenous people lived, hunted, gathered, prayed, and built homes in the Bears Ears region. As a result, each geographic subregion and the mountains, canyons, mesa tops, ridges, rivers, and streams therein that make up the Bears Ears landscape hold cultural significance. These individual locales come together as objects of historic and scientific interest—many of which have spiritual significance to indigenous people and are located across this living landscape—to tell stories, facilitate the practice of traditions, and serve as a mnemonic device that elders use to teach younger generations where they came from, who they are, and how to live. Resources found throughout the Bears Ears region, including wildlife and plants that are native to the region, continue to serve integral roles in the development and practice of indigenous ceremonial and cultural lifeways. From family gatherings, dances, and ceremonies held on these sacred lands, to gathering roots, berries, firewood, pinon nuts, weaving materials, and medicines across the region, Bears Ears remains an essential landscape that members of Tribal Nations regularly visit to heal, practice their spirituality, pray, rejuvenate, and connect with their history. The Bears Ears region is also important to, and shows recent evidence of, non-Native migrants to the area. From the smoothed-over surfaces of the Hole-in-the-Rock Trail to the historic cattle-ranching cabins, and the convoluted series of passages and hideouts used by men like Butch 135 STAT. 2769 Cassidy, the Sundance Kid, and other members of the Wild Bunch on the Outlaw Trail, including Hideout Canyon, the Bears Ears landscape conveys the story of westward expansion of European Americans and the settlement of Latter-day Saint communities in southern Utah. Hispanic sheep herders from New Mexico also migrated into this area during the late 1800s, and many of their descendants continue to live in local communities. Despite millennia of human habitation, the Bears Ears landscape remains one of the most ecologically intact and least-roaded regions in the contiguous United States. As a result, the area continues to provide habitat to a variety of threatened, endangered, sensitive, endemic, or otherwise rare species of wildlife, fish, and plants. The area also contains a diverse array of species that benefit from the preservation of the landscape’s intact ecosystems. The Bears Ears landscape also tells the stories of epochs past. The area’s exposed geologic formations provide a continuous record of vertebrate life in North America as well as a rich history of invertebrate fossils. The Chinle Formation, and the Wingate, Kayenta, and Navajo Formations above it, demonstrate how the Triassic Period transitioned into the Jurassic Period and provide critical insight into both how dinosaurs dominated terrestrial ecosystems and how our mammalian ancestors evolved. The discovery of several taxa, including a prosauropod that gets its name from a Navajo word tied to the region where it was found, the archosauromorph *Crosbysaurus harrisae*, and a unique phytosaur, have occurred exclusively within Bears Ears or have significantly extended an extinct species’ known range. While paleontologists have only recently begun to systematically survey and study much of the fossil record in this region, experts are confident that scientifically important paleontological resources remain to be discovered, and future exploration will greatly expand our understanding of prehistoric life on the Colorado Plateau. The landscape itself is composed of several areas, each of which is unique and an object of scientific and historic interest requiring protection under the Antiquities Act. Near the center is the Bears Ears Buttes and Headwaters, the location of the iconic twin buttes, which soar over the surrounding landscape and maintain watch over the ancestral home of numerous Tribal Nations. Containing dense fir and aspen forests that provide firewood to heat homes as well as powerful medicines and habitat for wild game species, Tribal Nations view the high elevation oasis as the key to life in the Bears Ears region. The Bears Ears Buttes also hold historical significance to the Navajo people, as the landscape and natural cliff dwellings served as hiding places to escape the United States military during the forced Long Walk, where more than 11,000 Navajo were marched up to 450 miles on foot to internment camps in Fort Sumner, New Mexico. Many Navajo hid in the remote canyons to avoid the forced removal from their traditional homelands in the Southwest by the United States from 1864 to 1868. In the northern part of the Bears Ears landscape lies Indian Creek, the home of a world-renowned canyon characterized by sheer red cliffs and spires of exposed and eroded layers of Navajo, Kayenta, Wingate, and Cedar Mesa Sandstone, including the iconic North and South Six-Shooter Peaks. The canyon includes famous vertical cracks striating its sandstone walls and the area provides important habitat for a multitude of plant and animal species. Indian Creek’s palisades provide ey135 STAT. 2770 ries for peregrine falcons and potential nesting sites for bald and golden eagles, and the Lockhart Basin area and Donnelly Canyon contain Mexican spotted owl habitat. The Indian Creek area further provides critical winter grounds for big-game species such as mule deer, elk, and bighorn sheep and potential habitat for endangered fish and threatened plant species. The prominent Bridger Jack and Lavender Mesas are home to largely unaltered relict plant communities composed of pinyon-juniper woodlands interspersed with small sagebrush islands. It is also in Indian Creek that one can find Newspaper Rock, a massive petroglyph panel displaying a notable concentration of rock writings from persons of the Basketmaker and Ancestral Pueblo periods, the Ute and Navajo people who still live in the Four Corners area and beyond, and early settlers of European descent. Indian Creek also contains possible evidence of trade with cultures extending into Mesoamerica, including a thousand-year-old ornamental sash found in the area made from azure and scarlet macaw feathers as well as a petroglyph featuring a macaw-like bird figure. Shay Canyon is a side canyon that houses extensive, well-preserved petroglyph panels from multiple prehistoric periods. The panels contain a unique rock writing style that is believed to be both Freemont and Ancestral Pueblo in origin. Harts Point is an escarpment that provides spectacular views of the Indian Creek Canyon. These mesa tops also contain evidence of historic connections of indigenous people to the region. Additionally, Indian Creek provides fossilized trackways of early tetrapods and fossilized traces of marine and aquatic creatures such as clams, crayfish, fish, and aquatic reptiles dating to the Triassic Period. Southwest of Indian Creek and geographically nestled between the Needles District of Canyonlands National Park, the Dark Canyon Wilderness area, and the Glen Canyon National Recreation Area, lie Beef Basin and Fable Valley, areas characterized by well-preserved Ancestral Pueblo surface sites—including freestanding Pueblo masonry structures and towers—as well as petroglyphs and pictographs. The areas are unique in their high concentration of large, mesa-top Pueblo structures. Sites in this region may also provide evidence of some of the furthest north migration of Pueblo in the Mesa Verde region. Just south of Indian Creek, the westernmost edge of the Abajo Mountains forms the eastern boundary of the Bears Ears landscape. An island laccolith series of peaks and domes known also as the Blue Mountains due to the appearance of their heavily forested slopes contrasted against the red desert that surrounds them, the Abajo Mountains are rich in wildlife and home to several rare and sensitive plant species. As a result of the breadth of species, the Abajo Mountains have long been a traditional hunting ground for the indigenous people that have lived in the area and are held sacred by a number of Tribal Nations, including the Navajo Nation, Pueblo of Zuni, and Ute Indian Tribes. These peaks represent the highest elevations in the Bears Ears landscape and provide unbroken views of the entire region. South of Beef Basin and Indian Creek, the landscape contains a number of sandstone canyons that drain the northern edge of the Abajo Mountains and Elk Ridge, including the Tuerto, Trough, Ruin, and North Cottonwood Canyons, at the bottom of which runs a perennial creek. Ancestral Pueblo sites within this area have special significance to the Pueblos of New Mexico, who identify these sites as part of their ancestral footprints that extend their traditional territory north of the 135 STAT. 2771 Abajo Mountains. The area, which is composed of both Cedar Mesa Sandstone and Chinle Formation deposits, has a very high potential for Permian and Triassic fossils. The South Cottonwood Canyon region, characterized by prominent sandstone escarpments surrounded by forests of pinyon, juniper, and Gambel oak, interspersed with stands of ponderosa pine and mixed conifers, is situated west of the Abajo Mountains and south of the prominent sandstone towers known as the Chippean Rocks. The isolated area contains intact cultural landscapes of early Ancestral Pueblo communities. Some sites are organized as a larger central village surrounded by smaller family-sized dwellings, while others are large and inaccessible granaries. This region is home to a diversity of wildlife, including Townsend’s big-eared bats, beavers, and ringtail cats, as well as the Cliff Dwellers Pasture Research Natural Area, an ungrazed box canyon with a unique vegetative community and an imposing sandstone arch and natural bridge. The area also contains excellent big game habitat and is considered prime mule deer, elk, and black bear hunting grounds. Further west, South Cottonwood Canyon is home to a unique density of Pueblo I to early Pueblo II village sites that are considered important to both archaeologists and Tribal Nations. One site, a collapsed two-story block masonry structure that appears to be an early version of a great house, was built during a time when the development of this kind of community structure was only beginning in Chaco Canyon. More recently, the South Cottonwood Canyon area proved critical to the survival of the White Mesa Ute during Anglo settlement of southern Utah. Paleontologically, there is high potential fossil yield on both the west side of the area, which contains portions of the Triassic Period Chinle and Moenkopi Formations, and the east side, which is composed of Jurassic Period Glen Canyon Group Kayenta Formation. The area also provides critical habitat for Mexican spotted owls, peregrine falcons, golden eagles, and spotted bats. The Dark Canyon, Dry Mesa complex, located between Beef Basin and White Canyon, is wild and remote. In Dark Canyon—a canyon system that includes Peavine, Woodenshoe, and other minor tributaries—rock walls, which tower 3,000 feet above the canyon floor, provide a sense of solitude and isolation from the surrounding mesa tops. The canyon system, one of the only entirely intact and protected canyons from its headwaters on the Colorado Plateau to its confluence with the Colorado River, includes numerous hanging gardens, springs, and riparian areas and provides habitat for a wide range of wildlife, including known populations of Mexican spotted owl. Dry Mesa is relatively flat with stands of ponderosa pine, oak, and pinyon and juniper that provide foraging habitat for golden eagles and peregrine falcons. Many Tribal Nations have strong connections to sites in the area from three specific time periods: ancient hunter-gatherers during the Archaic period, Ancestral Pueblos during the Pueblo III period, and finally, Navajo, Ute, and Paiute families just before and during European migration into the Four Corners area. Visitors to the Dark Canyon Wilderness area will find the Doll House, a fully-intact and well-preserved single-room granary. Located at the bottom of Horse Pasture Canyon and Dark Canyon, visitors will also find Scorup Cabin, a line cabin originally built in Rig Canyon and later moved to its current location, that cowboys used as a summer camp while running cattle in the area. The area 135 STAT. 2772 also contains exposures of Permian Period Cutler Group deposits that have a high potential to contain both vertebrate and invertebrate fossils. The White Canyon region, west of Dark Canyon, is a remote area featuring an extensive complex of steep and narrow canyons cut through light-colored Cedar Mesa Sandstone. Once used by outlaws to evade authorities, the area’s slot canyons, including the Black Hole, Fry Canyon, and Cheesebox Canyon, now draw adventurers in search of multi-day, technical canyoneering opportunities. The entire White Canyon area has a rich paleontological history. Research in the area is ongoing, but recent discoveries of track sites in the Triassic Moenkopi Formation and an assemblage of invertebrate burrows suggest that a diverse fauna once thrived here. Mollusks, phytosaurs, and possible theropod and ornithischian fossils have also been found in White Canyon. Located between the Abajo Mountains and the Colorado River, the high plateau of Elk Ridge provides stunning views of the surrounding canyons and the Bears Ears Buttes to the south. Visitors passing through the Notch, a naturally occurring narrow pass between north and south Elk Ridge, are treated to spectacular vistas of Dark Canyon to the west and Notch Canyon to the east. The area’s higher elevations, which contain pockets of ancient Engelmann spruce, rare stands of old-growth ponderosa pine, aspen, and subalpine fir, and a genetically distinct population of Kachina daisy, provide welcome respite from the higher temperatures found in the region’s lower elevations, especially during the summer. There is evidence that indigenous people have hunted and gathered plants on Elk Ridge for at least 8,000 years, a practice that continues today and is considered sacred by the Navajo Nation. Elk Ridge also has a long history of livestock grazing by Navajo and Ute families and later Anglo settlers. While the mesa top is primarily dry, water naturally occurs at the area’s seeps and springs, as well as the ephemeral Duck Lake, a seasonal wetland located on top of Elk Ridge that results from snowmelt. The upper reaches of the ridge also contain Upper Triassic formations with a high potential to contain fossils. To the east of Elk Ridge lies a major system of canyons on National Forest System lands, including Hammond Canyon, Upper Arch Canyon, Texas Canyon, and Notch Canyon. This deeply incised canyon system is composed of stunning red sandstone walls, white pinnacles, lush green foliage, and several small waterfalls. Uniquely, the area also contains large sandstone towers and hoodoos in a forested setting. The Hammond Canyon area, which is central to the history of the White Mesa Utes, contains numerous Ancestral Pueblo sites, including cliff dwellings. Hammond Canyon also contains an Ancestral Pueblo village with structures and pottery from multiple Ancestral Pueblo periods. High fossil potential exists in both the Upper Triassic and Lower Jurassic Glen Canyon Sandstone of Hammond Canyon’s lower half as well as the Permian Period Cedar Mesa Sandstone found in its upper half. Just south of Elk Ridge, Arch Canyon is a 12-mile long box canyon containing numerous arches, including Cathedral Arch, Angel Arch, and Keystone Arch. The area is teeming with fossilized remains, including numerous specimens from the Permian and Upper Permian eras. Cliff dwellings and hanging gardens are located throughout the canyon. Arch Canyon Great House, which spans the Pueblo II and III periods and contains pictographs and petroglyphs ranging from the Ar135 STAT. 2773 chaic to the historic periods, is located at the canyon’s mouth. A perennial stream that provides potential habitat for sensitive fish species and for the threatened Navajo sedge is located in the canyon’s bottom. Mule Canyon, a 500-foot deep, 5-mile long chasm, is situated northeast of the Fish Creek area and southeast of the Bears Ears Buttes. Throughout the canyon, cliff dwellings and other archaeological sites are sheltered by rock walls composed of alternating layers of red and white sandstone. Among those are the stunning House on Fire, which has different masonry styles that indicate several episodes of construction and use. The area’s rich archaeological history is also evidenced on the nearby tablelands, where the Mule Canyon Village site allows visitors to view the exposed masonry walls of ancient living quarters and a partially restored kiva. Recent research suggests that Ancestral Pueblos in this area may have cultivated a variety of plants that are uncommon across the wider landscape and persist to this day, such as the Four Corners potato, goosefoot, wolfberry, and sumac. Although similar cultivation may have been occurring near Ancestral Pueblo sites across the Bears Ears landscape, it appears to have been particularly prevalent in and around the Mule, South Cottonwood, Dry, Arch, and Owl Canyons. Tilted at almost 20 degrees and running along a north-south axis from the foothills of the Abajo Mountains, past the San Juan River, and onto the Navajo Nation, the serrated cliffs of the Comb Ridge monocline are visible from space and have both spiritual and practical significance to many Tribal Nations. It is in this area that one can find a series of alcoves in Whiskers Draw that have sheltered evidence of human habitation for thousands of years, including the site where Richard Wetherill first identified what we know today as the Basketmaker people, as well as Milk Ranch Point, where early Ancestral Pueblo farmers found refuge when the climate turned hotter and dryer at lower elevations. Comb Ridge, flanked on the west by Comb Wash and on the east by Butler Wash, holds additional evidence of centuries of human habitation, including cliff dwellings, such as the well-known Butler Wash Village and Monarch Cave, kivas, ceremonial sites, and rock writings, like the Procession Panel, Wolfman Panel, and Lower Butler Wash Panel, a wall-sized mural depicting San Juan Anthropomorph figures dating to the Basketmaker period that is considered important for understanding the daily life and rituals of the Basketmaker people. Chacoan roads as well as the handholds and steps carved into cliff faces found in this area formed part of the region’s migration system and are integral to the story of the Bears Ears landscape. The Comb Ridge area also contains a rich paleontological history, including an Upper Triassic microvertebrate site with greater taxonomic diversity than any other published site of the same nature in Utah, and the earliest recorded instance of a giant arthropod trackway in Utah. Paleontologists have also found phytosaur and dinosaur fossils from the Triassic Period and have identified new species of plant-eating crocodile-like reptiles and rich bonebeds of lumbering sauropods in the area. South Cottonwood Wash is an extensive drainage just east of Comb Ridge that extends from the Abajo Mountains to the San Juan River near Bluff, Utah. The drainage contains at least three great houses as well as a number of alcove sites, and it has a high density of petroglyphs and pictographs, including a cave with more than 200 handprints in a variety of colors. There is also evidence of a Chacoan 135 STAT. 2774 road that connected multiple great houses and kiva sites. These prehistoric transportation systems in the Bears Ears region are critical to understanding the trading patterns, economy, and social organization of ancient Pueblo communities and the other major cultural centers with whom they interacted, such as Chaco Canyon. At the far southern end of the Bears Ears landscape lies Valley of the Gods, a broad expanse of sandstone monoliths, pinnacles, and other geological features of historic and scientific interest. Towering spires of red sandstone that rise from the valley floor are held sacred by the Navajo people, who view the formations as ancient warriors frozen in stone and places of power in which spirits reside. The austere valley, which is noteworthy in both its geology and ecology, provides habitat for *Eucosma navajoensis*, an endemic moth that lives nowhere else. The Mars-like landscape also contains evidence of our own planet’s distant past, including early tetrapod trackways, Paleozoic freshwater sharks, ray-finned fishes, lobe-finned fishes, giant primitive amphibians, and multiple unique taxa of mammal-like reptiles. Paleontologists have also uncovered notable plant macrofossils including ancestral conifers, giant horsetail-like plants, ferns the size of trees, and lycopsids (similar to modern clubmoss). The San Juan River forms the southern boundary of the Bears Ears landscape. One of the four sacred rivers that Tribal Nations believe were established by the gods to act as defensive guardians over their ancestral lands, the river is closely tied to traditional stories of creation, danger, protection, and healing. The Lime Ridge Clovis site demonstrates that the history of human occupation within the river corridor dates back at least 13,000 years. The Sand Island Petroglyph Panel presents petroglyphs primarily from the Basketmaker through the Pueblo III periods as well as more modern Navajo and Ute carvings. There are also a number of Ancestral Pueblo structures that are accessible by river, such as River House. Nearby San Juan Hill was the last major obstacle for the Hole-in-the-Rock expedition and presents visible evidence of the weary expedition’s effort to cross Comb Ridge, including parts of a road, wagon ruts, and an inscription at the top of the ridge. The river corridor also contains a number of unique geologic formations, such as the well-known balancing rock at Mexican Hat, and provides important habitat for the threatened yellow-billed cuckoo and the endangered southwestern willow flycatcher. The river itself is home to two endangered fish species: Colorado pikeminnow, the largest minnow in North America, which is believed to have evolved more than 3 million years ago, and the razorback sucker, the only member of its genus. Cedar Mesa is located in the heart of the Bears Ears landscape, west of Comb Ridge and north of the San Juan River. Ranging from approximately 4,000 to 6,500 feet in elevation, the approximately 400-square mile plateau is of deep significance to Tribal Nations. Characterized by pinyon-juniper forests on the mesa tops and canyons along its periphery, the entirety of Cedar Mesa is an object of scientific and historic interest, providing a broader context for the individual resources found there. It is the density of world-class cultural resources found throughout the remote, sloping plateau and its numerous canyons that make Cedar Mesa truly unique. For example, an open-twined yucca fiber sandal believed to be more than 7,000 years old was discovered in a dry shelter located in a narrow slickrock canyon in Cedar Mesa. Moon 135 STAT. 2775 House is an example of iconic Pueblo-decorated architecture and was likely the last occupied site on Cedar Mesa. On the top of the plateau, Chacoan roads connect several Ancestral Pueblo great houses that show architectural influence from the Chaco Canyon region as well as ceramics that demonstrate both historic and modern Pueblo connections. And in the heart of Cedar Mesa, a multi-room, multi-story great house contains kivas with distinctive Chacoan features that are much larger than kivas found elsewhere on Cedar Mesa. Today, Cedar Mesa is home to bighorn sheep, but fossil evidence in the area’s sandstone has revealed large, mammal-like reptiles that burrowed into the sand to survive the blistering heat of the end of the Permian Period, when the region was dominated by a seaside desert. Later, during the Upper Triassic Period, seasonal monsoons flooded an ancient river system that fed a vast desert here. Salvation Knoll, a point from which lost Latter-day Saint pioneers were able to obtain their bearings on Christmas Day in 1879, is also located in the area. Cedar Mesa is striated with deep chasms housing remarkably intact Ancestral Pueblo sites. John’s Canyon and Slickhorn Canyon, which empty into the San Juan River in the Glen Canyon National Recreation Area to the south, contain numerous petroglyphs, pictographs, and Ancestral Pueblo structures built into elongated alcoves on buff-colored cliffs. Similarly, the canyons on the east side of Cedar Mesa hold a significant density of archaeological sites providing a glimpse into the region’s past, including rock writings and Ancestral Pueblo dwellings. The Citadel cliff dwelling is just one example of the striking Ancestral Pueblo sites located in Road Canyon, while other sites include painted handprints and evidence of daily life left by Ancestral Pueblos. Located to the north of Road Canyon, the Fish Canyon area contains a number of Pueblo structures. The Fish Canyon area also contains one of the few perennial streams in the area and an important potential habitat for the Mexican spotted owl. Finally, the rust-colored, 145-foot span of Nevills Arch awaits those who make the challenging trek down Owl Canyon. Opening to a height of 80 feet and named after Norman Nevills, the first boatman to take paying customers on the Colorado River through the Grand Canyon, the arch creates a striking window to the sky on the upper reaches of the canyon walls. Grand Gulch, a mostly dry canyon that meanders for nearly 50 miles on the western edge of Cedar Mesa and is replete with thousands of cliff dwellings and rock writing sites, likely contains the highest concentration of Ancestral Pueblo sites on the Colorado Plateau. Initially occupied in the Basketmaker II and III periods, Grand Gulch’s initial inhabitants left pictographs and constructed shallow pithouses and camps on the mesa top and dry shelters for storage. One pictograph dating from this time period depicting two large, anthropomorphic figures is of special religious significance to Tribal Nations. Grand Gulch also contains a multitude of Pueblo II to III sites and was one of the first prehistoric national historic districts designated on the National Register of Historic Places. The area contains the Turkey Pen site, which is believed to provide some of the earliest evidence of turkey domestication in North America, a pristine kiva in a remote canyon bend, and countless other unique Pueblo structures, such as Junction Village, a large Pueblo habitation site; Split Level Village, a multi-level Pueblo habitation; and Bannister House, a habitation consisting of two relatively intact structures and a spring at the base of the cliff face. 135 STAT. 2776 Grand Gulch also contains unique artifacts, such as a tattoo needle, a site containing a multichromatic pictograph of a mask, important historic archaeological inscriptions from the Wetherill expedition, and a multitude of other rock writings. Kane Gulch is a tributary canyon of Grand Gulch incised through Cedar Mesa Sandstone and clogged with house-sized boulders. The canyon houses an aspen grove—an uncommon occurrence at such elevations in the desert—and contains a number of archaeological sites that are perched on canyon walls high above cottonwood trees that provide welcomed shade to the riparian areas in the canyon bottom. Nearby, Bullet Canyon, which intersects with the upper reaches of Grand Gulch, also holds numerous structures, petroglyphs, pictographs, and other artifacts, such as the well-preserved Perfect Kiva—a partly restored kiva, accompanied by several rooms and other smaller structures. To the west of Cedar Mesa, the Clay Hills, Red House Cliffs, and Mike’s Canyon form the southwest corner of the Bears Ears landscape. This remote and rarely visited area remains largely unstudied by scientists. Tool- and arrowhead-making sites, dwellings, and granaries in the lower reaches of the canyons indicate that they sustained Archaic, Basketmaker, and Ancestral Pueblo cultures. The area’s unforgiving topography, composed of expansive stretches of slickrock periodically interrupted by deep canyons, challenged Latter-day Saint settlers that traveled along the Hole-in-the-Rock Trail and left wheel ruts and other traces of pioneer life. The harsh ecosystem still supports a herd of desert bighorn sheep throughout the year, and in the canyon bottoms, including Mike’s Canyon, intrepid beavers can be found in small areas of riparian habitat. The Clay Hills area contains the first discovery of vertebrate fossils from the Bears Ears region, which was also the first occurrence of a phytosaur identified in Utah. Standing alone west of Cedar Mesa and adjacent to the Glen Canyon National Recreation Area, Mancos Mesa is likely the largest isolated slickrock mesa in southern Utah. Covering approximately 180 square miles, Mancos Mesa’s roughly triangular shape is bounded by towering cliffs, some reaching more than 1,000 feet high. The entire area is dominated by Navajo Sandstone and is incised with canyons, including Moqui Canyon, a 20-mile canyon with sheer walls rising over 600 feet. The mesa, an ecological island in the sky, contains a relict plant community that supports Native perennial grasses, shrubs, and some cacti. Mancos Mesa also contains archaeological remains dating back 2,000 years and spanning across the Basketmaker II and III and Pueblo I, II, and III periods. Protection of the Bears Ears area will preserve its spiritual, cultural, prehistoric, and historic legacy and maintain its diverse array of natural and scientific resources, ensuring that the prehistoric, historic, and scientific values of this area remain for the benefit of all Americans. For more than 100 years, and sometimes predating the enactment of the Antiquities Act, Presidents, Members of Congress, Secretaries of the Interior, Tribal Nations, State and local governments, scientists, and local conservationists have understood and championed the need to protect the Bears Ears area. The area contains numerous objects of historic and scientific interest and also includes other resources that contribute to the social and economic well-being of the area’s modern communities as a result of world-class outdoor recreation opportuni135 STAT. 2777 ties, including unparalleled rock climbing available at places like the canyons in Indian Creek; the paradise for hikers, birders, and horseback riders provided in areas like the canyons east of Elk Ridge; and other destinations for hunting, backpacking, canyoneering, whitewater rafting, and mountain biking, that are important to the increasing travel- and tourism-based economy in the region. WHEREAS, section 320301 of title 54, United States Code (known as the “Antiquities Act”), authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and management of the objects to be protected; and WHEREAS, Proclamation 9558 of December 28, 2016, designated the Bears Ears National Monument in the State of Utah and reserved approximately 1.35 million acres of Federal lands as the smallest area compatible with the proper care and management of the objects of historic and scientific interest declared part of the monument; and WHEREAS, Proclamation 9681 of December 4, 2017, modified the management direction of the Bears Ears National Monument and modified the boundaries to add approximately 11,200 new acres of Federal lands, and the objects of historic and scientific interest contained therein, and to exclude more than 1.1 million acres of Federal lands from the reservation, including lands containing objects of historic and scientific interest identified as needing protection in Proclamation 9558, such as Valley of the Gods, Hideout Canyon, portions of the San Juan River and Abajo Mountains, genetically distinct populations of Kachina daisy, and the *Eucosma navajoensis* moth; and WHEREAS, December 4, 2017, was the first time that a President asserted that the Antiquities Act included the authority to reduce the boundaries of a national monument or remove objects from protection under the Antiquities Act since passage of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 *et seq*.); and WHEREAS, the entire Bears Ears landscape is profoundly sacred to sovereign Tribal Nations and indigenous people of the southwest region of the United States; and WHEREAS, I find that the unique nature of the Bears Ears landscape, and the collection of objects and resources therein, make the entire landscape within the boundaries reserved by this proclamation an object of historic and scientific interest in need of protection under 54 U.S.C. 320301; and WHEREAS, I find that all the historic and scientific resources identified above and in Proclamation 9558 are objects of historic or scientific interest in need of protection under 54 U.S.C. 320301; and WHEREAS, I find that there are threats to the objects identified in this proclamation; and WHEREAS, I find, in the absence of a reservation under the Antiquities Act, the objects identified in this proclamation and in Proclamation 9558 are not adequately protected by otherwise applicable law or ad135 STAT. 2778 ministrative designations because neither provide Federal agencies with the specific mandate to ensure proper care and management of the objects, nor do they withdraw the lands from the operation of the public land, mining, and mineral leasing laws; thus a national monument reservation is necessary to protect the objects of historic and scientific interest in the Bears Ears region for current and future generations; and WHEREAS, I find that the boundaries of the monument reserved by this proclamation represent the smallest area compatible with the protection of the objects of scientific or historic interest as required by the Antiquities Act; and WHEREAS, it is in the public interest to ensure the preservation, restoration, and protection of the objects of scientific and historic interest on the Bears Ears region, including the entire monument landscape, reserved within the boundaries of the Bears Ears National Monument, as established by this proclamation; NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above and in Proclamation 9558 that are situated upon lands and interests in lands owned or controlled by the Federal Government to be the Bears Ears National Monument (monument) and, for the purpose of protecting those objects, reserve as part thereof all lands and interests in lands not currently reserved as part of a monument reservation and that are owned or controlled by the Federal Government within the boundaries described on the accompanying map, which is attached to and forms a part of this proclamation. These reserved Federal lands and interests in lands consist of those lands reserved as part of the Bears Ears National Monument as of December 3, 2017, and the approximately 11,200 acres added by Proclamation 9681, encompassing approximately 1.36 million acres. As a result of the distribution of the objects across the Bears Ears landscape, and additionally and independently, because the landscape itself is an object in need of protection, the boundaries described on the accompanying map are confined to the smallest area compatible with the proper care and management of the objects of historic or scientific interest identified above and in Proclamation 9558. All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, or other disposition under the public land laws or laws applicable to the United States Forest Service (USFS), from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing, other than by exchange that furthers the protective purposes of the monument. This proclamation is subject to valid existing rights. If the Federal Government subsequently acquires any lands or interests in lands not currently owned or controlled by the Federal Government within the boundaries described on the accompanying map, such lands and interests in lands shall be reserved as a part of the monument, and objects identified above that are situated upon those lands and interests in lands shall be part of the monument, upon acquisition of ownership or control by the Federal Government.135 STAT. 2779 The Secretary of Agriculture and the Secretary of the Interior (Secretaries) shall manage the monument through the USFS and the Bureau of Land Management (BLM), respectively, in accordance with the terms, conditions, and management direction provided by this proclamation and, unless otherwise specifically provided herein, those provided by Proclamation 9558, the latter of which are incorporated herein by reference. The USFS shall manage that portion of the monument within the boundaries of the National Forest System (NFS), and the BLM shall manage the remainder of the monument. The lands administered by the USFS shall be managed as part of the Manti-La Sal National Forest. The lands administered by the BLM shall be managed as a unit of the National Landscape Conservation System. To the extent any provision of Proclamation 9681 is inconsistent with this proclamation or Proclamation 9558, the terms of this proclamation and Proclamation 9558 shall govern. To further the orderly management of monument lands, the monument will be jointly managed as a single unit consisting of the entire 1.36 million-acre monument. For purposes of protecting and restoring the objects identified above and in Proclamation 9558, the Secretaries shall jointly prepare and maintain a new management plan for the entire monument and shall promulgate such regulations for its management as they deem appropriate. The Secretaries, through the USFS and BLM, shall consult with other Federal land management agencies or agency components in the local area, including the National Park Service, in developing the management plan. In promulgating any management rules and regulations governing the NFS lands within the monument and developing the management plan, the Secretary of Agriculture, through the USFS, shall consult with the Secretary of the Interior, through the BLM. The Secretaries shall provide for maximum public involvement in the development of that plan, including consultation with federally recognized Tribes and State and local governments. In the development and implementation of the management plan, the Secretaries shall maximize opportunities, pursuant to applicable legal authorities, for shared resources, operational efficiency, and cooperation. In recognition of the importance of knowledge of Tribal Nations about these lands and objects and participation in the care and management of the objects identified above, and to ensure that management decisions affecting the monument reflect expertise and traditional and historical knowledge of Tribal Nations, a Bears Ears Commission (Commission) is reestablished in accordance with the terms, conditions, and obligations set forth in Proclamation 9558 to provide guidance and recommendations on the development and implementation of management plans and on management of the entire monument. To further the protective purposes of the monument, the Secretary of the Interior shall explore entering into a memorandum of understanding with the State of Utah that would set forth terms, pursuant to applicable laws and regulations, for an exchange of land owned by the State of Utah and administered by the Utah School and Institutional Trust Lands Administration within the boundary of the monument for land of approximately equal value managed by the BLM outside the boundary of the monument. Consolidation of lands within the monument boundary through exchange in this manner provides for the orderly management of public lands and is in the public interest.135 STAT. 2780 The Secretaries shall manage livestock grazing as authorized under existing permits or leases, and subject to appropriate terms and conditions in accordance with existing laws and regulations, consistent with the care and management of the objects identified above and in Proclamation 9558. Should grazing permits or leases be voluntarily relinquished by existing holders, the Secretaries shall retire from livestock grazing the lands covered by such permits or leases pursuant to the processes of applicable law. Forage shall not be reallocated for livestock grazing purposes unless the Secretaries specifically find that such reallocation will advance the purposes of this proclamation and Proclamation 9558. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation. Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of the monument and not to locate or settle upon any of the lands thereof. If any provision of this proclamation, including its application to a particular parcel of land, is held to be invalid, the remainder of this proclamation and its application to other parcels of land shall not be affected thereby. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10286 October 8, 2021Grand Staircase-Escalante National Monument GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10286 of October 8, 2021** Grand Staircase-Escalante National Monument By the President of the United States of America A Proclamation President Clinton’s designation of the Grand Staircase-Escalante National Monument in Proclamation 6920 of September 18, 1996, was a watershed moment for conservation in the United States. Proclamation 6920 represents the first time a President designated a national monument under the Antiquities Act to be managed by the Bureau of Land Management, signaling the dawn of the modern era of Antiquities Act 135 STAT. 2782 protection and a reawakening of conservation efforts on public lands in the West. Proclamation 6920 describes the rich mosaic of objects of historic and scientific interest across Grand Staircase-Escalante. Proclamation 6920 details the monument’s varied geology, from the cliffs of the Grand Staircase in the west, to the fossil-rich formations in the Kaiparowits Plateau that demonstrate billions of years of geology infused with world-class paleontological sites, to the badlands of the Burning Hills in the center, to the intricate and complex system of canyons in the Escalante region in the east. The proclamation goes on to describe the area’s rich human history, spanning from the indigenous people and cultures who made this area home to Anglo-American explorers and early Latter-day Saint pioneers. The proclamation further identifies outstanding biological resources, describing the monument as “in the heart of perhaps the richest floristic region in the Intermountain West,” spanning five life zones and supporting diverse, rare, and endemic populations of plants and a diversity of animals, as well as unusual and diverse soils that support communities of mosses, lichens, and cyanobacteria. In addition, the proclamation describes the vast opportunities for additional scientific research and discovery within the monument. Grand Staircase-Escalante has become the focus of a multi-disciplinary study of its large landscape for the benefit of current and future generations. After the monument was established, the Congress adjusted the boundaries or ratified the acquisition of additional lands within the monument on three separate occasions, in some cases adding lands, in other cases subtracting lands. When the Congress had completed its fine-tuning, it had increased the monument’s reservation by more than 180,000 acres, bringing the total Federal lands within the monument boundaries to approximately 1.87 million acres. Remarkably, given its size, in the 25 years since its designation, Grand Staircase-Escalante has fulfilled the vision of an outdoor laboratory with great potential for diverse and significant scientific discoveries. During this period, hundreds of scientific studies and projects have been conducted within the monument, including investigating how the monument’s geology provides insight into the hydrology of Mars; discovering many previously unknown species of dinosaurs, some of which have become household names; unearthing some of the oldest marsupial fossils ever identified; conducting extensive inventories of invertebrates, including the identification of more than 600 species of bees, some of which likely exist nowhere else on Earth; performing hydrologic research in the Escalante River and Deer Creek; studying and restoring habitat for amphibians, mammals, and bird species, including the reintroduction of bighorn sheep and pronghorn to their native range; completing rangeland science assessments, including a complete Level III soils survey; carrying out widespread archaeological surveys that have documented important sites and rock writings; and implementing social science projects related to visitor experiences and impacts. New scientific discoveries are likely just around the corner; for example, scientists have collected thousands of specimens of invertebrates from the monument that await further study and are expected to yield new species that are endemic to the monument. Scientists have utilized every corner of the monument in their efforts to better 135 STAT. 2783 understand our environment, our history, our planet’s past, and our place in the universe. On December 4, 2017, President Donald Trump issued Proclamation 9682 to reduce the monument by over 860,000 acres. Proclamation 9682 removes protection from objects of historic and scientific interest across the Grand Staircase-Escalante landscape, including some resources Proclamation 6920 specifically identifies for protection. Multiple parties challenged Proclamation 9682 in Federal court, asserting that it exceeded the President’s authority under the Antiquities Act. Restoring the Grand Staircase-Escalante National Monument to its size and boundaries as they existed prior to December 4, 2017, will ensure that this exceptional and inimitable landscape filled with an unparalleled diversity of resources will be properly protected and will continue to provide the living laboratory that has produced so many dramatic discoveries in the first quarter century of its existence. Given the unique nature of the objects identified across the Grand Staircase-Escalante landscape, the threat of damage and destruction to those objects, and the current inadequate protection they are afforded, a reservation of this size is the smallest area compatible with the proper care and management of the objects of historic and scientific interest named in this proclamation and Proclamation 6920. The entire Grand Staircase-Escalante landscape—stretching from Skutumpah Terrace and the escarpments of the Grand Staircase in the west, Nipple Bench, Smoky Mountain, the Burning Hills, Grand Bench, the East and West Clark Benches, and Buckskin Mountain in the south, the Hole-in-the-Rock Trail that runs through the Escalante Desert, Upper Escalante Canyons, and Circle Cliffs in the northeast, and Alvey Wash and the Blues in the north—is an object of historic and scientific interest requiring protection under the Antiquities Act. There are innumerable objects of historic or scientific interest within this extraordinary landscape. Some of the objects are also sacred to Tribal Nations, rare, fragile, or vulnerable to vandalism and theft, or are dangerous to visit and, therefore, revealing their specific names and locations could pose a danger to the objects or the public. High, rugged, and remote, the vast and austere Grand Staircase-Escalante landscape is characterized by bold plateaus and multihued cliffs that run for distances that defy human perspective. It is also home to world-famous slot canyons that are so deep and narrow that sunlight almost never penetrates their ultimate depths, and pools of numbingly cold water remain throughout the hottest months. Despite being the last place in the contiguous United States to be mapped and remaining a remote and primitive landscape to this day, the Grand Staircase-Escalante area has a long and dignified human history. The landscape teems with evidence of the efforts expended by both indigenous people and early Anglo pioneers to carve existences into an arid and unforgiving region. The Grand Staircase-Escalante region retains the frontier character of the American West, providing visitors with an opportunity to experience a remote landscape rich with opportunities for adventure and self-discovery. It is unique and rare in today’s world to encounter a place where one can wander and ponder undisturbed, and explore and discover at one’s own pace. It also serves as an outdoor laboratory on the frontier of scientific research that continues to regularly reveal important insights into our planet and our past.135 STAT. 2784 The Grand Staircase-Escalante landscape is a geologic treasure of clearly exposed stratigraphy and structures. The sedimentary rock layers are relatively undeformed and unobscured by vegetation, offering a clear view to understanding the Earth’s geological development. Owing in large part to the exposure of so many formations, the landscape is one of the world’s great paleontological laboratories. From remarkable specimens of petrified wood, to the most continuous record of Late Cretaceous life, to the first evidence that tyrannosaurs hunted in packs, to marble-like iron oxide concretions found in Navajo Sandstone that provide insight into Martian geology, the ongoing discoveries on the Grand Staircase-Escalante landscape continue to make invaluable contributions to our understanding of the planet’s past. Despite the abundance of paleontological discoveries that have occurred on the landscape, and the wealth of information they have provided about the entire Mesozoic Era, it is likely that we have thus far uncovered only a fragment of Grand Staircase-Escalante’s paleontological story. Rich in human history, the Grand Staircase-Escalante landscape abounds in evidence of habitation by the Ancestral Pueblo and Fremont cultures. Tribal Nations, including the Hopi Tribe, the Kaibab Band of Paiute Indians, the Navajo Nation, the Paiute Indian Tribe of Utah, the San Juan Southern Paiute Tribe of Arizona, the Pueblo of Acoma, the Pueblo of San Felipe, the Pueblo of Tesuque, and the Pueblo of Zuni, have ancestral, cultural, or historical ties to this area and continue to use the area to this day. The Southern Paiute people in particular hold these lands sacred as they make up a portion of their traditional homeland. The landscape has also played an important role in European settlement of the American West. In 1776, the Dominguez-Escalante expedition may have passed through the region, and subsequent travelers on the Armijo Route of the Old Spanish Trail journeyed up the Paria River, through Cottonwood Canyon and the Cockscomb, and to the west through Kimball Valley and along parts of Telegraph Flat below the Vermillion Cliffs. The John Wesley Powell expedition created some of the earliest maps of the area in 1872, and later that decade, Latter-day Saint pioneers literally etched portions of the Hole-in-the-Rock Trail across the desert in their efforts to settle southern Utah. The landscape is also an outstanding biological resource. As a result of the blending of warm and cold desert flora and the high number of endemic species, the Grand Staircase-Escalante landscape, which contains 50 percent of Utah’s rare flora and 125 species of plants that occur only in Utah or on the Colorado Plateau, is one of the most floristically rich regions in the Intermountain West. An abundance of unique, isolated plant communities can be found, such as hanging gardens, tinajas, and rock crevice, canyon bottom, and dunal pocket communities. Large expanses of various exposed geologic strata, each with unique physical and chemical characteristics, have resulted in a spectacular array of unusual and diverse soils, including desert pavement and biological soil crusts, which support a wide range of vegetative communities, such as relict plant communities that have existed since the Pleistocene, and a multitude of endemic plants and pollinators. For example, lands within the Grand Staircase-Escalante landscape contain an astounding biodiversity of bees due, in large part, to the substantial elevational gradient, diversity of habitats, and abundance of flowering plants. The area is home to hundreds of bee species, including dozens 135 STAT. 2785 of species that are believed to be unique to this landscape. Many of the species found in the Grand Staircase-Escalante region are highly localized, with small populations occurring in only a few locations or near certain flowering plants. Wildlife also flourishes; from mountain lion, bear, pronghorn, and desert bighorn sheep, to hundreds of species of birds, the landscape’s location and the great variation in its elevation and topography have created a unique environment where suitable habitat exists for species associated with multiple eco-regions. The Grand Staircase-Escalante’s large, isolated, and, at times, impenetrable landscape is one of the most naturally dark outdoor spaces left in America, providing views of the cosmos that are nearly unrivaled in the contiguous United States, and an opportunity for visitors to encounter a landscape at night, undisturbed by electric lights, in the same way people have experienced the West for most of America’s history. According to recent research, over 90 percent of the landscape, or nearly 1.7 million acres, contains pristine night skies, meaning that observers would see no indication of artificial skyglow anywhere in the night sky. Only natural sources of light are visible to the human eye, such as starlight, airglow, aurora, and zodiacal light. Comparatively, less than one third of the land area of the United States regularly experiences this degree of natural darkness, and most of that land is located in Alaska. The Grand Staircase-Escalante area also provides a remarkable natural soundscape with infrequent human-caused sounds. From popular recreational destinations to remote, isolated locations, acoustic baseline research has found that some of the quietest conditions found in protected areas across the United States can be found in the Grand Staircase-Escalante landscape. The Grand Staircase-Escalante landscape is akin to a nesting doll of objects of historic and scientific interest. The landscape as a whole is an important object that provides context for each of its constituent parts. Within the whole are distinct and unique areas, which are themselves objects qualifying for protection. In turn, each of those areas contain innumerable individual fossils, archaeological sites, rare species, and other objects that are independently of historic or scientific interest and require protection under the Antiquities Act. Located in the northeast corner of the Grand Staircase-Escalante landscape adjacent to Capitol Reef National Park is the Circle Cliffs area, which is dominated by a northwest-trending sandstone anticline and dramatic red sandstone cliffs. The area also encompasses several sky islands, including Studhorse Peaks, Colt Mesa, and Deer Point, the latter of which provides exquisite views of Waterpocket Fold—a stunning fold in the area’s geologic layers that is the central feature of Capitol Reef National Park. The ecologically intact region provides important winter habitat for elk and contains a significant number of cultural sites used by Ancestral Pueblos and the Fremont. Specimens of petrified wood can be found across the Circle Cliffs area, including in the well-known Wolverine Petrified Wood Area, which includes some largely intact logs nearly 100 feet in length. Additionally, the Circle Cliffs landscape is rich in paleontological resources. The area, with geology dating back to the Triassic and Permian Periods, contains at least 45 known paleontological sites, including one in which a nearly complete articulated skeleton of *Poposaurus*—a rare bipedal crocodilian from the Late Triassic Period—was found. The Circle Cliffs landscape also contains portions of the Burr Trail, a route originally blazed by 135 STAT. 2786 stockman John Atlantic Burr that is now a Utah Scenic Backway offering remarkable views of the Waterpocket Fold, the Henry Mountains, and the Boulder Mountain area of the Aquarius Plateau. West of the Circle Cliffs and bisected by the Escalante River is the awe-inspiring Upper Escalante Canyons landscape. In this region, vivid geological features are laid bare in narrow, serpentine canyons, where erosion has exposed rolling expanses of petrified dunes and rock striations in shades of red, salmon, white, buff, and rust. The area’s resources are almost too numerous to name. There are natural bridges and arches, such as Maverick Natural Bridge and Phipps Arch, the 130-foot tall Escalante Natural Bridge, and Bowington Arch; a large and unusual circular erosional sandstone formation that has sparked the public’s imagination, as evidenced by its many names, including the Cosmic Navel; and several world-class slot canyons that draw adventurers from the world over, such as the Dry Fork of Coyote Gulch, Brimstone Canyon, Peek-a-boo Canyon, Spooky Gulch, Zebra and Tunnel Slot Canyons, and the Egypt Slots. The Escalante Canyons landscape also contains a high density of Fremont prehistoric sites, such as pithouses, villages, and storage cysts. The area’s many canyons contain a world-class density and variety of Fremont, Ancestral Pueblo, and Southern Paiute rock writings, including a panel that is particularly meaningful to Tribal Nations with ancestral and historical ties to the area and another panel containing polychromatic depictions of long, linear figures that may date back to the Archaic period. The Escalante Canyons landscape also contains many inscriptions left by early settlers of European descent and significant historic sites telling tales of the region’s more recent past, such as the Boulder Mail Trail, which was used to ferry mail between the small desert outpost towns of Escalante and Boulder beginning in 1902. The Boulder Mail Trail intersects incredibly scenic canyons that empty into the Escalante River. The narrow sandstone walls of Sand Creek shade a perennial stream that meanders through cool pools and supports riparian habitat and hanging gardens. Perennial flows are also found in Death Hollow, a stunning canyon chiseled into yellow and white Navajo Sandstone that is narrow and extraordinarily deep in its upper reaches before transitioning near the Boulder Mail Trail into a wider canyon dotted with ponderosa pine and riparian habitat. As a result of the abundance of water in tributaries of the Escalante River, as well as various seeps and springs, the Escalante Canyons area is dotted with hanging gardens, tinajas, and riparian vegetation that provide oases of sorts in an otherwise arid environment. The area is distilled to its essence in Calf Creek Canyon, the home of towering Navajo Sandstone cliffs, lush vegetation, cultural sites, and a perennial stream with two waterfalls: a slender 88-foot plunge in the upper part of the canyon, and a 126-foot cascade farther downstream that is one of the more elegant waterfalls in the entire Southwest. The upper part of the watershed is strewn with black basalt boulders and expanses of iron concretion sheets. To the southeast of the Upper Escalante Canyons, adjacent to Capitol Reef National Park and Glen Canyon National Recreation Area, is a region with a rich pioneer history that functions as a gateway to the many slot canyons and arches near the Escalante River. Traversing the area is the historically significant Hole-in-the-Rock Road, which generally follows the route that Latter-day Saint pioneers constructed between 1879 and 1880 when crossing southern Utah to establish a 135 STAT. 2787 wagon route between Escalante and southeast Utah settlements. Today, the road provides access to many of the landscape’s resources, including Devil’s Garden, an area with hoodoos, colorful rock formations, and unique sandstone arches like the impressively delicate Metate Arch; the small but attractive Little Jumbo Arch; the widely photographed Sunrise and Sunset arches; and Chimney Rock, a remote, lonely sandstone pillar that seems to defy its otherwise flat surroundings. This area is also the location of Dance Hall Rock, an important landmark where Latter-day Saint pioneers camped and held meetings and dances when constructing the Hole-in-the-Rock Trail. These uncompromising desert lands are home to high concentrations of rare species of bees with fascinating adaptations to their local environment, such as *Diadasia* bees, which build nests in the hard desert soil that feature a clay chimney on top, an architectural design that has, thus far, stumped scientists trying to understand its utility. Consisting of rock primarily from the Jurassic Period, there are many paleontological sites in this region. Among those, the sprawling Twentymile Wash Dinosaur Megatrackway consists of more than several hundred individual dinosaur tracks and what some scientists believe is a rare, mid-line tail-drag impression left in the Escalante Member of the Entrada Formation by a sauropod, or long-necked dinosaur. At the center of the Grand Staircase-Escalante landscape is the Kaiparowits Plateau, containing roughly 1,600 square miles of sedimentary rock that towers over the surrounding area. The plateau is bordered on the east side by the Straight Cliffs, which stretch from near the beginning of the Escalante River to Fiftymile Mountain, and on the west by the East Kaibab Monocline, better known as the Cockscomb. The area is made up of steep-walled canyons, escarpments, towers, arches, and a series of benches that ascend from the southern border of the Grand Staircase-Escalante landscape. The Cockscomb is formed by parallel ridges with an intersecting steep v-shaped trough, and flatirons, small monoliths, and other colorful formations along the western ridge. The plateau has evidence of thousands of years of human habitation with sites attributed to many prehistoric cultures in southern Utah. Bighorn sheep and pronghorn have historically roamed the Kaiparowits Plateau—as evidenced by the area’s petroglyph and pictograph panels—and reproducing populations have been reintroduced in recent years. The area is also home to a small population of chuckwalla and a population of desert night lizard, a species rarely seen in Utah. The stratified geology of the Kaiparowits Plateau exposes fossils and other indicia of hundreds of millions of years of our planet’s history, the only evidence in our hemisphere of mammals from the Cenomanian through Santonian ages and one of the world’s best and most continuous records of Late Cretaceous terrestrial life. To date, many thousands of fossil sites have been documented on the plateau, including evidence of at least 15 previously unknown species of dinosaur. Fossils are preserved in stunning detail rarely seen in North America, including traces of soft tissue and the impressions of skin, beaks, and claws. The plateau contains a diverse assemblage of Campanian fauna, including a remarkable record of vertebrate species that include many new taxa and new temporal and geographic occurrences, thereby making the Kaiparowits Plateau an important scientific resource providing insight to the Late Cretaceous biosphere.135 STAT. 2788 The Kaiparowits Plateau comprises multiple geological formations. The Kaiparowits and Wahweap Formations contain diverse and unique fossil evidence of ancient fauna and flora, including pterosaurs, frogs, salamanders, and snakes, that are fundamentally different from discoveries in other parts of North America. The Kaiparowits Formation has produced many ancient vertebrate taxa that are entirely new to science, including a vast array of horned dinosaurs, such as the *Nasutoceratops*, *Kosmoceratops*, and *Utahceratops*, a new species of *Gryposaurus* possessing a more robust skull, a new raptor, and the tyrannosaurid *Teratophoneus*. It has also produced evidence of a potentially new crested duck-billed dinosaur and incredibly diverse vegetative communities with previously undescribed fossil trees and aquatic plants. In 2018, researchers recovered the *Akainacephalus*, which is the most complete ankylosaur ever recovered in the southwestern United States. Exploration of the Wahweap Formation, while still in early stages, has led to striking Mesozoic Era discoveries, including the horned dinosaur *Diabloceratops* and the tyrannosaurid *Lythronax*. Similarly, the Dakota Formation contains some of the earliest evidence of mammals in the fossil record, and the Tropic Shale Formation includes important marine reptiles such as five species of plesiosaur and North America’s oldest mosasaur. There are at least two mass mortality sites on the Kaiparowits Plateau, including the Rainbows and Unicorns site, which preserves the relatively complete remains of at least four tyrannosaurs ranging in age from juvenile to large adult, indicating that tyrannosaurs may have been social hunters and engaged in extended parental care, and Uncle Charley’s Bonebed, which produced the fossilized remains of extinct tortoises, many of which had soft tissue preservation of skin and claws, and one of which even had a clutch of eggs preserved in its carapace. In addition, petrified wood from the Late Jurassic and Late Cretaceous Periods is found in the Morrison, Wahweap, and Kaiparowits Formations. The plateau also has an expansive exposure of a unique deposit of fossil oyster beds up to six feet thick from the Cretaceous Period, along with other marine mollusk shells. The eastern portion of the Kaiparowits Plateau is dominated by Fiftymile Mountain and Fiftymile Bench. The upper elevations of these bench lands contain rich and varied ecosystems that include pinyon and juniper woodlands, ponderosa pine forests, and aspen groves. The area is dissected by a labyrinth of picturesque canyons, many of which contain important riparian ecosystems. The Fiftymile Mountain area has a high density of archaeological sites, including masonry structures, which have architectural styles suggesting that the Virgin Branch and Kayenta Branch of Ancestral Pueblos and the Fremont culture converged in the area. There are also sites considered sacred to several Tribal Nations with historical or ancestral ties to the Grand Staircase-Escalante region. This area further contains evidence of early pioneers who tried to scratch out a life on the sparse landscape, including historic cabins, fences, and stock trails. The sagebrush steppe ecosystem of Fiftymile Bench provides views of Window Wind Arch and striking vistas of the skyscraper-like escarpment that is the eastern face of the Straight Cliffs. The Straight Cliffs Formation, which is particularly exposed in this part of southern Utah, is rich with fossil resources containing evidence of primitive mammals, as well as straight cone cephalopods, ammonites, gastropods, pelecypods, and Cretaceous shark teeth. The Straight Cliffs also contain many clusters of balanced or pedestal rocks, known as hoodoos. Sooner Rocks, at the base of the 135 STAT. 2789 Straight Cliffs, provides outstanding examples of the geologic feature known as “mega-potholes” that are more often found in some of the sandstone formations in and around Glen Canyon. Grand Bench lies on the southeastern border of the Kaiparowits Plateau between the Burning Hills to the west and Fiftymile Mountain to the east. The sparse road network in Grand Bench makes it one of the most remote locations in the Grand Staircase-Escalante, with largely unspoiled and unimpeded views of the night sky. The Grand Bench area is also home to the mostly freestanding Woolsey Arch, as well as many recorded paleontology sites found in its Cretaceous and Jurassic Period rocks, including petrified wood and important fossils. The Smoky Mountain area just west of Grand Bench on the Kaiparowits Plateau provides a striking scene. The steep and rugged hilltops of the Burning Hills have been scorched red by naturally occurring underground coal fires that have been smoldering for hundreds, if not thousands, of years. Similarly, Smoky Mountain is dotted with natural chimneys that release hot smoke and sulfuric gasses from the coal fires below. Despite the hostile environment, this area is home to a number of rare and endemic plant species, including Atwood evening primrose and Smoky Mountain globemallow, as well as a thriving herd of desert bighorn sheep and nesting areas for a high density of raptors. The lower benches of the Kaiparowits Plateau, including John Henry Bench, Tibbet Bench, Nipple Bench, and Jack Riggs Bench, lie to the west of Smoky Mountain and provide important habitat for big game, including desert bighorn sheep and pronghorn, and sweeping views to the south. The Cretaceous Wahweap Formation runs through the area and has been the site of many important fossil finds, including turtle shells, dinosaurs, and crocodile teeth. Just west of Nipple Bench are the Wahweap Hoodoos, ghostly white formations with brown capstones that can appear to float in the right conditions. Alvey Wash is situated in the northern part of the Kaiparowits Plateau, close to the Straight Cliffs, and north of Death Ridge. In addition to providing access to the interior of the Kaiparowits Plateau, the Alvey Wash area contains geologic objects of historic and scientific interest, including various arches and portions of the Smoky Mountain Road State Scenic Backway, a remote, unpaved route that offers unparalleled views of Lake Powell and the Kaiparowits Plateau. The region’s fossil-rich Cretaceous rocks contain more than a hundred known recorded paleontological sites. Alvey Wash, which likely acted as an important travel route between the Escalante River and the top of the Kaiparowits Plateau, also contains several important Fremont and Ancestral Pueblo sites, including rock writings, rock shelters, cliffside storage structures, and pithouses. In the northern part of the landscape, east of the towns of Tropic and Cannonville, are the Blues, an area named for the blue-grey sandstone that provides a striking contrast against the forested uplands and the pink and white cliffs of Powell Point towering in the background. The velvety gray slopes of these shale badlands include exposures of the Kaiparowits Formation that are unique on the Colorado Plateau. Representing rapid accumulation of sediment during the Late Cretaceous Period, the stratigraphy has facilitated the discovery of a diversity of fossils, including early mammals, lizards, dinosaurs, crocodilians, tur135 STAT. 2790 tles, mollusks, and some fossils found nowhere else on Earth, including one of the largest oviraptors ever discovered. This area may also provide habitat for many raptor species, including Swainson’s hawks, golden eagles, and peregrine falcons. South of the Blues, the Butler Valley area provides jaw-dropping views of multi-colored sandstone cliffs to the north and contains important microvertebrate fossil localities in the Smoky Hollow Member of the Straight Cliffs Formation found near the upper reaches of Wiggler Wash. Also nearby is Grosvenor Arch, a rare double arch with sandstone buttresses that soars 150 feet in the air, as well as the tight canyons of Butler Valley and Round Valley Draw. To the west of the Cockscomb lies the Hackberry Canyon area, with a deep gorge containing towering Wingate Sandstone cliffs and impressive narrows, and Yellow Rock, a smooth-sided dome that obtains its unique appearance from evaporated pools of water and the presence of limonite in its swirling Navajo Sandstone. With limited vegetation, Yellow Rock provides a commanding view of Hackberry Canyon to the north, the Paria River to the west, and the Cockscomb to the east. The area’s high scenic quality is further enhanced by a number of towering arches, including Sam Pollock Arch, which spans 70 feet in a tributary of Hackberry Canyon. The Hackberry Canyon area contains Virgin Branch of Ancestral Pueblo sites, such as rock shelters, pithouses, lithic scatters, and masonry structures, as well as rock writings that can be found in side canyons. Hackberry Canyon also contains evidence of later Anglo habitation, including Watson Cabin, a one-room log cabin with a fieldstone chimney that was built in the early 1890s and is one of the few standing pioneer structures in the region. To the west of the Kaiparowits Plateau, the Upper Paria River complex is a highly scenic and colorful maze of canyons, arches, and “hydrothermal-collapse” pipes and dikes that expose the multihued Carmel and Entrada Formations. The area is home to many perennial streams, the Paria River, and hundreds of acres of riparian vegetation, all of which support a particularly rich diversity of terrestrial vertebrate and avian species. Flowing continuously for most of the year thanks to water from the higher elevations in the north and west, the area’s perennial streams have left the area dissected with canyons that eventually drain into the Paria River. As the flow increases, the Paria River cuts its way through a series of benches and cliffs that form a portion of the Grand Staircase as it meanders towards its confluence with the Colorado River near Lee’s Ferry. For example, there is the spring-fed Willis Creek, which flows year-round through a moderately deep gorge that contains several sections of elegant narrows. Other nearby canyons, although dry most of the year, are subject to extreme erosional events from passing storms, such as Lick Wash, a deep canyon enclosed by horizontally striated white sandstone walls that are hundreds of feet high, and Bull Valley Gorge, an impressively deep and narrow canyon cut through Navajo Sandstone containing a variety of rock formations and colors. The Upper Paria River complex contains paleontological sites found in strata from the Jurassic and Cretaceous Periods. The Paria River corridor is also the site of the Paria ghost town, the only historic townsite in the monument. First settled by Latter-day Saint pioneers in 1865 as a farming community, the town was largely abandoned after a series of floods in the late 1800s, save for a post office, which served the area for many years.135 STAT. 2791 After the Paria River crosses the Cockscomb and enters Cottonwood Canyon, it feeds a rich riparian area that provides important habitat for the endangered southwestern willow flycatcher. Cottonwood Canyon and the nearby Rimrocks area are home to a number of rare plants, such as the Tropic goldeneye and Atwood’s pretty phacelia. This area, down to West Clark Bench, is also characterized by high ecological system diversity and is home to a number of rare bee species as well as a number of hot desert endemic species of bees in the northernmost known extent of their range. The Rimrocks area is home to striking geological formations known as the Toadstool Hoodoos, fascinating features composed of Dakota Sandstone boulders perched precariously atop softer and eroded Entrada Sandstone, and a narrow slot canyon that contains rock writings. Further east, other geological formations include the White Rocks, and to the south, the area around the East and West Clark Benches forms a barren and austere landscape that exposes Jurassic and Cretaceous Period rocks rich in paleontological resources. On the west side of the landscape is the Grand Staircase, a series of intensely colorful cliffs and plateaus that connect Bryce Canyon to the Grand Canyon. The Grey Cliffs are composed of soft Cretaceous shale and sandstone in subdued shades of gray, brown, and yellow that were deposited approximately 130 million years ago. The White Cliffs are high white or yellow cliffs of Navajo Sandstone that consistently reach heights of more than 1,000 feet. The area is home to rare and endemic bee species, particularly near Timber Mountain. The area also contains a number of relict plant communities on the sky islands of No Man’s Mesa and Little No Man’s Mesa, whose steep walls have guarded such communities for thousands of years, providing a living window into the past. Further south, the eponymous Vermilion Cliffs, once the shoreline for the ancient Lake Dixie, contain fossilized fish, dinosaurs, and early reptiles, as well as multiple tracksites. The Flag Point tracksite provides an enduring testament to humans’ fascination with the traces of epochs past. The site contains a series of theropod tracks leading right to the cliff edge and, nearby, pictographs of the tracks that were likely left by ancient indigenous peoples living in nearby communities. The Grand Staircase area is also replete with evidence of thousands of years of human habitation. Pre-historic projectile points and hunter-gatherer residential pit structures are found in the higher elevations, whereas evidence of some of the earliest corn-related agriculture in the Southwest, developed by the Virgin Branch of Ancestral Pueblos, as well as evidence of the Southern Paiute people, who identify this area as part of their ancestral homeland, are found in the lower elevations. This area also contains a number of other unusual and important resources, including a high density of petrified wood and rare and endemic plant species, such as the Higgins spring parsley and Kane breadroot. The Buckskin Mountain area, located southeast of the Vermilion Cliffs and west of the Cockscomb, is a unique lithological area, rich in rocks from the Triassic Period and late Paleozoic Era. It also provides winter range for the renowned Paunsaugunt mule deer herd and is the location of the Eagle Sink, a stunning sinkhole where the surrounding limestone collapsed to create an enormous 160-foot depression. The area also contains many Ancestral Pueblo cultural sites and provides access to the primary trailheads used to access Buckskin Gulch—the 135 STAT. 2792 longest slot canyon in the United States, with walls ascending up to 400 feet—located in the adjacent Paria Canyon-Vermilion Cliffs Wilderness. Protection of the Grand Staircase-Escalante National Monument will preserve its cultural, prehistoric, and historic legacy and maintain its diverse array of natural and scientific resources, ensuring that the prehistoric, historic, and scientific values of this area remain for the benefit of all Americans. Reservation of these lands will preserve the living laboratory within the monument boundaries that will facilitate significant scientific discoveries for years to come. The area contains numerous objects of historic and scientific interest, and it provides world-class outdoor recreation opportunities, including rock climbing, hunting, hiking, backpacking, canyoneering, river running, mountain biking, and horseback riding, that support a travel and tourism sector that is a source of economic opportunity for the region. WHEREAS, section 320301 of title 54, United States Code (known as the “Antiquities Act”), authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and management of the objects to be protected; and WHEREAS, Proclamation 6920 of September 18, 1996, designated the Grand Staircase-Escalante National Monument in the State of Utah and reserved approximately 1.7 million acres of Federal lands as the smallest area compatible with the proper care and management of objects of historic and scientific interest; and WHEREAS, on three separate occasions the Congress adjusted the boundaries of the monument—the Utah Schools and Lands Exchange Act of 1998, Public Law 105–335, 112 Stat. 3139; title II of Public Law 105–355, 112 Stat. 3247, 3252 (1998); and section 2604 of the Omnibus Public Land Management Act of 2009, Public Law 111–11, 123 Stat. 991, 1120—ultimately increasing the Federal lands reserved for the monument by more than 180,000 acres. WHEREAS, Proclamation 9682 of December 4, 2017, modifies the management direction of the Grand Staircase-Escalante National Monument and excludes nearly half of the lands reserved in Proclamation 6920, which include lands containing objects of historic and scientific interest that Proclamation 6920 identifies as needing protection, such as portions of Circle Cliffs and Waterpocket Fold; and WHEREAS, December 4, 2017, was the first time that a President asserted that the Antiquities Act included the authority to reduce the boundaries of a national monument or remove objects from protection under the Antiquities Act since the 1976 passage of the Federal Land Policy and Management Act, as amended (43 U.S.C. 1701 *et seq*.); and WHEREAS, I find that each of the historic and scientific resources identified above and in Proclamation 6920 are objects of historic or scientific interest in need of protection under 54 U.S.C. 320301; and WHEREAS, I find that the unique nature of the Grand Staircase-Escalante landscape, and the collection of objects and resources there135 STAT. 2793 in, make the entire landscape within the boundaries reserved by this proclamation an object of historic and scientific interest in need of protection under 54 U.S.C. 320301; and WHEREAS, I find that there are threats to the objects identified in this proclamation and Proclamation 6920; and WHEREAS, I find, in the absence of a reservation under the Antiquities Act, the objects identified in this proclamation and in Proclamation 6920 are not adequately protected by otherwise applicable law or administrative designations because neither provide the Department of the Interior with the specific mandate to ensure proper care and management of the objects, nor do they withdraw the lands from the operation of the public land, mining, and mineral leasing laws, and so a national monument reservation is necessary to protect the objects of historic and scientific interest in the Grand Staircase-Escalante region for current and future generations; and WHEREAS, I find that the boundaries of the monument reserved by this proclamation represent the smallest area compatible with the protection of the objects of historic or scientific interest as required by the Antiquities Act; and WHEREAS, it is in the public interest to ensure the preservation, restoration, and protection of the objects of historic or scientific interest on the Grand Staircase-Escalante lands, including the entire monument landscape, reserved within the boundaries established by this proclamation; NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above and in Proclamation 6920 that are situated upon lands and interests in lands owned or controlled by the Federal Government to be the Grand Staircase-Escalante National Monument (monument) and, for the purpose of protecting those objects, reserve as part thereof all lands and interests in lands not currently reserved as part of a monument reservation and that are owned or controlled by the Federal Government within the boundaries described on the accompanying map, which is attached to and forms a part of this proclamation. These reserved Federal lands and interests in lands consist of those lands reserved as part of the Grand Staircase-Escalante National Monument as of December 3, 2017, encompassing approximately 1.87 million acres. As a result of the distribution of the objects across the Grand Staircase-Escalante landscape, and additionally and independently, because the landscape itself is an object in need of protection, the boundaries described on the accompanying map are confined to the smallest area compatible with the proper care and management of the objects of historic or scientific interest identified above and in Proclamation 6920. All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, or other disposition under the public land laws, from location, entry, and patent under the mining laws, and from disposition under all laws relating to mineral and geothermal leasing, other than by exchange that furthers the protective purposes of the monument.135 STAT. 2794 This proclamation is subject to valid existing rights. If the Federal Government subsequently acquires any lands or interests in lands not owned or controlled by the Federal Government within the boundaries described on the accompanying map, such lands and interests in lands shall be reserved as a part of the monument, and objects identified above that are situated upon those lands and interests in lands shall be part of the monument, upon acquisition of ownership or control by the Federal Government. The Secretary of the Interior (Secretary) shall manage the monument through the Bureau of Land Management (BLM), as a unit of the National Landscape Conservation System, and in accordance with the terms, conditions, and management direction provided by this proclamation and, unless otherwise specifically provided herein, those provided by Proclamation 6920, the latter of which are incorporated herein by reference. To the extent any provision of Proclamation 9682 is inconsistent with Proclamation 6920 or this proclamation, the terms of this proclamation and Proclamation 6920 shall govern. To further the orderly management of monument lands, the monument will be managed as a single unit comprising the entire 1.87 million-acre Grand Staircase-Escalante National Monument. For purposes of protecting and restoring the objects identified above and in Proclamation 6920, the Secretary shall prepare and maintain a new management plan for the entire monument. The Secretary, through the BLM, shall consult with other Federal land management agencies or agency components in the local area, including the National Park Service, in developing the management plan. The Secretary shall provide for maximum public involvement in the development of that plan, including consultation with federally recognized Tribal Nations and State and local governments. In the development and implementation of the management plan, the Secretary shall maximize opportunities, pursuant to applicable legal authorities, for shared resources, operational efficiency, and cooperation. The Secretary, through the BLM, shall maintain an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) with the specific purpose of providing information and advice regarding the development of the management plan and, as appropriate, management of the monument, including scientific research that occurs therein. This advisory committee shall consist of a fair and balanced representation of interested stakeholders, including State and local governments, Tribal Nations, recreational users, conservation organizations, educators, local business owners, private landowners, and the scientific community, which may include members with expertise in archaeology, paleontology, entomology, geology, botany, wildlife biology, social science, or systems ecology. Nothing in this proclamation shall be deemed to enlarge or diminish the rights or jurisdiction of any Tribal Nation. The Secretary shall, to the maximum extent permitted by law and in consultation with Tribal Nations, ensure the protection of sacred sites and cultural properties and sites in the monument and provide access to Tribal members for traditional cultural, spiritual, and customary uses, consistent with the American Indian Religious Freedom Act (42 U.S.C. 1996) and Executive Order 13007 of May 24, 1996 (Indian Sacred Sites), including collection of medicines, berries and other vegetation, forest products, and firewood for personal noncommercial use in a manner consistent with 135 STAT. 2795 the care and management of the objects identified above and in Proclamation 6920. The Secretary shall manage livestock grazing as authorized under existing permits or leases, and subject to appropriate terms and conditions in accordance with existing laws and regulations, consistent with the care and management of the objects identified above and in Proclamation 6920. Should grazing permits or leases be voluntarily relinquished by existing holders, the Secretary shall retire from livestock grazing the lands covered by such permits or leases pursuant to the processes of applicable law. Forage shall not be reallocated for livestock grazing purposes unless the Secretary specifically finds that such reallocation will advance the purposes of this proclamation and Proclamation 6920. Nothing in this proclamation shall be construed to alter the authority or responsibility of any party with respect to emergency response activities within the monument, including wildland fire response. Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation. Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of the monument and not to locate or settle upon any of the lands thereof. If any provision of this proclamation, including its application to a particular parcel of land, is held to be invalid, the remainder of this proclamation and its application to other parcels of land shall not be affected thereby. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10287 October 8, 2021Northeast Canyons and Seamounts Marine National Monument GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10287 of October 8, 2021** Northeast Canyons and Seamounts Marine National Monument By the President of the United States of America A Proclamation On September 15, 2016, President Barack Obama issued Proclamation 9496 (Northeast Canyons and Seamounts Marine National Monument), which designated approximately 4,913 square miles of waters and submerged lands where the Atlantic Ocean meets the continental shelf as 135 STAT. 2797 the Northeast Canyons and Seamounts Marine National Monument. This designation represented the culmination of nearly a half-century of conservation efforts to preserve the vulnerable deep marine ecosystems of the Atlantic canyons and seamounts, which are widely known as natural laboratories for the long-term study of benthic ecology due to their rich biodiversity of important deep-sea corals, endangered whales, endangered and threatened sea turtles, other marine mammals, and numerous fish and invertebrate species. The monument is composed of two units, the Canyons Unit and the Seamounts Unit, each of which showcases unique geological features that anchor vulnerable ecological communities threatened by varied uses, climate change, and related impacts. As described by Proclamation 9496, the Canyons Unit includes three underwater canyons: Oceanographer, Gilbert, and Lydonia. The canyons’ hard walls, which range from 200 meters to thousands of meters deep, provide important habitats for, and support the life cycles of, a diversity of ocean life, including sponges, corals, and other invertebrates; larger species such as squid, octopuses, skates, flounders, and crabs; and highly migratory oceanic species, including tuna, billfish, sharks, toothed whales (such as the endangered sperm whale), and many species of beaked whales. The larger Seamounts Unit is home to four extinct undersea volcanoes—Bear, Physalia, Retriever, and Mytilus—that form a portion of an underwater chain of more than 30 extinct volcanoes that runs from the southern side of the Georges Bank to midway across the western Atlantic Ocean. These extinct volcanoes were formed as the Earth’s crust passed over a stationary hot spot that pushed magma up through the seafloor, and many of them have flat tops that were created as ocean waves eroded the cooling magma. Geographically isolated from the continental platform and characterized by steep and complex submarine topography that interrupts existing ocean currents and provides a constant supply of plankton and nutrients, the seamounts are biological islands with various substrates that form ocean oases and act as incubators for new life. All four seamounts support highly diverse ecological communities, including many rare and endemic species that are new to science and are not known to live anywhere else on Earth. Together, the monument’s submarine canyons and seamounts create the unique ecological conditions necessary to support one of the Atlantic Ocean’s most biologically productive and important marine environments and one of science’s greatest oceanic laboratories. Proclamation 9496 recognized the undersea canyons and seamounts, the deep-sea, pelagic, and other marine ecosystems they support, and the biodiversity they contain as objects of historic and scientific interest and dedicated the Federal lands and waters within the monuments’ boundaries to their protection. To provide for the proper care and management of the monument’s objects of historic and scientific interest, Proclamation 9496 directed the Secretary of Commerce and the Secretary of the Interior (Secretaries) to prepare a joint management plan and promulgate implementing regulations, as appropriate. To the extent consistent with domestic and international law, Proclamation 9496 also directed the Secretaries to prohibit certain activities within the monument, including mineral exploration and development; the use of poisons, electrical charges, or explosives to collect or harvest monument resources; and drilling into, anchoring, dredging, or otherwise altering submerged lands. Proclama135 STAT. 2798 tion 9496 also directed the Secretaries to prohibit all commercial fishing within the monument, but allowed the Secretaries to permit a 7-year phase-out for red crab and American lobster commercial fishing. Despite the monument’s ecological importance, wealth of objects of historic and scientific interest, and potential for additional scientific discovery, President Donald Trump issued Proclamation 10049 (Modifying the Northeast Canyons and Seamounts Marine National Monument) on June 5, 2020, to remove the restrictions on commercial fishing. Multiple parties challenged Proclamation 10049 in Federal court, asserting that it exceeded the President’s authority under the Antiquities Act. Restoring the prohibition on commercial fishing will ensure that the unique, fragile, and largely pristine canyons and seamounts, and the dynamic ocean systems and marine life they support, identified in Proclamation 9496 as objects of historic or scientific interest requiring protection under the Antiquities Act, will be safeguarded and will continue to provide an important venue for scientific study and research. The Canyons Unit and Seamounts Unit each contain interconnected oceanographic, geologic, and biologic features that create a unique oceanic system that supports an abundant concentration of biodiversity. These features’ close proximity to each other results in an interdependent whole that exceeds the sum of its constituent parts. In the case of the Canyons Unit, the monument boundary closely corresponds to a contiguous continental shelf break area around the heads of the three canyons, which extend seaward from features that have not yet fully taken on the distinctive canyon shape, to the walls and valleys of the canyons themselves, and out to the start of the outer shelf thousands of meters below. Within this transitional region, the walls of the three closely situated canyons combine with ocean currents, temperature gradients, eddies, and fronts to create significant and complex nutrient cycling and other processes that result in a biologically rich and distinct oceanic system. The Canyons Unit is sized to correspond to and protect these large-scale oceanic processes that provide the foundation for the distinct habitat that supports numerous objects of scientific interest. For example, the shallower depths of the canyons include ecologically significant and vulnerable habitat for tilefish, which function as ecosystem engineers by creating “pueblo” habitat at depths of 100 to 300 meters in the monument’s canyons, which in turn supports a diversity of fish and invertebrate species. The Canyons Unit also supports a great abundance of marine mammals and other upper-trophic level predators attracted to the prey abundance fostered by the Canyons Unit’s unique marine landscape. Due to the close proximity of the three canyons to one another, congregating marine mammals and pelagic fish species routinely transit the inter-canyon areas while foraging among the biologic abundance found there. This is an example of the important ecological linkages that connect the monument’s various topographies, the surrounding shelf, and the water column above them, which necessitate protection of the entire interrelated system. In the case of the Seamounts Unit, the boundary encompasses the four seamounts and the areas between the edges of Bear and Retriever Seamounts on the north side, Bear and Mytilus Seamounts on the south side, and out to the boundary line of the Exclusive Economic Zone on the east side. These four seamounts, rising thousands of feet from the surrounding seafloor, are the only seamounts located within 135 STAT. 2799 U.S. Atlantic waters. As with the Canyons Unit, the proximity of these important geologic features to each other influences the currents, upwelling, stratification, and mixing that make the species and habitat within the monument so diverse, abundant, and unique. The seamounts function as oases in the open ocean environment and feature distinct ecological communities as they grade down from the relatively shallow seamount peaks to the abyss below. They are critical to protecting the ecosystem linkages that transport nutrients to the surface through predator-prey interactions and temperature-driven upwelling, and transport organic carbon to deep-sea ecosystems (corals and benthic communities) through plankton and fecal detritus, downwelling materials, down-slope currents, and animal migration and mortality. The boundaries of the monument reflect the need to protect the canyons, seamounts, and the attendant deep-sea, pelagic, and other marine ecosystems, which are themselves objects of historic and scientific interest, as well as the complex geologic, oceanographic, and biologic characteristics in the Canyons Unit and Seamounts Unit. The monument ensures these vulnerable marine ecosystems are safeguarded and will remain the great ocean laboratories recognized in Proclamation 9496. The boundaries are closely hewn to prominent geologic objects that form the foundation of closely linked habitats, which support the monument’s great abundance and diversity of life. The boundaries are scaled to avoid cascading negative effects from failing to protect parts of these complex and interconnected marine environments and their unique oceanographic processes. In order to ensure effective management and protection of the objects of historic and scientific interest, straight-line coordinates are used where possible to provide clear and enforceable demarcation of this open-ocean monument. For these reasons, Proclamation 9496 found that the lands owned or controlled by the Federal Government within the monument’s boundaries were the smallest area compatible with the proper care and management of the objects of historic and scientific interest designated for protection. Commercial fishing activity has the potential to significantly degrade the monument’s objects of historic and scientific interest. Bottom-contact fishing gear and fixed fishing gear (for example, traps, gillnets, and bottom and pelagic long-line gear) with buoys, submerged lines, and associated traps, mesh, or hooks, all pose threats to the canyons and seamounts, the ecosystem, and the deep-sea, pelagic, and other marine life they support, as well as the additional objects of historic and scientific interest contained therein. Although statutes such as the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 *et seq*., the Endangered Species Act, 16 U.S.C. 1531 *et seq*., the Migratory Bird Treaty Act, 16 U.S.C. 703–712, the National Wildlife Refuge System Administration Act, 16 U.S.C. 668dd–668ee, the Refuge Recreation Act, 16 U.S.C. 460k *et seq*., the Marine Mammal Protection Act, 16 U.S.C. 1361 *et seq*., the Clean Water Act, 33 U.S.C. 1251 *et seq*., the Oil Pollution Act, 33 U.S.C. 2701 *et seq*., the National Marine Sanctuaries Act, 16 U.S.C. 1431 *et seq*., and Title I of the Marine Protection, Research and Sanctuaries Act (Ocean Dumping Act), 33 U.S.C. 1401 *et seq*., provide important safeguards that did not exist prior to the Antiquities Act’s passage, these laws do not adequately address the threats facing the canyons and seamounts and their surrounding ecosystem. The prohibition on commercial fishing confers necessary, addi135 STAT. 2800 tional, and lasting protections for the objects of historic and scientific interest in the Northeast Canyons and Seamounts Marine National Monument for current and future generations. Protection of the Northeast Canyons and Seamounts as a marine national monument preserves significant geological features, marine biota, and deep-sea, pelagic, and other marine ecosystems that the canyons and seamounts create and support as they interact with ocean currents, ensuring that the natural and scientific values of this area are maintained for the benefit of all Americans and for the discovery of new information about living marine resources for years to come. WHEREAS, section 320301 of title 54, United States Code (the “Antiquities Act”) authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and management of the objects to be protected; and WHEREAS, Proclamation 9496 designated the Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean and reserved approximately 4,913 square miles of water and submerged lands in and around certain deep-sea canyons and seamounts situated upon lands and interests in lands owned or controlled by the Federal Government as the smallest area compatible with the proper care and management of objects of historic and scientific interest; and WHEREAS, Proclamation 10049 modified the conditions of the Northeast Canyons and Seamounts Marine National Monument to allow commercial fishing activities, which could impact monument objects; and WHEREAS, I find that the resources identified above and in Proclamation 9496 are objects of historic or scientific interest in need of protection under the Antiquities Act; and WHEREAS, I find that the unique nature of the waters and submerged lands that make up the marine environment in the Northeast Canyons and Seamounts area and the collection of objects and resources therein make the entire area within the boundaries of the monument an object of historic and scientific interest in need of protection under the Antiquities Act; and WHEREAS, I find that there are documented threats to the objects identified above and in Proclamation 9496; and WHEREAS, I find that the objects identified above and in Proclamation 9496 are not adequately protected by applicable law and other administrative designations; and WHEREAS, I find that the boundaries of the monument reserved by Proclamation 9496 represent the smallest area compatible with the proper care and management of the objects of historic or scientific interest; and WHEREAS, it is in the public interest to ensure the preservation and protection of the objects of historic and scientific interest in the Northeast Canyons and Seamounts Marine National Monument;135 STAT. 2801 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim that, in order to provide for the proper care and management of the objects identified above and in Proclamation 9496, management of lands and interests in lands owned or controlled by the Federal Government within the Northeast Canyons and Seamounts Marine National Monument shall be governed by the management provisions of Proclamation 9496. Such provisions include paragraph 6 in the section entitled “Prohibited Activities” and paragraph 5 in the section entitled “Regulated Activities,” which provide for the prohibition of all commercial fishing in the monument, except for red crab and American lobster commercial fishing, which may be permitted until September 15, 2023. The Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, through the United States Fish and Wildlife Service, share management responsibility for the monument, as prescribed in Proclamation 9496. Within their respective authorities, the Secretaries shall prepare a joint management plan for the monument by September 15, 2023, and, as appropriate, shall promulgate implementing regulations that address any further specific actions necessary for the proper care and management of the objects and area identified above and in Proclamation 9496. To the extent any provision of Proclamation 10049 is inconsistent with this proclamation or Proclamation 9496, the terms of this proclamation and Proclamation 9496 shall govern. Warning is hereby given to all unauthorized persons not to appropriate, excavate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any lands thereof. If any provision of this proclamation, including its application to a particular parcel of land, is held to be invalid, the remainder of this proclamation and its application to other parcels of land shall not be affected thereby. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10288 October 14, 2021Blind Americans Equality Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10288 of October 14, 2021** Blind Americans Equality Day, 2021 By the President of the United States of America A Proclamation Thirty-one years ago, our Nation moved closer to fulfilling its foundational promise of equal dignity and opportunity for all with the enactment of the landmark Americans with Disabilities Act. This bipartisan legislation—which I proudly co-sponsored as a member of the United States Senate—has made a profound difference in the lives of blind Americans, paving the way for greater opportunity, self-suffi135 STAT. 2802 ciency, independent living, and equitable participation in all aspects of life. On Blind Americans Equality Day, we recognize the rights, talents, and contributions of blind and visually impaired Americans who represent every segment of our diverse population. My Administration is committed to building on the foundation of the Americans with Disabilities Act by ensuring that blind and visually impaired Americans have equitable opportunities for employment and career advancement. That is why I signed Executive Orders to advance diversity, equity, inclusion, and accessibility within the Federal workforce and to raise the minimum wage of Federal contractors to $15 an hour—orders which will directly impact our many Federal contractors who are blind and visually impaired. These actions will further enable Federal workers with disabilities to access reasonable accommodations and gain greater economic self-sufficiency while spurring the Federal Government to be a model employer in providing equitable, accessible, and inclusive work environments for employees with disabilities. My Administration is also providing funding opportunities across agencies to advance competitive integrated employment opportunities for disabled workers. And to provide much-needed financial relief during the COVID–19 pandemic, my Administration recently awarded $20 million through the Randolph-Sheppard Vending Facilities Program to assist blind entrepreneurs and provide opportunities for blind vendors to operate vending facilities on Federal property. Building an accessible, equitable Nation for all Americans is a key part of building back better, and for many families, fulfilling that commitment begins in America’s classrooms. When we invest in education, we advance equity and opportunity for millions of students, including children who are blind and visually impaired. My American Rescue Plan has made over $3 billion available to help State educational agencies recover from the impact of the COVID–19 pandemic. This funding is supporting special education, early intervention, and related services for children with disabilities and their families. While the American Rescue Plan increased the amount of the Federal Government’s financial contribution to the education of children with disabilities, my Administration is also working with the Congress to fully fund the Individuals with Disabilities Education Act—so that disabled students can receive an education that is tailored to their individual needs. This is about who we are as Americans—and these actions are helping us move our country closer to the fulfillment of our highest ideals of equity and opportunity for all. On Blind Americans Equality Day, we recommit to ensuring freedom, equality, and opportunity for all blind and visually impaired Americans, whose contributions continue to make our Nation stronger. By joint resolution approved on October 6, 1964 (Public Law 88–628, as amended), the Congress authorized October 15 of each year as “White Cane Safety Day,” which is recognized today as “Blind Americans Equality Day,” to honor the contributions of blind and visually impaired Americans. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 15, 2021, as Blind Americans Equality Day. I call upon all government 135 STAT. 2803 officials, educators, volunteers, and all the people of the United States to mark this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10289 October 15, 2021National Peace Officers’ Memorial Service GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10289 of October 15, 2021** National Peace Officers’ Memorial Service By the President of the United States of America A Proclamation In honor of the National Peace Officers’ Memorial Service being held in Washington, D.C., to remember and pay respect to law enforcement officers who died in the line of duty and their families, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions on Saturday, October 16, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10290 October 15, 2021National Character Counts Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10290 of October 15, 2021** National Character Counts Week, 2021 By the President of the United States of America A Proclamation Every day, each of us makes countless decisions that ultimately define our character and who we are as people. Life’s daily choices may not always seem consequential, but they have tremendous potential to transform our communities, our country, and our world. Our words have the power to lift up or tear down, to inspire or discourage, and to comfort or torment. Our actions have the power to create or destroy, to heal or to hurt, and to unify or divide.135 STAT. 2804 As Americans, our individual character—the sum of qualities that defines who we are and how we treat one another—shapes the character of our Nation and shapes the world we leave for our children. Our character is defined and revealed by the choices we make over a lifetime and, in the case of our Nation, from generation to generation. As we celebrate National Character Counts Week, I encourage all Americans to examine and embody the highest ideals that define our Nation and that have helped us overcome our greatest challenges. I have long said that the story of America is the story of ordinary people doing extraordinary things. It is a story of strength and resilience, courage and character. Today, our Nation faces tests like very few before—from fighting the COVID–19 pandemic and addressing longstanding inequities and injustices, to confronting the ravages of climate change, and responding to threats to our very democracy. Despite these trials, it is the character of the American people—courageous, selfless, and community-minded—that is pulling us through. As we see in our first responders on the frontlines of the pandemic helping their communities with selfless compassion, in our service members bravely serving around the globe, in our scientists pursuing knowledge with integrity, in our firefighters combating wildfires, and in our teachers and parents and students adapting to new learning environments with patience and determination—Americans are meeting the moment by working to see that we overcome our challenges together. Character is also revealed by our choices. We must choose to uphold the dignity of all Americans by protecting their health and security, investing in their education and development, helping the needy and the vulnerable, and erasing the stain of hate and discrimination from our society. On this and so many other tasks, I firmly believe that the American people are up to the challenge. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 17 through October 23, 2021, as National Character Counts Week. I encourage all Americans to set aside differences and join in efforts of service that contribute to their communities. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10291 October 15, 2021National Forest Products Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10291 of October 15, 2021** National Forest Products Week, 2021 By the President of the United States of America A Proclamation For thousands of years, humans have relied on forests for food, fuel, shelter, and medicine among other important uses. Today, forests support the livelihoods of people across the globe, providing jobs and an economic base for families and communities. In the United States, our 135 STAT. 2805 forests are vital to our Nation, our people, and our economy. They provide wildlife habitat, clean air and water, and renewable materials and energy for the benefit of Americans. Forests also provide Americans countless opportunities for recreation and relaxation, and they remain vital for ceremonies and cultural practices long held by Tribal Nations. During National Forest Products Week, we celebrate the wealth of products and benefits our forests provide, and we recommit ourselves to wisely and sustainably stewarding them to meet our Nation’s needs today and long into the future. While celebrating our forests, we must also acknowledge they are under duress. Climate change threatens our forests by increasing the severity and frequency of wildfires, droughts, floods, and extreme temperatures. My Administration is committed to confronting the climate crisis and the associated challenges facing our forests, including those stemming from biodiversity loss, extreme weather, and insect and disease outbreaks. That is why my Administration launched the “America the Beautiful” initiative with the goal of bringing Americans together to conserve at least 30 percent of our lands and waters by 2030. This initiative elevates forest restoration as a way to create jobs while also reducing the threat of catastrophic wildfires, restoring ecosystem function, and fighting the climate crisis. This ambitious goal will drive us forward to meet the urgent challenges we face in maintaining the health, diversity, and productivity of our forests. Our forests and the many ecosystem services and wood products they provide are key elements in securing an environmentally sustainable economy. My Administration will continue to advance community-driven conservation and restoration initiatives that will create good jobs—especially in low-income and rural communities—and generate economic growth. My Administration is also supporting business opportunities that advance forest conservation and create jobs by expanding markets for innovative forest products through Federal programs such as the United States Department of Agriculture Forest Service Wood Innovations and Community Wood grant programs. We are proposing investments in sustainable and innovative uses for wood waste materials to produce advanced biofuels, biochar, heat, and power—including through sustainable aviation fuels and other sustainable biofuels. These programs have the potential to support increased connections between the health of our forests, economic opportunity, and the production of valuable renewable energy. To recognize the importance of the many products generated from our Nation’s forests, the Congress, by Public Law 86–753 (36 U.S.C. 123), as amended, has designated the week beginning on the third Sunday in October of each year as “National Forest Products Week” and has authorized and requested the President to issue a proclamation in observance of this week. As part of National Forest Products Week, let us rededicate ourselves to working together across public, Tribal, and private lands to sustain the ability of America’s forests to continue to provide the multitude of benefits that will enhance our lives for generations to come. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 17 through October 23, 2021, as National Forest Products Week. I call upon the people of the United States to join me in this observance and 135 STAT. 2806 in recognizing all Americans who are responsible for the stewardship of our Nation’s beautiful, forested landscapes. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10292 October 18, 2021Death of General Colin Powell GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10292 of October 18, 2021** Death of General Colin Powell By the President of the United States of America A Proclamation General Colin Powell was a patriot of unmatched honor and dignity. The son of immigrants, born in New York City, raised in Harlem and the South Bronx, a graduate of the City College of New York, he rose to the highest ranks of the United States military and to advise four Presidents. He believed in the promise of America because he lived it. And he devoted much of his life to making that promise a reality for so many others. He embodied the highest ideals of both warrior and diplomat. He led with his personal commitment to the democratic values that make our country strong. He repeatedly broke racial barriers, blazing a trail for others to follow, and was committed throughout his life to investing in the next generation of leadership. Colin Powell was a good man who I was proud to call my friend, and he will be remembered in history as one of our great Americans. As a mark of respect for General Powell and his life of service to our Nation, I hereby order, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset on October 22, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10293 October 22, 2021United Nations Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10293 of October 22, 2021** United Nations Day, 2021 By the President of the United States of America A Proclamation Seventy-six years ago, emerging from the ashes of a devastating World War, countries around the world embarked on a shared mission: creating a rules-based international order, grounded in democratic values, to advance universal human rights, promote the peaceful settlement of disputes, and ensure adherence to international law. The United Nations was—and remains—the cornerstone of that international order, contributing to unmatched strides towards peace and prosperity shared around the world. Our collective resolve, expressed in the United Nations Charter, remains to uphold our “faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.” On United Nations Day, we celebrate the achievements of this bold declaration, reaffirm the inherent humanity that unites us, and renew our commitment to building a future that advances peace, dignity, and security for all. Today, we stand in a moment of great pain and extraordinary possibility. Globally, nearly 5 million lives have been lost due to the COVID–19 pandemic, climate catastrophes continue to ravage our communities, inequalities and inequities are on the rise, democracy is under threat, and abuses of emerging technologies are destabilizing societies. Yet we also have new tools and new opportunities to rebuild a better world that is safer and freer for generations yet to come. It is clear that these global challenges require global cooperation, and the United States is determined to lead alongside our allies and partners to tackle the most pressing issues of our age. The United Nations remains the most important forum of its kind for mobilizing collective action to resolve global problems, maintain international peace and security, advance human rights, promote health and well-being, protect the vulnerable and marginalized, and sustain a rules-based international order. As the largest financial contributor to the United Nations, the United States has a deep stake in strengthening and modernizing the multilateral system to better enable us to meet the challenges of the 21st century. The United Nations remains critical to advancing our national security and foreign policy interests. Since I took office, my Administration has rejoined the Paris Climate Agreement, launched a campaign for a seat on the United Nations Human Rights Council, and restored United States membership in and funding for the World Health Organization. Because none of us will be safe until all of us are safe, the United States is providing over $15 billion toward the global COVID–19 response and has delivered more than 190 million doses of the COVID–19 vaccine to nations around the world, including our COVAX donations. To date, we have pledged to donate more than 1.2 billion doses of the COVID–19 vaccine, and we will continue to think big and do what we must to lead the world out of this pandemic. To ensure that the United Nations can play its central role in delivering global solutions for today’s challenges, my budget proposal calls for the United States to pay its share of the United Nations’ annual regular and peace 135 STAT. 2808 keeping budgets in full. With these key contributions, we are making clear to the world that America is committed to fulfilling its historic role and responsibility to safeguard and strengthen the rules-based order. We are at an inflection point in history. The choices we make in the next few years—whether or not we come together to face our greatest global challenges—will determine our future for decades to come. The United States stands firmly in support of the United Nations and will continue to rally the world to action not just with the example of our power but with the power of our example. Let us remember that our determination and faith in a better future laid the groundwork for the creation of the United Nations 76 years ago. Now, in a new century, we must work with allies and partners to strengthen the United Nations to effectively and efficiently tackle the challenges that defy political borders and geographical boundaries today. Tremendous work lies ahead of us, but we all share the responsibility to recommit ourselves to the original vision and values enshrined in the United Nations Charter: freedom, equality, opportunity, and human dignity. By doing so, we can build back a better world and ensure America’s lasting leadership on the world stage. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 24, 2021, as United Nations Day. I urge the Governors of the United States and its Territories, and the officials of all other areas under the flag of the United States, to observe United Nations Day with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10294 October 25, 2021Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10294 of October 25, 2021** Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic By the President of the United States of America A Proclamation The continued spread of the SARS–CoV–2 virus that causes coronavirus disease 2019 (COVID–19) is a global threat to our health and safety. COVID–19 has resulted in more than 733,000 deaths in the United States and more than 4,932,000 deaths worldwide. New variants of SARS–CoV–2 have also emerged globally, and variants that are more transmissible or cause more severe disease than the original virus strain are identified by the United States Government SARS–CoV–2 Interagency Group as variants of concern. Globally, as of October 20, 2021, 166 countries have reported cases of the B.1.617.2 (Delta) variant, a variant of concern that spreads more easily than previously discovered variants of SARS–CoV–2. The potential emergence of a var135 STAT. 2809 iant of high consequence—one that significantly reduces the effectiveness of prevention measures or medical countermeasures—is also a primary public health concern. It is the policy of my Administration to implement science-based public health measures, across all areas of the Federal Government, to prevent further introduction, transmission, and spread of COVID–19 into and throughout the United States, including from international air travelers. The Centers for Disease Control and Prevention
(CDC)within the Department of Health and Human Services has determined that the best way to slow the spread of COVID–19, including preventing infection by the Delta variant, is for individuals to get vaccinated. According to the CDC, vaccinated individuals are 5 times less likely to be infected and 10 times less likely to experience hospitalization or death due to COVID–19 than unvaccinated individuals. Other mitigation measures are also critical to slowing the spread of COVID–19. These measures include testing and mask-wearing, which are particularly important strategies to limit the spread of COVID–19 from asymptomatic and pre-symptomatic individuals, as well as self-quarantining and self-isolating. But vaccination is the most important measure for reducing the risk of COVID–19 transmission and for avoiding severe illness, hospitalization, and death. Substantial efforts are being made to increase vaccination rates across the globe. The availability of COVID–19 vaccines is rising, and over 6 billion doses have been administered globally. As of October 24, 2021, 29 countries have a COVID–19 vaccination rate higher than 70 percent, many countries are making efforts to encourage COVID–19 vaccination for their populations, and some countries are considering or adding proof of vaccination requirements as conditions for entry. Many low-income countries continue to have limited vaccine availability, but the United States is leading a global effort to donate hundreds of millions of vaccine doses where they are needed the most. In light of these facts and circumstances, I have determined that it is in the interests of the United States to move away from the country-by-country restrictions previously applied during the COVID–19 pandemic and to adopt an air travel policy that relies primarily on vaccination to advance the safe resumption of international air travel to the United States. This proclamation governs the entry into the United States of noncitizen nonimmigrants—that is, noncitizens who are visiting the United States or otherwise being admitted temporarily—traveling to the United States by air. It suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, and it ensures that the entry of unvaccinated noncitizen nonimmigrants is consistent with applicable health and safety determinations made by the Director of the CDC, including a requirement that, where appropriate, such individuals agree and arrange to become fully vaccinated against COVID–19 upon their arrival. My Administration has also taken action, apart from this proclamation, to ensure that noncitizen immigrants are vaccinated prior to air travel to the United States. Together, these policies aim to limit the risk that COVID–19, including variants of the virus that causes COVID–19, is introduced, transmitted, and spread into and throughout the United States, potentially overwhelming United States healthcare and public health resources, endangering the health and safety of the American people, and threatening the security of our civil aviation system. Given the resumption of air 135 STAT. 2810 travel as worldwide restrictions due to the COVID–19 pandemic begin to ease, these policies will, consistent with the measures required by Executive Order 13998 of January 21, 2021 (Promoting COVID–19 Safety in Domestic and International Travel), advance the safety and security of the air traveling public, the government personnel responsible for ensuring the security of air travel, and the millions of individuals employed by the United States air travel industry, as well as their families and communities, while also allowing the domestic and global economy to continue its recovery from the effects of the COVID–19 pandemic. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 1182(f) and 1185(a) of title 8, United States Code, and section 301 of title 3, United States Code, hereby find that it is in the interests of the United States to advance the resumption of international travel to the United States, provided necessary health and safety protocols are in place to protect against the further introduction, transmission, and spread of COVID–19 into and throughout the United States. I further find that vaccination requirements are essential to advance the safe resumption of international travel to the United States and that the unrestricted entry of persons described in section 2 of this proclamation would, except as provided for in section 3(a) of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: **Section 1**. *Revocation of Country-Specific Suspensions and Limitations on Entry.* Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk), Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), Proclamation 10143 of January 25, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019), and Proclamation 10199 of April 30, 2021 (Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019), are revoked. **Sec. 2**. *Global Suspension and Limitation on Entry of Certain Individuals Who Are Not Fully Vaccinated Against COVID–19.*
(a)The entry into the United States by air travel of noncitizens who are nonimmigrants and who are not fully vaccinated against COVID–19 is suspended and limited, except as provided in section 3 of this proclamation. This suspension and limitation on entry applies only to air travelers to the United States and does not affect visa issuance.
(b)Any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID–19, and who, notwithstanding section 2(a) of this proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation must agree to comply with applicable public health precautions established by the Director of the CDC to protect against the public health risk posed by travelers entering into the United States. Such precautions may be related to vaccination, testing, mask-wearing, self-quarantine, and self-isolation, 135 STAT. 2811 as determined by the Director of the CDC, and may include requirements that individuals:
(i)provide proof of pre-departure testing for COVID–19, as determined by the Director of the CDC;
(ii)take precautions during air travel to protect against the further introduction, transmission, and spread of COVID–19, including by wearing a face mask, as determined by the Director of the CDC;
(iii)provide proof of having arranged for post-arrival testing for COVID–19, as determined by the Director of the CDC; and
(iv)provide proof of having arranged to self-quarantine or self-isolate after arriving in the United States, as determined by the Director of the CDC.
(c)Any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID–19, and who, notwithstanding section 2(a) of this proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation must agree to become fully vaccinated against COVID–19 within 60 days of arriving in the United States, within some other timeframe as determined by the Director of the CDC, or as soon as medically appropriate as determined by the Director of the CDC, and must provide proof of having arranged to become fully vaccinated against COVID–19 after arriving in the United States, unless:
(i)the noncitizen’s intended stay is sufficiently brief, as determined by the Director of the CDC;
(ii)the noncitizen is one for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC;
(iii)the noncitizen has participated or is participating in certain clinical trials for COVID–19 vaccination, as determined by the Director of the CDC;
(iv)COVID–19 vaccination is medically contraindicated for the noncitizen, as determined by the Director of the CDC;
(v)the noncitizen is described in section 3(b)(i) or 3(b)(ii) of this proclamation and has previously received a COVID–19 vaccine that is authorized or approved by the noncitizen’s country of nationality, as determined by the Director of the CDC, in consultation with the Secretary of State; or
(vi)the Director of the CDC otherwise determines that COVID–19 vaccination is not warranted for the noncitizen. **Sec. 3**. *Scope of Suspension and Limitation on Entry.*
(a)The suspension and limitations on entry in section 2 of this proclamation shall not apply to any noncitizen seeking entry as a crew member of an airline or other aircraft operator if such crew member or operator adheres to all industry standard protocols for the prevention of COVID–19, as set forth in relevant guidance for crew member health issued by the CDC or by the Federal Aviation Administration in coordination with the CDC.
(b)The suspension and limitations on entry in section 2(a) of this proclamation shall not apply to:135 STAT. 2812
(i)any noncitizen seeking entry into or transiting the United States pursuant to one of the following nonimmigrant visa classifications: A–1, A–2, C–2, C–3 (as a foreign government official or immediate family member of an official), E–1 (as an employee of TECRO or TECO or the employee’s immediate family members), G–1, G–2, G–3, G–4, NATO–1 through NATO–4, or NATO–6 (or seeking to enter as a nonimmigrant in one of those NATO classifications);
(ii)any noncitizen whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who is traveling pursuant to United States legal obligation (as evidenced by a letter of invitation from the United Nations or other documentation showing the purpose of such travel);
(iii)any noncitizen for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC, taking into account global vaccine availability for individuals in that age group;
(iv)any noncitizen who has participated or is participating in certain clinical trials for COVID–19 vaccination, as determined by the Director of the CDC;
(v)any noncitizen for whom accepted COVID–19 vaccination is medically contraindicated, as determined by the Director of the CDC;
(vi)any noncitizen who has been granted an exception by the Director of the CDC for humanitarian or emergency reasons, as determined by the Director of the CDC;
(vii)any noncitizen who is a citizen of a foreign country where the availability of COVID–19 vaccination is limited, as identified pursuant to section 4(a)(v) of this proclamation, and who seeks to enter the United States pursuant to a nonimmigrant visa, except for a B–1 or B–2 visa;
(viii)any noncitizen who is a member of the United States Armed Forces or who is a spouse or child of a member of the United States Armed Forces;
(ix)any noncitizen seeking entry as a sea crew member traveling pursuant to a C–1 and D nonimmigrant visa, if such crew member adheres to all industry standard protocols for the prevention of COVID–19, as set forth in relevant guidance for crew member health by the CDC; or
(x)any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Homeland Security, or their designees. **Sec. 4**. *Implementation and Enforcement.*
(a)The Secretary of Health and Human Services, through the Director of the CDC, shall implement this proclamation as it applies to the public health through such procedures as may be established, and consistent with the CDC’s independent public health judgment, including by:
(i)defining and specifying accepted COVID–19 vaccines or combinations of accepted COVID–19 vaccines, and medical contraindications to accepted COVID–19 vaccines or combinations of accepted COVID–19 vaccines, for purposes of this proclamation;135 STAT. 2813
(ii)defining whether an individual is fully vaccinated against COVID–19, and specifying acceptable methods of proving that an individual is fully vaccinated against COVID–19, for purposes of this proclamation;
(iii)specifying acceptable methods of proving that an individual has arranged to comply with applicable public health requirements and protocols to protect against the further introduction, transmission, and spread of COVID–19 into and throughout the United States, including pre-departure testing, post-arrival testing, post-arrival self-quarantine or self-isolation, and post-arrival vaccination against COVID–19, for purposes of this proclamation;
(iv)determining whether certain persons qualify as participants in certain clinical trials for COVID–19 vaccination, for purposes of this proclamation;
(v)maintaining a list of countries where the availability of COVID–19 vaccination is limited, with such countries defined as those where less than 10 percent of the country’s total population has been fully vaccinated with any available COVID–19 vaccine or are otherwise determined by the Director of the CDC to qualify as countries where the availability of COVID–19 vaccination is limited; and
(vi)establishing other public health measures consistent with this proclamation to protect against the further introduction, transmission, and spread of COVID–19 into and throughout the United States by persons described in section 2 of this proclamation.
(b)The Secretary of Transportation and the Secretary of Homeland Security shall take steps to ensure that airlines do not permit noncitizens barred from entry pursuant to this proclamation to board an aircraft traveling to the United States, to the extent permitted by law.
(c)Executive departments and agencies shall implement this proclamation, as appropriate and consistent with applicable law, in accordance with such procedures as they may establish.
(d)The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamations 9984, 9992, 10143, and 10199 and, as appropriate, shall consider revising or revoking these agency actions consistent with the policy set forth in this proclamation.
(e)Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.
(f)Nothing in this proclamation shall be construed to limit the CDC’s authority to impose public health requirements and protocols, including on individuals who are fully vaccinated against COVID–19, individuals covered by this proclamation, or individuals not covered by this proclamation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas. **Sec. 5**. *Termination.* This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services 135 STAT. 2814 shall, as circumstances warrant and no more than 60 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. **Sec. 6**. *Effective Date.* This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on November 8, 2021. **Sec. 7**. *Severability.* It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly, if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby. **Sec. 8**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10295 October 29, 2021Critical Infrastructure Security and Resilience Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10295 of October 29, 2021** Critical Infrastructure Security and Resilience Month, 2021 By the President of the United States of America A Proclamation For generations, American infrastructure—from the Erie Canal and the Transcontinental Railroad to the Hoover Dam—has been a cornerstone of our economic power, providing jobs, facilitating transportation, bolstering security, and overcoming barriers posed by distance and geography. During Critical Infrastructure Security and Resilience Month, we renew our commitment to securing and enhancing the resilience of our Nation’s critical infrastructure.135 STAT. 2815 Threats to the critical infrastructure that we all depend on, which underpins our economic and national security, are among the most significant and growing concerns for our Nation, including cyber threats, physical threats, and climate threats. Our country has seen how the technologies we rely on can be targeted by criminal activity and how extreme weather exposes the weaknesses in our power, water, communication, and transportation networks. We must do everything we can to safeguard and strengthen the systems that protect us; provide energy to power our homes, schools, hospitals, businesses, and vehicles; maintain our ability to connect; and ensure that we have reliable access to safe drinking water. While our Nation has been resilient as we have navigated this pandemic, we must continue investing in our workforce to keep pace with the threats we face and ensure we are building back better. I am committed to protecting our critical infrastructure and improving security and resilience efforts across the Nation. Most of our Nation’s critical infrastructure—from communication lines to transportation networks—depends on coordination and cooperation among Federal, State, Tribal, and local governments, along with industry partners. That is why, earlier this year, my Administration launched an Industrial Control Systems Cybersecurity Initiative to strengthen the security of our country’s critical infrastructure, which has already created 100-day action plans for the electricity and natural gas pipeline sectors, with more to come, and we institutionalized that Initiative with a National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems. The voluntary initiative is a collaborative effort between the Federal Government and our private sector partners to significantly improve the cybersecurity of our critical systems by providing technologies that detect threats and can respond in essential control system and operational technology networks. The Department of Homeland Security and the National Institute of Standards and Technology are also partnering with the private sector to develop ‘performance goals’;—cybersecurity baselines that will improve our Nation’s security if critical infrastructure sectors adopt them. Finally, critical infrastructure resilience greatly benefits from close partnerships at home and abroad, and this October, my Administration launched a Counter Ransomware Initiative with more than 30 partners and allies. At home, my Administration is committed to making a once-in-a-generation investment to prioritize secure, sustainable, and resilient infrastructure. Streamlining access to Federal programs and grants to help States and local government build capacity helps ensure we are modernizing our infrastructure to be more climate-resilient and building a clean energy future that will create millions of jobs. The Bipartisan Infrastructure Deal includes $550 billion for our Nation’s roads and bridges, water infrastructure, internet, and more. Our agenda also contains the largest Federal investment in power transmission in our Nation’s history, ensuring a more reliable grid that has the capability to carry more renewable energy. These investments will strengthen our Nation and bolster our ability to lead, and they will help mitigate socio-economic disparities, advance racial equity, facilitate equitable recovery, and promote affordable access to opportunities for every American. Protecting our critical transportation infrastructure—including our bridges and roads—takes all of us working together.135 STAT. 2816 A key dimension of the Nation’s resilience is safeguarding our democracy, which requires securing our election infrastructure. We have made tremendous progress working with State and local election officials over the past several years, but there is more to be done. We are particularly focused on improving the physical security of election officials as they face increasing threats of violence, securing election systems from cyber attacks, and confronting one of the most significant threats we see today: disinformation campaigns designed to undermine confidence in our elections, and ultimately, confidence in our democracy and our democratic institutions. The threats against our critical infrastructure are increasingly complex and nuanced, and we all must be prepared to better protect ourselves from malicious actors threatening our cyber and physical security. That means staying vigilant, investing in new security measures, being prepared to respond to threats, and collaborating more with our partners. During Critical Infrastructure Security and Resilience Month, we reaffirm our commitment to protecting our infrastructure today and securing it for tomorrow. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as Critical Infrastructure Security and Resilience Month. I call upon the people of the United States to recognize the importance of protecting our Nation’s infrastructure and to observe this month with appropriate measures to enhance our national security and resilience. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10296 October 29, 2021National Adoption Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10296 of October 29, 2021** National Adoption Month, 2021 By the President of the United States of America A Proclamation Every child deserves to grow up with a safe and loving family, with the care and support of their community. During National Adoption Month, we celebrate all of the children and families nurtured, enriched, and made whole by adoption and recommit ourselves to ensuring that every child in America can grow up in a loving and supportive home. The COVID–19 pandemic has made it especially challenging for children in the foster care system. For thousands of young people in foster care, navigating the challenges of growing up can be especially difficult without stable family connections. Because of the added difficulties imposed by the pandemic, my Administration has implemented the substantial investments made through the Supporting Foster Youth and Families Through the Pandemic Act to help older adolescents transitioning from the foster care system maintain housing, stay in 135 STAT. 2817 school, pay the bills, and lay a strong foundation for adulthood. My Administration encourages States to continue using these available funds to support older foster youth in every way they can. During this month, we also acknowledge the history of injustices and racial bias in our Nation’s child welfare system. To this day, Black and Native American children are more likely to be removed from their homes, more likely to stay in care longer, and less likely to be adopted than white children. To ensure the equal dignity and care of all our children, we must improve our efforts to keep families together, prevent the trauma of unnecessary child removal, and recruit and support new adoptive families—especially kinship caregivers. Finally, we must further support families who have already taken youth into their homes and invest the time and energy needed to ensure that all children—including LGBTQ+ youth whose needs are not always met in the foster care system—can find the happiness and well-being that every child and young person deserves. This National Adoption Month, we celebrate the families who have been forged through adoption, including from foster care. We extend our gratitude to the dedicated professionals who work tirelessly to support adoptive families through compassion and hard work and to the foster families who love, care, and provide for our Nation’s foster youth. Most importantly, we acknowledge the strength and resiliency of the children and youth who are still waiting to find their forever homes. NOW, THEREFORE I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National Adoption Month. I encourage all Americans to observe this month by helping children and youth in need of a permanent home secure a more promising future with a forever family and enter adulthood with the love and connections that are so important to their growth. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10297 October 29, 2021National Alzheimer’s Disease Awareness Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10297 of October 29, 2021** National Alzheimer’s Disease Awareness Month, 2021 By the President of the United States of America A Proclamation For more than 6 million Americans and the family members and friends who love them, Alzheimer’s disease can be devastating. This common form of dementia is a cruel and fatal condition that erodes the ability to think, to recall precious memories, and to live independently. During National Alzheimer’s Disease Awareness Month, we stand with all those families confronting this challenging disease and recommit ourselves to improving treatment and finding a cure. 135 STAT. 2818 A leading cause of death in seniors, Alzheimer’s exacts a heartbreaking human toll on our Nation—as well as a deep economic toll, with the cost of treatment exceeding $300 billion in 2020 alone. But recent advances in biomedical science offer hope for better days ahead. As the scientific community continues to make strides toward a better understanding of Alzheimer’s—and, ultimately, a cure—it is critical that we do all we can to expedite progress and alleviate the suffering caused by this disease. To that end, I have asked the Congress to fund a new program called the Advanced Research Projects Agency for Health (ARPA–H). Modeled on the Defense Advanced Research Project Agency, a Government program that led to the creation of the Internet, GPS, and countless other vital technologies, ARPA–H would accelerate our research on detecting, treating, and curing diseases like Alzheimer’s. My Administration is also building on the progress of the Obama-Biden Administration’s National Plan to address Alzheimer’s, which set our Nation on an aggressive course to improve research, provide optimal medical care, and enhance long-term services to meet the needs of families in the United States currently living with this terrible disease. As we pursue this effort, my Administration is also committed to ensuring that people who are disproportionately affected by Alzheimer’s and related dementias—especially older Black and Brown Americans, who are 2 to 3 times more likely to be affected—are seen, heard, and included in the quest to treat and prevent these conditions. As we mark National Alzheimer’s Disease Awareness Month, we also honor those who care and provide for the victims of this devastating disease. The work of our Nation’s caregivers can be physically demanding and emotionally exhausting—especially during the COVID–19 pandemic, when caregivers have made substantial sacrifices to protect their loved ones suffering from Alzheimer’s. Caregivers deserve our respect as well as our support, which is why the American Rescue Plan invested $145 million to help caregivers provide for their loved ones—a foundation that my Administration’s Build Back Better agenda will build upon. I believe that our Nation stands at an unprecedented moment of scientific promise—it is critical that we keep up the fight against Alzheimer’s until a cure is found and continue to care for all those affected by this condition in the meantime. For resources and information on living with or caring for someone with Alzheimer’s disease, please visit www.Alzheimers.gov. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National Alzheimer’s Disease Awareness Month. I call upon the people of the United States of America to learn more about Alzheimer’s and to offer their support to the individuals living with this disease and to their caregivers. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10298 October 29, 2021National College Application Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10298 of October 29, 2021** National College Application Month, 2021 By the President of the United States of America A Proclamation When America made 12 years of public education universal more than a century ago, it gave us the best-educated, best-prepared workforce in the world—which in turn was a major part of why we were able to lead the world in the 20th century. Today, however, we know that 12 years is no longer enough to compete. American students deserve every opportunity to gain the skills they need to carve out a place for themselves in tomorrow’s economy. But according to a recent study, the United States now ranks 33rd out of 44 advanced economies when it comes to the share of our young people who have attained a degree beyond high school. If we are going to set the pace around the globe once more—on research and development, innovation and discovery, equity and opportunity, and creating good-paying jobs with dignity—it is imperative that we put an affordable, high-quality education after high school within reach of every American student. During College Application Month, we celebrate the possibilities that postsecondary education provides and encourage Americans to apply to colleges and universities as we work to ensure that every student has a chance to reach their full potential and strengthen our Nation’s future. My Administration is working hard to ensure that higher education is equitable, accessible, and affordable for every student in every community. That is why my Administration Build Back Better framework includes major investments in community colleges, as well as our essential network of Historically Black Colleges and Universities (HBCUs), Tribal Colleges and Universities (TCUs), and other Minority Serving Institutions (MSIs). In addition, my plan would increase the Federal Pell Grant award, a key resource to help students from lower-income families afford college—including costs beyond tuition. Each of these investments will help America’s young people, including Dreamers, earn a better shot at the good-paying jobs of tomorrow. My Administration is also working to modernize the Free Application for Federal Student Aid form. Finally, we are taking steps to ensure that academic institutions do a better job of providing students with clear and transparent information on how much they can expect to pay for college and their options to afford those costs. However, as important to our Nation’s future as accessing college is, college completion is just as critical. Far too many students enter college only to have to drop out before graduation, and we are seeing firsthand how the pandemic has exacerbated the challenges students face as they seek to complete their studies. COVID–19 has significantly increased economic insecurity for families across the country, particularly for people of color, the LGBTQ+ community, and those in low-income communities, resulting in new, unequal barriers to college enrollment and completion. My Administration stands ready to support our Nation’s colleges in welcoming back every student who had to put their education goals on hold due to the pandemic. 135 STAT. 2820 My Administration has also called for bold investments in completion and retention at colleges and universities that serve high numbers of low-income students—including community colleges—so that all Americans have the opportunity to obtain an education beyond high school. These investments would help cover proven solutions for student success, including providing wraparound services such as child- and elder-care, mental health services, accessibility resources, and emergency basic needs grants, in order to help more Americans enter and graduate college. Additionally, my Administration is working hard to provide institutions with funding and flexibility to meet students’ needs. Earlier this year, we launched an outreach campaign to millions of Federal Pell Grant recipients who are now eligible for a monthly discount on broadband internet service under a temporary program administered by the Federal Communications Commission. We have also partnered with other agencies across the Federal Government to notify institutions and their students about expanded access to the Supplemental Nutrition Assistance Program, health care benefits, tax cuts for those raising children, and financial aid and postsecondary education opportunities for students and families facing unemployment. This month, we celebrate the hard work and promise of students across the country and recommit ourselves to building back better by ensuring that everyone in America can pursue and complete a high-quality, affordable higher education. We thank the parents and loved ones, teachers, professors, administrators, financial aid professionals, college access organizations, mentors and counselors who help our students throughout the college application process and beyond. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National College Application Month. I call upon public officials, educators, parents, students, and all Americans to observe this month with appropriate programs, ceremonies, and activities designed to encourage students to make plans about, apply for, and graduate from college. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10299 October 29, 2021National Diabetes Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10299 of October 29, 2021** National Diabetes Month, 2021 By the President of the United States of America A Proclamation Over the last 20 years, our Nation has seen a significant rise in the number of adults diagnosed with diabetes—a chronic condition that can lead to heart disease, kidney disease, vision loss, and other serious health problems. Today, more than 34 million American adults are liv135 STAT. 2821 ing with diabetes, and an estimated 88 million more may be at risk of developing the disease. During National Diabetes Month, we draw awareness to all forms of this dangerous condition—including Type 1, Type 2, and gestational diabetes and prediabetes—and recommit ourselves to finding a cure. Over the last year and a half, people living with diabetes have faced heightened risks to their health, as their illness makes them more vulnerable to the worst effects of COVID–19. This has been especially true for far too many Black, Brown, and Indigenous Americans, who face a disproportionate risk of being diagnosed with diabetes and who have shouldered the burden of the pandemic at disproportionate rates. More young Americans are also living with Type 2 diabetes than ever before, putting them at risk of developing serious health problems later in life. Americans who are diagnosed have faced the added challenge of unacceptably high insulin prices—putting their health and the financial well-being of their family at risk. My Administration is committed to finding a cure for diabetes. To that end, I have asked the Congress to fund a new agency called the Advanced Research Projects Agency for Health (ARPA–H). Modeled on the Defense Advanced Research Project Agency, a Government program that led to the creation of the Internet, GPS, and countless other vital technologies—ARPA–H would accelerate our research on detecting, treating, and curing diseases like diabetes and Alzheimer’s. In addition to this effort, my Administration has provided funding through the American Rescue Plan to address diabetes and other chronic diseases by shoring up our public health infrastructure and combatting hunger and food insecurity. To lower the costs faced by more than 7 million Americans who require insulin to treat their diabetes, I have called on the Congress to give Medicare the power to negotiate prescription drug prices, especially for companies that do not face competition. As we work together to fight diabetes, my Administration will continue to build on the Affordable Care Act
(ACA)and strengthen the coverage it provides for nearly 2 million American adults with diabetes. The ACA continues to connect people with services and health care providers who can ensure appropriate testing, prevention, and treatment of diabetes and the many conditions it can spawn. Millions of families enrolled in private insurance, Medicare, and Medicaid are benefiting from the ACA’s critical provisions, which help Americans with diabetes live better, longer lives as we continue searching for a cure. While we continue to seek that cure, my Administration is also working to improve our awareness and prevention of Type 2 diabetes. Thanks in part to the Diabetes Prevention Program at the National Institutes of Health, we know that lifestyle changes—including increased physical activity and healthy eating—can prevent or delay Type 2 diabetes for people at high risk. Eligible Americans can also take part in the National Diabetes Prevention Program, a lifestyle change program led by the Centers for Disease Control and Prevention
(CDC)at sites around the country. Because so many cases of diabetes go undiagnosed, the CDC offers an online risk test so that everyone can learn about their risk factors for the disease. This year marks the 100th anniversary of the discovery of insulin, a crucial hormone that has saved millions of lives. As we continue our 135 STAT. 2822 work to lower health care costs, expand coverage, and find a cure for diabetes, we commemorate this important discovery and recommit ourselves to improving treatment for all types of diabetes. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim the month of November 2021 as National Diabetes Month. I call upon all Americans, school systems, government agencies, nonprofit organizations, health care providers, research institutions, and other interested groups to join in activities that raise diabetes awareness and help prevent, treat, and manage the disease. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10300 October 29, 2021National Entrepreneurship Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10300 of October 29, 2021** National Entrepreneurship Month, 2021 By the President of the United States of America A Proclamation Every day, American entrepreneurs combine passion, resilience, and ingenuity to solve hard problems and create products and businesses that improve our lives. American entrepreneurs create and scale new technologies, products, and services. They build businesses and, in some cases, entire industries. Their work helps grow our economy, creates good jobs, and increases our prosperity. Entrepreneurs have repeatedly risen to meet our Nation’s and our world’s complex challenges, and during National Entrepreneurship Month, we celebrate our Nation’s entrepreneurs—both past and present—who exemplify the American spirit and recognize their important contributions to our people, our economy, and the world. The COVID–19 pandemic has posed historic challenges to our country and our Nation’s entrepreneurs. Many businesses closed, and main streets became quiet. Despite these setbacks, American entrepreneurs showed incredible fortitude, finding innovative and effective ways to adapt their businesses as we fight a once-in-a-century crisis. To help our Nation’s businesses and entrepreneurs recover during the pandemic, my Administration ensured that nearly $300 billion in forgivable Paycheck Protection Program loans went to our smallest businesses, with more than 95 percent going to businesses with less than 20 employees, and provided over $28 billion in support to over 100,000 businesses through the Restaurant Revitalization Fund. In the midst of the economic disruption caused by the pandemic, Americans started more than 4 million businesses last year, a 24 percent increase from the year before—the highest number of monthly business applications on record—and start-up rates growing the most among immigrants and Black, Latino, and Asian, Native Hawaiian, and Pacific Islander Americans. This is important for our future success, as small 135 STAT. 2823 businesses are the engines of our economic progress—and the heart and soul of our communities. My Administration is committed to supporting all of our Nation’s entrepreneurs to ensure that they can continue to play a key role in strengthening our economy and our society for years to come. My Administration’s Build Back Better framework will deliver on the crucial infrastructure investments that form the foundation for success for entrepreneurs across the country. From investing in universal, affordable broadband to making the largest-ever Federal investments in public transit, passenger rail, and bridges, we will reinvigorate communities and their local economies. My Administration’s framework will also provide much needed support for our entrepreneurs, including new loan and venture capital programs targeting the smallest businesses, small manufacturers, clean energy start-ups, and others, as well as investing in childcare, health care, and workforce development. We will also provide more support to businesses seeking to participate in the hundreds of billions of dollars that the Federal Government spends each year in procuring goods and services and investing in research and development. My Administration will fully implement the $10 billion State Small Business Credit Initiative, which will allow States to set up new small business loan and venture capital programs, established by the American Rescue Plan. Collaboration among entrepreneurs, innovators, and the public sector has led to some of the most important technologies and industries in the world, including cellular communication, energy storage, agricultural technology, and advanced manufacturing. My Administration is proud to support entrepreneurs and innovators throughout this country—from the hardworking women and men who start a business to meet the needs of their communities to the visionaries who strive to change the world. Together, we are partners in solving challenges big and small, global and local—and will work to increase American competitiveness around the world and meet the challenges of the 21st century. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National Entrepreneurship Month. I call upon all Americans to commemorate this month with appropriate programs and activities and to celebrate November 16, 2021, as National Entrepreneurs’ Day. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10301 October 29, 2021National Family Caregivers Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10301 of October 29, 2021** National Family Caregivers Month, 2021 By the President of the United States of America A Proclamation Every day, millions of Americans provide essential care and medical assistance to their loved ones. These acts of love, commitment, and compassion enable their family members to receive the support they need to live a life with dignity. This has been especially true throughout the COVID–19 pandemic, during which Americans of all ages have made substantial sacrifices to keep family members safe and healthy. During National Family Caregivers Month, we recognize the important role of our Nation’s family caregivers and thank them for the invaluable and instrumental care they provide. While the opportunity to provide care to a loved one can be a blessing and a source of connection, it often requires sacrifice. Millions of Americans have sacrificed jobs and altered careers in order to perform caregiving duties. Workers, their families, and our economy suffer when workers are forced to choose between their jobs and their caregiving responsibilities or between putting food on the table and caring for a relative. Too many Americans who need caregiving support struggle with the high costs of caring for a family member in need, or providing long-term care for people with disabilities or older adults. My Administration is committed to strengthening American families and easing the burdens of caregiving. That is why my American Rescue Plan provided an additional $145 million in funding for the National Family Caregiver Support Program, which continues to help State and community organizations support family and informal caregivers through in-home programs including counseling, respite care, and training. The American Rescue Plan also provided States with additional Medicaid funding to strengthen and enhance their home- and community-based services
(HCBS)program. My Administration’s Build Back Better agenda will build on this down payment by continuing to invest in the caregiving infrastructure for HCBS and increasing pay and benefits to address the direct care workforce crisis. I will also fight to expand paid family and medical leave nationwide. Each of these elements is critical to better supporting family caregivers. We want to see our Nation’s paid caregivers, including the majority of home health care workers and over 90 percent of child care workers who are women—disproportionately women of color—have jobs that provide dignity, safety, and decent pay. Earlier this year, the RAISE (Recognize, Assist, Include, Support, and Engage) Family Caregiving Advisory Council, with support from the Department of Health and Human Services, delivered an initial report on how the Federal, State, Tribal, and local governments can work with our partners in the private sector to better support our Nation’s family caregivers, and we will continue working to provide that support. As my own family members have been caregivers, I understand the struggles family caregivers face and the importance of the care they provide. This month, as we continue our fight to expand access to caregiving, we recognize our caregivers who wake up every single day 135 STAT. 2825 to do this physically and emotionally demanding yet vitally important work. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National Family Caregivers Month. I encourage all Americans to reach out to those who provide care for their family members, friends, and neighbors in need, to honor and to thank them. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10302 October 29, 2021National Native American Heritage Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10302 of October 29, 2021** National Native American Heritage Month, 2021 By the President of the United States of America A Proclamation The United States of America was founded on an idea: that all of us are created equal and deserve equal treatment, equal dignity, and equal opportunity throughout our lives. Throughout our history—though we have always strived to live up to that idea and have never walked away from it—the fact remains that we have fallen short many times. Far too often in our founding era and in the centuries since, the promise of our Nation has been denied to Native Americans who have lived on this land since time immemorial. Despite a painful history marked by unjust Federal policies of assimilation and termination, American Indian and Alaska Native peoples have persevered. During National Native American Heritage Month, we celebrate the countless contributions of Native peoples past and present, honor the influence they have had on the advancement of our Nation, and recommit ourselves to upholding trust and treaty responsibilities, strengthening Tribal sovereignty, and advancing Tribal self-determination. The COVID–19 pandemic has highlighted and exacerbated preexisting inequities facing Tribal Nations. Early in the pandemic, reported cases in the Native American community were over 3 times the rate of white Americans; in some States, Native American lives were lost at a rate 5 times their population share. Even as they shouldered a disproportionate burden throughout the pandemic, Tribal Nations have been paragons of resilience, determination, and patriotism—implementing key mitigation strategies like testing and prioritizing the vaccination of Tribal communities at high rates in order to save lives. Through it all, Tribal Nations have effectively utilized the tools of Tribal self-governance to protect and lead their communities, setting a standard for all of our communities to follow. Our Nation cannot live up to the promise of our founding as long as inequities affecting Native Americans persist. My Administration is 135 STAT. 2826 committed to advancing equity and opportunity for all American Indians and Alaska Natives and to helping Tribal Nations overcome the challenges that they have faced from the pandemic, climate change, and a lack of sufficient infrastructure in a way that reflects their unique political relationship. As a starting point, the American Rescue Plan represented the most significant funding legislation for Indian Country in the history of our Nation—the largest single Federal investment in Native communities ever, with $20 billion in direct funding to help Tribal governments combat and emerge from the COVID–19 crisis. Through the Bipartisan Infrastructure Deal and my Build Back Better framework, my Administration is pushing for strong Tribal participation to help build our Nation’s clean energy future, deploy clean water and high-speed internet to every home, and invest in Native American families, businesses, jobs, and communities. In my first week in office, I also signed a Presidential Memorandum committing my Administration to the fulfillment of our Federal trust and treaty responsibilities, to respect Tribal self-governance, and to conduct regular, meaningful, and robust consultations with Tribal Nations on a broad range of policy issues. Together, we are implementing a whole-of-government approach to empower Tribal Nations in their efforts to achieve political and economic self-sufficiency, advance climate resiliency, and protect their territorial sovereignty. To further elevate the voices of Native Americans in my Administration, I restarted the White House Council on Native American Affairs earlier this year. It was among the proudest honors of my life to appoint one of our country’s most remarkable leaders, Deb Haaland of the Pueblo of Laguna, to serve as United States Secretary of the Interior—the first Native American in the history of our Nation to serve in the Cabinet. During National Native American Heritage Month, we also honor our Native Americans veterans and service members who have courageously served and continue to serve in our Armed Forces—including the brave Native American Code Talkers in World War I and World War II. For over 200 years, Native Americans have defended our country during every major conflict and continue to serve at a higher rate than any other ethnic group in the Nation. Because of their selflessness, every generation of Americans receives the precious gift of liberty—and we owe each of them and their families a debt of gratitude for their sacrifice and dedication. Native American roots are deeply embedded in this land—a homeland loved, nurtured, strengthened, and fought for with honor and conviction. This month and every month, we honor the precious, strong, and enduring cultures and contributions of all Native Americans and recommit ourselves to fulfilling the full promise of our Nation together. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National Native American Heritage Month. I urge all Americans, as well as their elected representatives at the Federal, State, and local levels, to observe this month with appropriate programs, ceremonies, and activities, and to celebrate November 26, 2021, as Native American Heritage Day.135 STAT. 2827 IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10303 October 29, 2021National Veterans and Military Families Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10303 of October 29, 2021** National Veterans and Military Families Month, 2021 By the President of the United States of America A Proclamation America has the greatest Armed Forces in the history of the world. To those who serve and those that serve alongside them—their families and caregivers—we owe a debt we can never fully repay. During National Veterans and Military Families Month, we recognize and thank them for their indispensable contributions and immeasurable sacrifices in support of our national security. As we approach this season of thanksgiving, we send our gratitude to millions of service members, veterans, military families, caregivers, and survivors who have served and continue to serve our Nation. I have said many times, and it comes from my heart—we as a Nation have a sacred obligation to properly equip and prepare our troops when we send them in to harm’s way and to support them and their families, both while they are deployed and when they return home. The First Lady and I know that it is not only the person who wears the uniform serving our country but also their families who make enormous sacrifices for our Nation. As the poet John Milton wrote, “They also serve who only stand and wait.” We understand the feelings of pride, uncertainty, and fear when a loved one is deployed. Every morning, you wake up and say that extra prayer for them. Our veteran and military families do so much and ask for little. They are strong and adaptable, changing course to accommodate the needs of our country, often foregoing personal wishes. They are capable and proud, holding down the home front during their loved one’s deployments, coping through their absence and the risk of danger, and helping them readjust when they come home. These families and their Soldiers, Sailors, Airmen, Marines, Guardians, and Coast Guardsmen, are simply the best America has to offer. When they do not have what they need to thrive, it is not only individuals who suffer. If service members are worried that their spouse is struggling to keep food on the table or that their child is having a hard time at school, it is harder to focus on their mission. That is why supporting military families is a national security imperative. Since the earliest days of my Administration, we have been committed to a whole-of-government approach to responding to the real-time needs of our military and veteran families. Through Joining Forces, the White House initiative to support veteran and military families, caregivers, and survivors, my Administration is addressing military spouse employment and entrepreneurship, military child education, and family health and well-being. The First Lady has met with our Nation’s 135 STAT. 2828 military and veteran families, caregivers, survivors, and advocates to learn how we can better support and prioritize their needs. Those discussions help inform the efforts across the Government to share data, create innovative solutions, and implement evidence-based programs and policies. In September, Joining Forces and the National Security Council released a report outlining the first round of Administration-wide commitments and proposals for supporting military and veteran families, caregivers, and survivors. We are committed to continuing these efforts because we must, and we will, honor our sacred obligation to support our military and veteran families and ensure they receive the resources they need to thrive. Throughout November, we show our appreciation to the spouses, partners, children, caregivers, and survivors of our service members and veterans for their selfless sacrifice on behalf of the Nation. We honor them and their invaluable contributions; we share their pride in our Armed Forces; and we will never forget what they and their loved ones do for us. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 2021 as National Veterans and Military Families Month. I call upon the people of the United States to honor veterans and military families with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of October, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10304 November 8, 2021World Freedom Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10304 of November 8, 2021** World Freedom Day, 2021 By the President of the United States of America A Proclamation For nearly 3 decades, the Berlin Wall stood as a physical symbol of the Cold War, dividing democratic West Berlin from communist East Berlin. Today, we remember the East Germans who escaped and those who died attempting to attain a life of freedom. We recognize the irrepressible human spirit that no wall could contain, which fueled the civil resistance, sacrifice, and courageous defiance of people across Central and Eastern Europe. We recall the euphoria and the hope of the East and West Berliners who gathered at the wall on November 9, 1989, chanting “Tor auf!”—“Open the gate!” It was the aspirations for freedom of the people of Central and Eastern Europe that ultimately brought down the Berlin Wall and overcame the Soviet Union’s attempts to keep Europe divided by force. On World Freedom Day, we commemorate this historic event and honor all those who peacefully rose up and claimed their freedom and all those who continue their legacy by peacefully working to end tyranny and oppression in our world today.135 STAT. 2829 Since the Berlin Wall was torn down in 1989, we have seen great progress to advance human rights and fundamental freedoms as well as to build and consolidate democratic institutions across the formerly communist countries of Central and Eastern Europe and around the world. However, democracy is still fragile, and in too many places it remains under threat. Authoritarians elevate their own power over the rights of their citizens, and around the world we see aspiring autocrats trample the rule of law, attack freedom of the press, and undermine an independent judiciary. In the face of resurgent authoritarianism and attacks on human rights around the globe, the United States is working to support democratic renewal and resilience at home and abroad. It remains as important as ever to counter the range of threats to democracy—and, ultimately, peace and stability—including transnational repression, corruption, cyberattacks, disinformation, digital authoritarianism, inequality and injustice, voter suppression, and economic coercion. World Freedom Day also reminds us of the hopeful future people still seek for themselves around the world. In recent years, brave women and youths in Sudan have withstood violence and oppression to push a genocidal dictator from power and today continue to defend their democratic progress. Proud Moldovans helped deliver a victory for the forces of democracy. Citizens of Zambia, especially young people, turned out in historic numbers to elect their new president. Ukraine continues to make progress in countering corruption, safeguarding human rights, and strengthening its democratic institutions all while standing up to Russian aggression. Courageous anti-corruption activists, human rights defenders, journalists, and peace protestors in Belarus, Burma, Cuba, Hong Kong, Syria, Venezuela, and elsewhere continue to demand respect for their human rights and a democratic future. To all those who continue to endure repression under authoritarian regimes, know that the people of the United States stand with you. Today, we reaffirm our commitment to the ideal that democracy—a Government of the people, by the people, and for the people—is how we best safeguard the rights, freedoms, and dignity that belong to every person. Together with other free nations, the United States remains committed to the vital work of strengthening our democratic institutions, defending civil society, advancing human rights, and holding those who commit abuses and foster corruption accountable. To demonstrate this, on December 9–10, 2021, I will host a virtual Summit for Democracy to help set an agenda for democratic renewal across the globe. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim November 9, 2021, as World Freedom Day. I call upon the people of the United States of America to recall the hope symbolized by the fall of the Berlin Wall and reaffirm our dedication to freedom and democracy. IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10305 November 9, 2021Veterans Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10305 of November 9, 2021** Veterans Day, 2021 By the President of the United States of America A Proclamation For generations, millions of Americans have answered the call to serve—taking the sacred oath to defend and preserve our Nation’s ideals of liberty and democracy. These patriots represent the best of us. On Veterans Day, we honor their service, dedication, and valor and are forever grateful for their sacrifice. Our Nation has only one truly sacred obligation: to properly prepare and equip our service members when we send them into harm’s way and to care for them and their families when they return home. For our 19 million veterans, that means ensuring that they have access to the support and resources for a future of security, opportunity, and dignity. This is even more important as we continue to recover from the global COVID–19 pandemic. Our obligation to support our Nation’s veterans and their families is personal for me and the entire Biden family, and I remain committed to ensuring that every veteran receives the care and support they have earned. The recently passed bipartisan Infrastructure Investment and Jobs Act will create millions of good jobs for veterans and grow opportunities for veteran-owned businesses. My Build Back Better framework also prioritizes improvements to VA health care, ensuring that every veteran—including our often-underserved female and LGBTQ+ veterans—receives competent, world-class health care through the Department of Veterans Affairs. Last month, the White House Gender Policy Council released the first-ever United States Strategy for Gender Equity and Equality, which included the unique needs and contributions of women service members and veterans. And the Department of Veterans Affairs is also working to get every eligible veteran the information and opportunity they need to register and vote, protecting their voice in the democracy they fought to preserve. Ensuring veterans have timely access to services and benefits is at the center of my Administration’s commitment to fulfilling our sacred obligation. This includes addressing the adverse health effects of service-related exposures. In August, the Department of Veterans Affairs announced it will begin processing disability claims for respiratory conditions connected to exposure during military service in Southwest Asia and other areas. My Administration also added three conditions to the list of those presumptively associated with exposure to Agent Orange, ending the long wait for disability benefits for many Vietnam era veterans. In the coming months, we are committed to taking additional action to address potential adverse health effects associated with military environmental exposures. So many of our veterans carry the scars from their service—both visible and invisible—and it is our Nation’s responsibility to help them heal. Too many veterans and service members have considered suicide or taken their own lives, and addressing this tragedy is a national responsibility. That is why I have made military and veteran suicide prevention a top priority, and earlier this month, I released a new comprehensive, cross-sector public health strategy to reduce military and veteran 135 STAT. 2831 suicide. Implementing this approach will unite us around a common mission and accelerate meaningful improvements in suicide prevention programs, helping us live up to our sacred obligation to those who have served in our Nation’s Armed Forces. Fulfilling our Nation’s promise to our veterans and military families, caregivers, and survivors is not only a moral imperative—it is crucial to our national security and to maintaining the finest military the world has ever known. We are a Nation that keeps our promises. That is why my Administration is dedicated to a whole-of-government approach in responding to the needs of our veterans and their families, caregivers, and survivors. Through the First Lady’s work with Joining Forces—the White House initiative to support veteran and military families, caregivers, and survivors—my Administration is addressing employment and entrepreneurship, military and veteran child education, and health and well-being for veteran families. Earlier this year, the First Lady met with military and veteran families to learn how we can better support and prioritize their needs, and in September, Joining Forces and the National Security Council released a report outlining the first round of Administration-wide commitments and proposals that support veteran and military families, caregivers, and survivors. These efforts will honor our sacred obligation to support our veteran families and ensure they receive the resources they need to thrive. On Veterans Day, we honor our Nation’s veterans, who have given so much to protect our freedoms and the freedom of others around the globe. They represent the highest ideals of our country. While we can never fully repay the debt we owe these heroes, we will honor their service and provide them the care and support they deserve. We also salute and show gratitude for all who ensure our Armed Forces remain strong, united, and unmatched. In respect and recognition of the contributions our veterans and their families, caregivers, and survivors have made to the cause of peace and freedom around the world, the Congress has provided (5 U.S.C. 6103(a)) that November 11 of each year shall be set aside as a legal public holiday to honor our Nation’s veterans. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim November 11, 2021, as Veterans Day. I encourage all Americans to recognize the valor, courage, and sacrifice of our veterans through appropriate ceremonies and private prayers. I call upon Federal, State, and local officials to display the flag of the United States of America and to participate in patriotic activities in their communities. And I call on all Americans, including civic and fraternal organizations, places of worship, schools, and communities, to support this day with commemorative expressions and programs. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10306 November 12, 2021American Education Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10306 of November 12, 2021** American Education Week, 2021 By the President of the United States of America A Proclamation I have always believed that our children are the kite strings that hold our national ambitions aloft—when we invest in their education, we are investing in the future of our Nation. During American Education Week, which marks its 100th anniversary this year, we celebrate the unparalleled power of education to lift our country to new heights, and we recommit ourselves to ensuring that every child in America receives a quality education. When America made 12 years of public education standard more than a century ago, it gave us the best-educated, best-prepared workforce in the world—setting us on a path to lead the world for the better part of the 20th century. Not only is quality, equitable education the engine of innovation and the fuel of a thriving economy—it is also key to preserving our democracy and advancing American ideals. But as the First Lady so often says, any country that out-educates us will out-compete us. The truth is that we are no longer keeping pace with other countries when it comes to investing in the next generation. While America once led the world in educational achievement, the Organization for Economic Cooperation and Development now ranks us 35th out of 37 major economies when it comes to investing in early childhood education and care. Only about half of American 3- and 4-year-olds are enrolled in early childhood education—while in Germany, France, the UK, Latvia, and other nations, that number is more than 90 percent. According to one study from the Pell Institute, we now rank 12th among advanced economies when it comes to the percentage of our young people who have attained a post-high-school degree. Simply put—we cannot be competitive in the 21st century global economy if we do not accelerate degree attainment. It is more important than ever that we invest in education, particularly as schools and communities are still fighting to overcome the challenges of the COVID–19 pandemic. This virus has called upon the extraordinary resilience of our educators, school staff, students, and families, whose dedicated efforts over the last 19 months have helped keep millions of young people on a path to fulfillment and success. Now, we must match their determination with bold action to ensure that our children—and our Nation—are well-positioned to lead the world in the years ahead. To that end, my Administration provided resources through the American Rescue Plan that are helping schools and colleges safely return to in-person instruction and meet the academic, social, emotional, and financial needs of students most affected by the pandemic. My budget proposal for fiscal year 2022 more than doubles funding for schools that serve low-income students; invests in support for students with disabilities; increases Federal funding for community schools tenfold; and works towards my Administration’s goal of doubling the number of school counselors, social workers, psychologists, and nurses so that teachers can focus on teaching. Finally, my Administration’s Build Back Better framework would make transformational investments in 135 STAT. 2833 our education system—including by making 2 years of high-quality pre-school available to every child in America. We will also make significant investments in education beyond high school: We will increase Pell Grants to help students from lower-income families attend college and invest in Historically Black Colleges and Universities, Hispanic-Serving Institutions, Tribal Colleges and Universities, and other Minority-Serving Institutions to help ensure that young people from every neighborhood have a fair shot at the good-paying jobs of the future. In celebrating the centennial anniversary of American Education Week, let us acknowledge education’s power to transform lives, uplift communities, and strengthen our democratic society. Let us honor all those who nurture our students and inspire the future leaders of our great Nation. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 14 through November 20, 2021, as American Education Week. I invite all Americans to join in expressing gratitude, now and throughout the year, for the educators and staff of our Nation’s schools and colleges, and I encourage the observation of this week through appropriate activities, events, and programs designed to showcase engaging, high-quality education, celebrate the joy of learning, and prepare students of every background for success. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10307 November 12, 2021National Apprenticeship Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10307 of November 12, 2021** National Apprenticeship Week, 2021 By the President of the United States of America A Proclamation For decades, Registered Apprenticeships have been a reliable pathway to the middle class. Apprenticeships train workers for good jobs and allow them to earn while they learn. These educational experiences are especially important for workers who did not attend college, as they provide these workers with the type of specialized training needed for the jobs of today and tomorrow. During National Apprenticeship Week, we highlight how this quality industry and worker-driven training model provides a critical talent pipeline and a means to strengthen our workforce and address our Nation’s pressing challenges—from rebuilding our country’s infrastructure to protecting against cybersecurity threats. As we build our economy back better and continue to fight the COVID–19 pandemic, we have seen the especially important role apprenticeships play in providing training to workers looking to re-enter the workforce and young people who are seeking to enter the work 135 STAT. 2834 force—in each case providing an opportunity to train and develop the skills needed for jobs of the future while earning a good income. My Administration supports the expansion of Registered Apprenticeships and the pathways they create to good jobs and union representation. That is why I rescinded an Executive Order that undermined Registered Apprenticeship programs by promoting less rigorous industry-recognized apprenticeships. To strengthen the voice of our workers who have been central to rebuilding our economy, my Administration reinstated the longstanding National Advisory Committee on Apprenticeships. Since apprenticeships are central to supporting the investments made in the American Rescue Plan and the Build Back Better Agenda, I have proposed we invest in high-quality job training and Registered Apprenticeships in fast-growing sectors like health care, child care, advanced manufacturing, information technology, and clean energy so that every American receives the skills required by employers for good, middle-class union jobs. My Administration also recently awarded nearly $100 million in State Apprenticeship Expansion, Equity and Innovation grants to bolster States’ efforts to expand programming and inclusive recruitment strategies. These grants also aim to develop partnerships that ensure we have a workforce ready to staff new industries and non-traditional occupations, including industry sectors hit hardest by the pandemic. To facilitate the expansion of Registered Apprenticeship programs, provide technical assistance to these programs, and help small- and medium-sized firms establish Registered Apprenticeships, we also invested nearly $31 million through cooperative agreements to establish four Registered Apprenticeship Technical Assistance Centers of Excellence. The centers will also work with public and private sector partners to expand opportunities in Registered Apprenticeship programs for women, youths, people of color, rural communities, justice-involved individuals, and people with disabilities. The centers are the culmination of a longstanding commitment to expand access to apprenticeships for traditionally underrepresented groups of workers and build on existing strategies that include the Women in Apprenticeship and Non-Traditional Occupations (WANTO) grant program, now in its 27th year. During National Apprenticeship week, we also commit to ensuring that people from populations that have been historically underserved, marginalized, and adversely affected by persistent discrimination, poverty, and inequality have an opportunity to participate in the workforce. In particular, given the historic underrepresentation of women in apprenticeship programs and the impact of the pandemic on women’s labor force participation, there is even greater urgency to support women’s participation in Registered Apprenticeships. Together, and with strengthened Registered Apprenticeships, we can build an even more successful, competitive, and diverse workforce. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, do hereby proclaim November 14 through November 20, 2021, as National Apprenticeship Week. I urge the Congress, State and local governments, educational institutions, industry and labor leaders, apprentices, and all Americans to support Registered Apprenticeship programs in the 135 STAT. 2835 United States of America and to raise awareness of their importance in building a diverse and robust workforce to strengthen our national economy. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10308 November 12, 2021America Recycles Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10308 of November 12, 2021** America Recycles Day, 2021 By the President of the United States of America A Proclamation In recent months, I have traveled across the country to see firsthand the devastating toll of climate change. I have walked down streets in Louisiana, New Jersey, and New York where deadly storms and floods have destroyed the lives of working families, wiping homes and businesses off the map. I have sat with firefighters in Boise, Idaho, and surveyed damage from the Caldor Fire in northern California—just one large wildfire among dozens that together have burned more acres of American land this year than make up the State of New Jersey. Communities encompassing the homes of more than 100 million people—about 1 in 3 Americans—have been struck by extreme weather events in the last few months alone. Climate change is a blinking code red for our Nation. This crisis poses an existential threat, but we also know that it is within our power to defeat it. Today, half of all global greenhouse gas emissions are created when natural resources are taken from the Earth and made into usable products. By reducing, reusing, and recycling, we can decrease waste and the greenhouse gases that fuel the climate crisis while protecting our communities and our environment. On America Recycles Day, we celebrate efforts across the country to manage our resources responsibly and creatively, and we recommit ourselves to building a brighter and more sustainable future for all people. Although we have made significant progress since the first America Recycles Day over 2 decades ago, we still have work to do. Black, Brown, Indigenous, and low-income communities continue to be disproportionately impacted by higher pollution levels as well as detrimental health and environmental impacts from mismanaged waste. Our Nation’s infrastructure has not kept pace with today’s changing waste stream, and markets for recycled materials are decreasing. To improve our national recycling system and manage our precious resources equitably and sustainably, it is going to take all of us—including Federal, State, Tribal, and local governments, our partners in the private sector, and individual Americans making a difference in their communities. We must continue to work together to properly recycle and manage materials throughout their lifecycles and ensure that every American’s right to a healthy environment is fulfilled and protected.135 STAT. 2836 To help our Nation achieve our environmental and recycling goals, my Administration is releasing a National Recycling Strategy, which identifies objectives and actions necessary to help fight climate change and create a sustainable national recycling system. The actions this strategy recommends will help us reach our national recycling goal, and the Federal Government will lead by example across our Federal buildings, lands, and national parks. The strategy also aims to increase access to recycling so that all Americans can meaningfully participate while ensuring that our solid waste management system does not disproportionately affect communities that are already overburdened with environmental impacts. Our workplaces, communities, and Federal, State, Tribal, and local governments can all take part in reshaping our recycling system into one that puts the United States at the forefront of environmental stewardship. You can visit www.epa.gov/recycle for more information on reducing, reusing, and recycling. As we continue to pursue bold action to tackle climate change, we can all do our part to create a more sustainable future by making simple changes in our own lives. Today and every day, we reaffirm our commitment to preserving our precious resources and creating a healthier, cleaner, more just world for our children and future generations. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 15, 2021, as America Recycles Day. I call upon the people of the United States of America to observe this day with appropriate programs and activities, and I encourage all Americans to continue their reducing, reusing, and recycling efforts throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10309 November 16, 2021Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Democracy in Nicaragua GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10309 of November 16, 2021** Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Democracy in Nicaragua By the President of the United States of America A Proclamation In light of the importance to the United States of fostering democratic processes and institutions in Nicaragua to help the Nicaraguan people achieve their aspirations for democracy, and given the suppression of human rights and democracy in Nicaragua, I have determined that it is in the interest of the United States to restrict and suspend the entry into the United States, as immigrants and nonimmigrants, of members of the Government of Nicaragua, led by President Daniel Ortega, including his spouse and Vice President Rosario Murillo, and others described in this proclamation who formulate, implement, or benefit from 135 STAT. 2837 policies or actions that undermine or injure democratic institutions or impede the return to democracy in Nicaragua. The repressive and abusive acts of the Ortega government and those who support it compel the United States to act. The Ortega government’s crackdown on opposition leaders, civil society leaders, and journalists in preparation for the November 2021 Nicaraguan presidential and legislative elections harms the institutions and processes essential to a functioning democracy. The Ortega government’s undemocratic, authoritarian actions have crippled the electoral process and stripped away the right of Nicaraguan citizens to choose their leaders in free and fair elections. The Ortega government’s detention of and denial of fair trial guarantees to peaceful protesters, civil society leaders, private sector leaders, student leaders, political leaders, journalists, and presidential candidates in Nicaragua stifles political discourse and the democratic process. Police and prison authorities contribute to the repressive climate the Ortega government promotes by carrying out politically motivated arrests and detentions of individuals exercising their human rights and holding political prisoners incommunicado, without access to lawyers, family members, and needed medical care. Family members and the media have reported that some prisoners have lost significant weight in detention, cannot walk unassisted, have been held in solitary confinement, and are subjected to frequent, extensive interrogations. The physical and psychological abuse of political prisoners at the hands of police and prison authorities is intolerable and cannot stand. The Ortega government controls multiple security services, including non-uniformed, armed, and masked parapolice, who abuse persons to further the Ortega government’s authoritarian agenda, including by harassing, threatening, and committing violence against those opposed to the government. Members of the Nicaraguan National Police (NNP), along with violent mobs of pro-government supporters also controlled by government actors, have attacked religious institutions in retaliation for their support for political and religious leaders. Municipal officials, acting on direct orders from the Ortega government, have directed violence against pro-democracy protesters in their communities and other local actors opposed to the government. For example, mayors and mayors’ offices loyal to the Ortega government have organized and channeled state funds to parapolice groups engaged in violent repression. These municipal officials wield enormous political power and discretionary budget authority, conferred upon them from the highest levels of the Ortega government. The climate of fear established and perpetuated by these municipal officials has diminished the possibility of free and fair elections and undermined democracy in Nicaragua. The judiciary has failed the Nicaraguan people by aiding and abetting the Ortega government’s use of politically motivated charges to lock up political prisoners. By stacking the judiciary with government-controlled judges and prosecutors, the Ortega government has abused the justice system to silence critics. Authorities have held many political prisoners incommunicado for months, without access to their lawyers, and with no knowledge of the spurious charges presented against them.135 STAT. 2838 The widespread impunity for crimes committed against opposition actors; the persistent corruption practiced by Nicaraguan government officials in the performance of public functions that has eroded democratic institutions; and the continued failure of President Daniel Ortega, Vice President Rosario Murillo, Nicaraguan government officials, and others to support the rule of law, human rights, and other principles of high priority to the United States demand a forceful response. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, including sections 212(f) and 215(a) of the Immigration and Nationality Act (8 U.S.C. 1182(f) and 1185(a)) and section 301 of title 3, United States Code, hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 4 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: **Section 1**. *Suspension and Limitation on Entry.* The entry into the United States, as immigrants or nonimmigrants, of the following persons is hereby suspended:
(a)Members of the Government of Nicaragua, including elected officials and their staff members;
(b)Mayors, vice mayors, or political secretaries who planned, ordered, assisted, aided and abetted, committed, or otherwise participated in, including through command responsibility, serious abuses or violations of human rights to punish peaceful protestors or deny Nicaraguans fundamental freedoms, or who attempted or conspired to do so;
(c)Officials of Nicaragua’s security services, including the Nicaraguan Military, NNP, Directorate of Special Police Operations, parapolice groups, and paramilitary groups;
(d)Officials of the Nicaraguan penitentiary administration;
(e)Senior members of the Nicaraguan judiciary, Public Prosecutors Office, and Ministry of the Interior;
(f)Members of Nicaraguan government ministries, regulatory agencies, parastatal companies, higher education administrators and faculty, and elected officials who undertake actions, including human rights abuses, to deny services to those who make peaceful efforts to demand the return to democracy in Nicaragua;
(g)Non-government persons who serve as agents of or act at the behest of those described in subsections (a)–(f) of this section to facilitate or derive financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine or injure democratic institutions or impede the return to democracy in Nicaragua; and
(h)The spouses, sons, and daughters of persons described in subsections (a)–(g) of this section. **Sec. 2**. *Authority of the Secretary of State to Identify Covered Individuals.* Persons covered by section 1 of this proclamation shall be identified by the Secretary of State, or the Secretary of State’s designee, in 135 STAT. 2839 the Secretary of State’s sole discretion, pursuant to such procedures as the Secretary of State may establish. **Sec. 3**. *Implementation of Suspension and Limitation on Entry.* The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish. **Sec. 4**. *Scope of Suspension and Limitation on Entry.* Section 1 of this proclamation shall not apply to:
(a)Any lawful permanent resident of the United States;
(b)Any individual who has been granted asylum by the United States, any refugee who has already been admitted to the United States, or any individual granted withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture, consistent with the laws and regulations of the United States;
(c)Any person otherwise covered by section 1 of this proclamation, upon determination by the Secretary of State that the person has ceased actions that undermine democratic institutions and taken concrete steps to help restore democracy in Nicaragua; or
(d)Any person otherwise covered by section 1 of this proclamation, upon determination by the Secretary of State that the person’s entry would not be contrary to the interests of the United States, including when the Secretary of State so determines, based on a recommendation of the Attorney General, that the person’s entry would further important United States law enforcement objectives. In exercising this responsibility, the Secretary of State shall consult the Secretary of Homeland Security on matters related to admissibility or inadmissibility within the authority of the Secretary of Homeland Security. **Sec. 5**. *Termination.* This proclamation shall remain in effect until terminated by the President. The Secretary of State shall, as circumstances warrant, recommend whether the President should continue, modify, or terminate this proclamation. **Sec. 6**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)United States Government obligations under applicable international agreements;
(ii)the authority granted by law to an executive department or agency, or the head thereof; or
(iii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.135 STAT. 2840
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10310 November 17, 2021Antibiotic Awareness Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10310 of November 17, 2021** Antibiotic Awareness Week, 2021 By the President of the United States of America A Proclamation Antibiotic Awareness Week is an occasion to celebrate the miracles of science and medicine that improve and sustain our lives, including innovations in antibiotics that have transformed the treatment of illness. Antibiotics save lives, kill bacteria that cause infections, and make it possible for many modern health care practices—including cancer treatments or surgery—to be safely performed. This week is also an occasion to raise awareness of the dangers of misuse and overuse of antibiotics, which can lead to antibiotic resistance. It is critical to the health of our Nation that antibiotics be used only as intended. In recent decades, the misuse of antibiotics has contributed to infectious germs becoming increasingly resistant to antibiotic drugs. Every year, more than 3 million people in the United States are infected—and nearly 50,000 are killed—by an antibiotic-resistant germ or an infection that can occur after taking antibiotics. Because most of these cases occur as a result of improper antibiotic use, it is essential that these drugs are used appropriately and only when necessary. During Antibiotic Awareness Week, we reaffirm our commitment to meet the challenge of antibiotic resistance and preserve the effectiveness of these lifesaving treatments. My Administration is committed to a strong public health response to antibiotic resistance. We are pursuing the ambitious goals laid out in the National Action Plan for Combating Antibiotic-Resistant Bacteria, building on evidence-based activities that slow the spread of antibiotic resistant infections and striving to scale up tracking of antibiotic use across the country through systems such as the Centers for Disease Control and Prevention’s National Healthcare Safety Network. We know the kinds of interventions that work to maintain the integrity of antibiotics and strengthen antibiotic stewardship across industries, and we are implementing those interventions and providing resources to analyze data and address inequities in antibiotic prescribing and use. In addition, we are examining how disparities in health care access and quality of care exacerbate antibiotic-resistant infections. Every American has a vital role to play in this effort. Even small changes in how we use antibiotics can help defend against the threat of antibiotic resistance. Using the right antibiotic and the correct dos135 STAT. 2841 age for the proper duration at the prescribed time can help improve how antibiotics are used to prevent and control infections for all of us. During Antibiotic Awareness Week, we commit to doing our part to take on the threat of antibiotic resistance and pursue strategies that will make all Americans safer and healthier. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 18 through November 24, 2021, as Antibiotic Awareness Week. I call upon the scientific community, medical professionals, educators, businesses, industry leaders, and all Americans to observe this week by promoting the responsible use of antibiotics and raising awareness of the dangers inherent to their misuse and overuse. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10311 November 17, 2021National Rural Health Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10311 of November 17, 2021** National Rural Health Day, 2021 By the President of the United States of America A Proclamation America’s rural communities feed and fuel our country, steward our precious lands, and are home to 1 out of every 5 Americans. As we continue to fight the COVID–19 pandemic and make the investments we need to build back better, we must ensure that our recovery includes and strengthens our Nation’s rural communities. On National Rural Health Day, we recommit to supporting the health and well-being of rural Americans and celebrate the rural health care providers who work tirelessly to meet their needs. Rural Americans face unique challenges accessing the care they need and deserve. They often have to travel greater distances to see a health care provider, are less likely to have access to broadband to utilize telehealth services, and are more likely to live in an area that has a shortage of doctors, dentists, and mental health providers. While the impact of the COVID–19 pandemic has spared no part of the country, rural areas have confronted additional challenges that affect the delivery of services, including limited health care infrastructure and fewer clinicians. My Administration is committed to improving the health of rural communities and ensuring that those who call these communities home have equitable access to the resources and services routinely available to people living in more densely populated areas. That is why my American Rescue Plan
(ARP)is providing $8.5 billion to rural health providers to keep their doors open and continue responding to the COVID–19 pandemic. This builds on over $820 million in ARP spending from earlier this year to support COVID–19 testing and mitigation across 4,200 Rural Health Clinics and over 1,500 small rural hospitals 135 STAT. 2842 and $100 million in ARP funding to support the vaccine outreach efforts of Rural Health Clinics. My Administration’s plan also provided $500 million to create the Emergency Rural Health Care Grant Program, which is helping rural communities provide more COVID–19 testing and treatment, purchase medical supplies, deliver food assistance, and renovate health care facilities. These investments are complemented by funds to expand telehealth and support training for new rural health care providers, including community health workers and respiratory therapists. This funding has supported thousands of Rural Health Clinics, small rural hospitals, and community health workers. My Administration’s Build Back Better framework will build on the successes of the ARP by delivering lower cost, higher quality health care to rural Americans. My Administration’s proposal is the biggest expansion of affordable health care in a decade and will lower prescription drug and other health care costs for rural Americans, keep rural hospitals open, and work to address the root causes of poor health, including outdated drinking water infrastructure across rural America. Additionally, my Administration is coordinating efforts across Federal, State, Tribal, territorial, and local governments and incorporating health equity principles, policies, and approaches in our efforts to better support rural communities. This means supporting rural hospitals and clinics, expanding telehealth and workforce development, improving community health, and providing greater access to capital so that every American can receive lower cost and higher quality health care. On National Rural Health Day, we recognize the importance of the health and well-being of our rural communities. As our Nation builds back better, we recommit to supporting our rural health care providers and working together to bring about a stronger, healthier rural America. NOW, THERFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 18, 2021, as National Rural Health Day. I call upon the people of the United States to reaffirm our dedication to the health and well-being of rural America. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10312 November 19, 2021National Child’s Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10312 of November 19, 2021** National Child’s Day, 2021 By the President of the United States of America A Proclamation Our Nation’s children are the kite strings that hold our national ambitions aloft—and it is our shared responsibility to make sure that they have every opportunity to thrive. On National Child’s Day, we recom135 STAT. 2843 mit ourselves to ensuring that every child in America has a fair shot at a bright future, regardless of the gender, race, ethnicity, or the zip code they are born into. To support our Nation’s children, it is imperative that we work to deliver equal access to quality child care and education, health care, good jobs with dignity, and a clean planet. That is why I am working with the Congress to pass my Administration’s Build Back Better plan—a transformative investment in children, families, climate resilience, and the foundations of our economy. The Build Back Better Act is poised to deliver high-quality child care that all families can afford, universal access to preschool for all 3- and 4-year-olds, lower costs for higher education so that every child has an equal footing and opportunity to succeed, historic tax cuts for working families raising children, the largest expansion of affordable health care coverage since the Affordable Care Act, and the largest investment to fight climate change in American history. This landmark legislation will help ensure that every child has a safer and healthier upbringing. It eases the cost burden of raising a family—delivering a tax cut directly into the pockets of working parents. It will help America once again set the pace around the world when it comes to educational attainment, reversing generations of underinvestment in our children’s development and care. It will help us cut greenhouse gas emissions and reduce pollution so that our children can breathe clean air. With the Bipartisan Infrastructure Act—we will also deliver high-speed internet access to every American household and replace our Nation’s lead water pipes so that every child can drink clean water at home and at school. I will also continue to make the case for establishing a paid family and medical leave program so no worker has to make the impossible choice between work and caring for themselves or a family member. These historic bills build on the foundation we laid with the American Rescue Plan, which has set us on a course to reduce child poverty in America by nearly half. The law continues to deliver critical resources that have allowed our Nation’s children to safely return to the classroom, and it provides essential tools to address the mental health needs of our children and much-needed relief to families to improve maternal and child health care. We owe every child the opportunity to dream and flourish, supported by adults helping to make their dreams a reality. On National Child’s Day, we reaffirm our commitment to uplift the children in our lives and in our communities. Their future is our future, and our Nation’s success tomorrow relies on the care and investment we provide for our children today. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 20, 2021, as National Child’s Day. I call upon all government officials, educators, volunteers, and all the people of the United States of America to observe this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of November, in the year of our Lord two thousand twenty-one, 135 STAT. 2844 and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10313 November 19, 2021National Family Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10313 of November 19, 2021** National Family Week, 2021 By the President of the United States of America A Proclamation My father lived by a motto: that family was the beginning, the middle, and the end. During National Family Week, we celebrate American families, recognize the importance of spending time with relatives, and reaffirm our commitment to investing in our Nation’s families. From the beginning of my campaign for President, I said that my goal was to build our economy from the bottom up and the middle out and give America’s hard-working families some much needed breathing room. This work is especially important, given the fact that the COVID–19 pandemic has presented so many challenges for families. Many families struggled with lost jobs or food insecurity. Before schools reopened, parents and caregivers had to take on additional responsibilities such as helping their children with online learning, many while working from home. So many of us went months without hugging a parent, grandparent, or grandchild. Far too many families said goodbye to a loved one—leaving an empty chair at the table and a hole in their hearts. When I took office, I took immediate action to assist families through my Administration’s American Rescue Plan. The American Rescue Plan has provided cash assistance to millions of working families, supported schools in safely providing in-person instruction, and delivered an expanded Child Tax Credit, which is lifting millions of children and families out of poverty. It also allowed us to implement our COVID–19 vaccination program—one of the fastest vaccination programs ever, one that is now open to all Americans ages five and up, and one that is protecting millions of families. Now even greater progress for America’s families is in sight. My Administration’s Build Back Better Act and Bipartisan Infrastructure Investment and Jobs Act will further strengthen and support our Nation’s families. The Bipartisan Infrastructure Investment and Jobs Act will allow us to replace lead pipes and service lines that are poisoning our children and families while the other investments in the bill will strengthen communities and create millions of good jobs. My Administration’s Build Back Better Act will provide free and universal preschool, the largest investment in child care in our Nation’s history, an expansion of the Affordable Care Act, and a tax cut for millions of families with children. In addition, I will continue to push for establishing a paid family and medical leave program so that no American must make the difficult choice between work and caring for themselves or a family member. During National Family Week, we reaffirm that our Nation is stronger because of the love, compassion, and care that our families share. In 135 STAT. 2845 this season of thanksgiving, let us continue to lift up our hard-working families and unite in support of our future generations. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim November 21 through November 27, 2021, as National Family Week. I invite States, communities, and individuals to join together in observing this week with appropriate ceremonies and activities to honor our Nation’s families. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10314 November 24, 2021Thanksgiving Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10314 of November 24, 2021** Thanksgiving Day, 2021 By the President of the United States of America A Proclamation Thanksgiving provides us with a time to reflect on our many blessings—from God, this Nation, and each other. We are grateful for these blessings, even—and especially—during times of challenge. That is why George Washington declared a day of Thanksgiving for his troops as they marched into that dark winter at Valley Forge. It is why in the midst of the Civil War—in proclaiming the Thanksgiving holiday we now celebrate today—Abraham Lincoln urged us to remember our “fruitful fields and healthful skies.” Just as 400 years ago when the Pilgrims were able to celebrate a successful first harvest thanks to the generosity and support of the Wampanoag, today we too express our gratitude for those who have helped us get through this difficult past year. We are grateful for the farm workers and frontline workers, many of whom are immigrants, who make sure our food is harvested and shipped, keep our grocery stores stocked, and keep our cities and towns clean and safe. We are grateful for the educators who are welcoming children back into their classrooms, helping them make up for lost learning and lost time, both academically and socially. We are grateful for the parents who have carried their families through this challenging time, helping their children navigate this difficult chapter in our Nation’s history. We are grateful for the health care professionals working to vaccinate our Nation, the nurses who comfort and help people, and the doctors who provide care and compassion. We are grateful for the researchers and scientists who have developed safe and effective vaccines and treatments, allowing us to safely enjoy a Thanksgiving this year with more family around the table.135 STAT. 2846 As always, we are grateful for our troops serving far from home, keeping us safe and defending our values. For the First Lady and me, Thanksgiving has always been a cherished time to enjoy annual traditions that have evolved into sacred rituals with our children and grandchildren: throwing the football, preparing family recipes, lighting candles, and setting the table. For many Americans, this Thanksgiving will be the first time gathering with loved ones in person since the start of the pandemic—a time of full tables and full hearts. As we celebrate, we will also be thinking of the many families feeling the pain of an empty chair at the Thanksgiving table. You are not alone, and our Nation stands with you. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim Thursday, November 25, 2021, as a National Day of Thanksgiving. I encourage the people of the United States of America to join together and give thanks for the friends, neighbors, family members, and strangers who have supported each other over the past year in a reflection of goodwill and unity. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10315 November 26, 2021Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10315 of November 26, 2021** Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 By the President of the United States of America A Proclamation The national emergency caused by the coronavirus disease 2019 (COVID–19) outbreak in the United States continues to pose a grave threat to our health and security. As of November 26, 2021, the United States has experienced more than 47 million confirmed COVID–19 cases and more than 773,000 COVID–19 deaths. It is the policy of my Administration to implement science-based public health measures, across all areas of the Federal Government, to act swiftly and aggressively to prevent further spread of the disease. On November 24, 2021, the Republic of South Africa informed the World Health Organization
(WHO)of a new B.1.1.529 (Omicron) variant of SARS–CoV–2, the virus that causes COVID–19, that was detected in that country. On November 26, 2021, the WHO Technical Advisory Group on SARS–CoV–2 Virus Evolution announced that B.1.1.529 constitutes a variant of concern. While new information is still emerging, the profile of B.1.1.529 includes multiple mutations across the SARS–CoV–2 genome, some of which are concerning. According to the WHO, 135 STAT. 2847 preliminary evidence suggests an increased risk of reinfection with this variant, as compared to other variants of concern. Further, the WHO reports that the number of cases of this variant appears to be increasing in almost all provinces in the Republic of South Africa. Based on these developments, and in light of the extensive cross-border transit and proximity in Southern Africa, the detection of B.1.1.529 cases in some Southern African countries, and the lack of widespread genomic sequencing in Southern Africa, the United States Government, including the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, has reexamined its policies on international travel and concluded that further measures are required to protect the public health from travelers entering the United States from the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe. In addition to these travel restrictions, the CDC shall implement other mitigation measures for travelers departing from the countries listed above and destined for the United States, as needed. Given the recommendation of the CDC, working in close coordination with the Department of Homeland Security, described above, I have determined that it is in the interests of the United States to take action to suspend and restrict the entry into the United States, as immigrants and nonimmigrants, of noncitizens of the United States (“noncitizens”) who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. I therefore hereby proclaim the following: **Section 1**. *Suspension and Limitation on Entry.* The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation. **Sec. 2**. *Scope of Suspension and Limitation on Entry.*
(a)Section 1 of this proclamation shall not apply to:
(i)any lawful permanent resident of the United States;
(ii)any noncitizen national of the United States;135 STAT. 2848
(iii)any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;
(iv)any noncitizen who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(v)any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(vi)any noncitizen who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR–4 or IH–4 visa classifications;
(vii)any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(viii)any noncitizen traveling as a nonimmigrant pursuant to a C–1, D, or C–1/D nonimmigrant visa as a crewmember or any noncitizen otherwise traveling to the United States as air or sea crew;
(ix)any noncitizen
(A)seeking entry into or transiting the United States pursuant to one of the following visas: A–1, A–2, C–2, C–3 (as a foreign government official or immediate family member of an official), E–1 (as an employee of TECRO or TECO or the employee’s immediate family members), G–1, G–2, G–3, G–4, NATO–1 through NATO–4, or NATO–6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
(B)whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(x)any noncitizen who is a member of the U.S. Armed Forces or who is a spouse or child of a member of the U.S. Armed Forces;
(xi)any noncitizen whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or
(xii)any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.
(b)Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States. **Sec. 3**. *Implementation and Enforcement.*
(a)The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish. The Secretary of Homeland Security shall implement this proclamation as it applies to the 135 STAT. 2849 entry of noncitizens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.
(b)The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall endeavor to ensure that any noncitizen subject to this proclamation does not board an aircraft traveling to the United States, to the extent permitted by law.
(c)The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.
(d)Where a noncitizen circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry, the Secretary of Homeland Security shall consider prioritizing such noncitizen for removal. **Sec. 4**. *Relationship to Other Suspensions, Limitations, or Restrictions on Entry.* Individuals described in section 2 of this proclamation may nevertheless be subject to an entry suspension, limitation, or restriction under Proclamation 10294 of October 25, 2021 (Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic). Nothing in this proclamation shall be construed to affect any other suspension, limitation, or restriction on entry. **Sec. 5**. *Termination.* This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, as circumstances warrant and no more than 30 days after the date of this proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation. **Sec. 6**. *Effective Date.* This proclamation is effective at 12:01 a.m. eastern standard time on November 29, 2021. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern standard time on November 29, 2021. **Sec. 7**. *Severability.* It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States. Accordingly, if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby. **Sec. 8**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq135 STAT. 2850 uity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10316 November 30, 2021National Impaired Driving Prevention Month, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10316 of November 30, 2021** National Impaired Driving Prevention Month, 2021 By the President of the United States of America A Proclamation Every year, thousands of lives are needlessly lost on our Nation’s roadways because of alcohol—and drug-impaired driving. These are avoidable tragedies that leave deep holes in our Nation’s families and communities. During National Impaired Driving Prevention Month, we reaffirm our commitment to preventing impaired driving. We remember the victims and honor their memory by making the responsible decision to drive sober and ensure that others do the same. Driving while impaired by any substance—legal or illegal—is dangerous. Alcohol, illicit drugs, and even over-the-counter and prescription medications can impair a driver’s judgment, decrease motor coordination, and slow the reaction time necessary to safely operate a motor vehicle. Alcohol-impaired driving has led to over 10,000 deaths each year. My Administration is committed to reducing the number of impaired drivers and raising awareness about the dangers of driving impaired. The new Infrastructure Investment and Jobs Act calls for the National Highway Traffic Safety Administration to issue a new standard for “advanced drunk and impaired driving prevention technology” for new vehicles, which would help prevent impaired drivers from taking the wheel. My Administration is building our capacity to end impaired driving by supporting innovative strategies that reduce impaired driving-related crashes, injuries, and fatalities while safeguarding against bias and ensuring racial equity. To identify and support people with substance use disorders, we are increasing impaired driving risk screening, supporting evidence-based prevention programs, and providing access to evidence-based treatment and recovery support services. My Administration is also raising awareness about the effects of impairment on driving ability through the *Drive Sober or Get Pulled Over* and *If You Feel Different, You Drive Different* national media campaigns. While our technology continues to advance and may one day help solve the problem of impaired driving, everyone must take individual responsibility and pledge to never drive while impaired and to deter others from making that fateful decision. During National Impaired Driving Prevention Month, we recommit ourselves to doing all we can to stop these preventable crashes and re135 STAT. 2851 member those who lost their lives as a result of impaired driving. We must also share our appreciation for the law enforcement officers who risk their lives each day to keep our communities safe while keeping impaired drivers off of our roadways. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 2021 as National Impaired Driving Prevention Month. I urge all Americans to make responsible decisions and take appropriate measures to prevent impaired driving. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10317 November 30, 2021World AIDS Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10317 of November 30, 2021** World AIDS Day, 2021 By the President of the United States of America A Proclamation For decades, World AIDS Day has been recognized as an opportunity for people around the world to stand together in the fight against HIV. This year on World AIDS Day, we are focused on addressing health inequities and inequalities and ensuring that the voices of people with HIV are at the center of our work to end the HIV epidemic globally. While we have made remarkable progress in the 40 years since the first-known reported case of AIDS, this disease remains a serious public health challenge—and we join the international community to honor and remember the more than 36 million people, including 700,000 Americans, who have tragically died from AIDS-related illness since the start of the epidemic. We also renew our commitment to stand with the nearly 38 million people living with HIV around the world as we pursue our shared goal of ending the HIV epidemic. The COVID–19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV. The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community—particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community. My Administration remains steadfast in our efforts to end the HIV epidemic, confront systems and policies that perpetuate entrenched health inequities, and build a healthier world for all people. Earlier this year, I reinstated the White House Office of National AIDS Policy to coordinate our efforts to reduce the number of HIV infections across our Nation. This week, my Administration is releasing an updated National HIV/AIDS Strategy to decrease health inequities in new diagnoses and 135 STAT. 2852 improve access to comprehensive, evidence-based HIV-prevention tools. This updated strategy will make equity a cornerstone of our response and bring a whole-of-government approach to fighting HIV. My budget request includes $670 million to support the Department of Health and Human Services’ Ending the HIV Epidemic in the U.S. Initiative—to reduce HIV diagnoses and AIDS-related deaths. My Administration has also strengthened the Presidential Advisory Council on HIV/AIDS by adding members from diverse backgrounds who bring the knowledge and expertise needed to further our Nation’s HIV response. My Administration is committed to helping the world end the AIDS epidemic as a public health threat by 2030. Through the United States President’s Emergency Plan for AIDS Relief (PEPFAR), we have saved more than 21 million lives, prevented millions of HIV infections, and supported at least 20 countries around the world to reach epidemic control of HIV or achieve their ambitious HIV treatment targets. This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity. Now, together with partner governments and communities, my Administration is setting a bold vision for achieving sustained epidemic control of HIV by supporting equitable health services and solutions, contributing to improved health for all in PEPFAR-supported countries, and working with the Global Fund to Fight AIDS, Tuberculosis and Malaria; UNAIDS; and other regional and local partners toward the goal of ending the HIV epidemic everywhere. Ending the HIV epidemic is within our reach, and we are committed to finishing this work. On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination. No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience. We must innovate and explore new ways to help address HIV/AIDS in communities here at home and around the world. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 1, 2021, as World AIDS Day. I urge the Governors of the United States and its Territories, and the American people to join the HIV community in activities to remember those who have lost their lives to AIDS and to provide support, dignity, and compassion to those living with HIV. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10318 December 2, 2021International Day of Persons With Disabilities, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10318 of December 2, 2021** International Day of Persons With Disabilities, 2021 By the President of the United States of America A Proclamation Thirty-one years ago, the bipartisan passage of the Americans with Disabilities Act
(ADA)enshrined our commitment to building a better Nation for all of us. In the years since, we have made profound progress to advance the rights, opportunities, full participation, and economic self-sufficiency of people with disabilities—both here at home and in nations around the world. On the International Day of Persons with Disabilities, we reaffirm the full promise of dignity, equity, and respect due to all disabled people and recognize the work that still remains to fully deliver on that promise. I was proud to co-sponsor the ADA as a member of the United States Senate. Today, that law remains a vital source of opportunity and dignity—a defense against discrimination and a path to independence. My Administration continues to build on the legacy of the ADA here at home and lead efforts for disability-inclusive democracies around the world. Earlier this year, I signed Executive Orders to recruit and retain a workforce that truly reflects the American people—including Americans with disabilities—and to help ensure that people with disabilities can exercise their sacred right to vote on a full and equal basis. We know that—both here in America and around the world—women and girls with disabilities are disproportionately impacted by gender inequality. That is why my Administration developed the first-ever National Strategy on Gender Equity and Equality, which aims to address discrimination rooted in the nexus of both gender and disability. The American Rescue Plan included landmark support for people with disabilities—including historic funding to expand home- and community-based services under Medicaid, which is enabling more Americans than ever to live safely and independently in their own homes. My Administration’s Build Back Better plan will further that commitment by making the most transformative investment in access to home care in 40 years—providing life-changing support to people with disabilities and the dedicated workers who help care for them. To uphold and advance the human rights of people with disabilities worldwide, I reestablished the role of Special Advisor on International Disability Rights at the Department of State. My Administration will continue to take domestic and international actions to make democracy more accessible around the world. The Summit for Democracy on December 9–10 will affirm that a government of, by, and for the people—including those with disabilities—remains humanity’s most enduring means to advance peace, prosperity, and security. Today and every day, we reaffirm our commitment to ensuring dignity, equity, and respect for all people with disabilities. As we continue to build back better and address the challenges of the 21st century, we will ensure that we deal everybody in and bring everyone along. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim Decem135 STAT. 2854 ber 3, 2021, as International Day of Persons with Disabilities. I call on all Americans to observe this day with appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this second day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10319 December 3, 2021National Pearl Harbor Remembrance Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10319 of December 3, 2021** National Pearl Harbor Remembrance Day, 2021 By the President of the United States of America A Proclamation On December 7, 1941, the Imperial Japanese Navy attacked our forces at Pearl Harbor and other locations in Hawaii, taking the lives of 2,403 service members and civilians and leading the United States to declare its entrance into World War II. It was a day that still lives in infamy 80 years later. As we mark National Pearl Harbor Remembrance Day, we honor the patriots who perished, commemorate the valor of all those who defended our Nation, and recommit ourselves to carrying forth the ensuing peace and reconciliation that brought a better future for our world. Today, we give thanks to the Greatest Generation, who guided our Nation through some of our darkest moments and laid the foundations of an international system that has transformed former adversaries into allies. A decade ago, I paid my respects at the USS Arizona Memorial—where 1,177 crewmen lost their lives on that terrible December day. To this day, beads of oil still rise to the surface of the water—metaphorical “Black Tears” shed for those lost in the attack. Reading those names etched in marble was a mournful reminder of the sacrifices and the human cost of protecting our Nation and the ideals this great country represents. Our Nation remains forever indebted to all those who gave their last full measure of devotion eight decades ago. We will never forget those who perished, and we will always honor our sacred obligation to care for our service members, veterans, and their families, caregivers, and survivors. The Congress, by Public Law 103–308, as amended, has designated December 7 of each year as “National Pearl Harbor Remembrance Day.” NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim December 7, 2021, as National Pearl Harbor Remembrance Day. I encourage all Americans to reflect on the courage shown by our brave warriors that day and remember their sacrifices. I ask us all to give sincere thanks and appreciation to the survivors of that unthinkable day. I urge all Federal agencies, interested organizations, groups, and individuals to fly the flag of the United States at half-staff on December 7, 2021, in honor of those American patriots who died as a result of their service at Pearl Harbor.135 STAT. 2855 IN WITNESS WHEREOF, I have hereunto set my hand this third day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10320 December 5, 2021Death of Robert Joseph Dole GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10320 of December 5, 2021** Death of Robert Joseph Dole By the President of the United States of America A Proclamation As a mark of respect for Robert Joseph Dole, a statesman like few in our history and a war hero among the greatest of the Greatest Generation, I hereby order, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, that the flag of the United States shall be flown at half-staff at the White House and upon all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset on December 9, 2021. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10321 December 9, 2021Human Rights Day and Human Rights Week, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10321 of December 9, 2021** Human Rights Day and Human Rights Week, 2021 By the President of the United States of America A Proclamation In the wake of the devastation of the Second World War, leaders from around the world came together with a shared vision to promote a safer future for all nations by securing and advancing the human rights of everyone, everywhere. On December 10, 1948, thanks to the moral leadership and service of Eleanor Roosevelt as the first Chairperson of the Commission on Human Rights, the world took an enormous step forward with the creation of the Universal Declaration of Human Rights (UDHR). The UDHR enshrines the human rights and fundamental freedoms inherent in all people—no matter who they are, where they come from, or whom they love. It is a foundational document that proclaims a truth too often overlooked or ignored—that “all human beings are born 135 STAT. 2856 free and equal in dignity and rights.” From the root of this universal ideal has sprung transformational human rights treaties and a global commitment to advance equality and dignity for all as the foundation of freedom, peace, and justice. As a world, we have yet to achieve this goal, and we must continue our efforts to bend the arc of history closer to justice and the shared values that the UDHR enshrines. Just as we advocated for the recognition of universal human rights following World War II, the United States today remains steadfast in our commitment to advancing the human rights of all people—and to leading not by the example of our power but by the power of our example. Since taking office, my Administration has put human rights at the center of our domestic and foreign policy priorities. We immediately declared our intention to rejoin the United Nations Human Rights Council, and with the widespread support of the international community, our Nation was elected to a new term beginning on January 1, 2022. As a member of the Council, we will highlight the vital importance of democracy as we work to protect human rights and hold accountable those who would violate these rights and freedoms. We will continue to call out human rights violations wherever they occur, support brave activists on the front lines of protecting fundamental freedoms, and invest in strengthening the rule of law. As a global champion for democracy, we must also continue the unceasing work of strengthening our own democracy and building a more perfect union. Leading by example is one of the most powerful and persuasive foreign policy tools at our disposal. From day one of my Administration, we have taken concrete steps to reassert our moral leadership on the global stage. On my first day in office, I signed an Executive Order to advance racial equity and support for underserved communities. As part of our once-in-a-generation investment in our Nation’s physical infrastructure, we are also strengthening equitable access to our shared resources and environment, including providing additional support for historically underserved communities. Unfortunately, discrimination and violence are challenges that too many Americans still face in their own communities. Throughout our Nation’s history, generations of Black and Brown Americans, Indigenous persons, people with disabilities, LGBTQ+ Americans, immigrants, women and girls, and members of religious, ethnic, and other historically marginalized groups have faced heightened threats to their human rights and dignity. Today, we know that our efforts to defend human rights around the world are stronger because we acknowledge and seek to remedy our own historical challenges as part of that same fight. Leading by example means speaking honestly about the past, upholding the truth, and striving constantly to improve. This year, as we commemorate Human Rights Day, my Administration will bring together global leaders, civil society organizations, and representatives from the private sector for the first Summit for Democracy. Working together, we will recommit ourselves to promoting respect for human rights and combating growing threats to democracy, including authoritarianism and corruption. We will speak honestly about the challenges we face, and we will identify meaningful new actions and commitments to advance our shared goals. I call upon all Americans to keep the words of the Reverend Dr. Martin Luther King, Jr. in their hearts: “injustice anywhere is a threat to jus135 STAT. 2857 tice everywhere.” Let us all dedicate ourselves to bringing our Nation and our world closer to a future in which every human being is free to pursue their highest dreams and unleash their full potential. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 10, 2021, as Human Rights Day and the week beginning December 10, 2021, as Human Rights Week. I call upon the people of the United States to mark these observances with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10322 December 9, 2021Amending Proclamation 10320, Death of Robert J. Dole GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10322 of December 9, 2021** Amending Proclamation 10320, Death of Robert J. Dole By the President of the United States of America A Proclamation By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, and in order to extend the display of the flag at half-staff as a mark of respect for Robert Joseph Dole, it is hereby ordered that Proclamation 10320 of December 5, 2021, is amended by deleting in the first sentence the words “until sunset on December 9, 2021” and inserting in their place the words “through Saturday, December 11.” IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10323 December 14, 2021Bill of Rights Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10323 of December 14, 2021** Bill of Rights Day, 2021 By the President of the United States of America A Proclamation More than two centuries ago, our Founders drafted the Constitution in order to create an American Government that could act with urgency on national issues without compromising individual rights and freedoms. They had the genius not only to craft such a Government but to foresee their own fallibility as well. In their foresight, they made the charter at the heart of our Nation a *living* document—including within 135 STAT. 2858 it a process by which it could be amended to evolve and keep pace with the wisdom of passing time. Opportunities to improve our Constitution have been contemplated since its inception. On December 15, 1791, three-fourths of the existing State legislatures ratified the first 10 Amendments of the Constitution—the Bill of Rights. These Amendments protect some of the most indispensable rights and liberties that define us as Americans. Though we have often struggled to live up to the promises they contain, 230 years after the ratification of the Bill of Rights, respect for human rights and fundamental freedoms remains at the center of our democracy. The Bill of Rights is important not only in the freedoms it protects but in its demonstration of America’s enduring commitment to self-improvement and striving to continuously form a “more perfect union.” Since 1791, 17 additional Amendments have been ratified for a total of 27 Amendments to the Constitution. From the 13th Amendment, which abolished slavery; to the 14th Amendment, which guaranteed birthright citizenship, promised “equal protection under the laws,” and safeguarded fundamental rights and fair process; to the several Amendments devoted to prohibiting electoral discrimination based on race, sex, age, and the inability to afford a tax; to the most recent amendment ratified in 1992 to keep members of Congress more responsive to their voters—our history of amending the Constitution illustrates that improving our democracy is the shared and constant duty of all Americans. Democracy’s greatest strength is the ability it provides its citizens to improve their system of governance, which is why democracy is uniquely suited to face the challenges of a changing world. Just as our Founders overcame their differences to form the democracy we know today, our country continues to confront its problems head-on and work together to fix them, even in the face of disagreements. Respectful disagreement is healthy and American—indeed, it is protected by the Bill of Rights itself—but there is no place in a democracy for threats or violence. Earlier this month, the United States hosted the first ever Summit for Democracy, where Governmental and non-governmental leaders from around the world came together to set forth an affirmative agenda for democratic renewal and to tackle the greatest threats faced by democracies today through collective action. By working with our democratic partners, we can meet the challenges of today and tomorrow. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 15, 2021, as Bill of Rights Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10324 December 16, 2021Wright Brothers Day, 2021 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10324 of December 16, 2021** Wright Brothers Day, 2021 By the President of the United States of America A Proclamation On December 17, 1903, Wilbur and Orville Wright achieved a feat that humankind had dreamed of since time immemorial—a sustained, controlled, powered flight that opened the skies to all humanity. Today, we honor the extraordinary achievements of the Wright Brothers and celebrate their enduring contributions to America’s unparalleled leadership in flight. Many intrepid souls had tried and failed at what the two brothers from Dayton, Ohio—inventors, engineers, dreamers—were able to achieve. After years of designing, testing, and building the Wright Flyer in their hometown workshop, they launched it into flight from the sand dunes and wind of Kitty Hawk, North Carolina on that historic day—covering 120 feet in 12 seconds and taking humankind into a new era. The first flight made history, but it was only the beginning. The Wright Brothers kept innovating. With every flight, they learned how to improve their techniques and their flying machine. As the flights lengthened, their acclaim grew, and they drew interest from people across our Nation and around the world. The Wright Brothers’ unyielding dedication, creativity, and bravery gave birth to modern aviation—skyrocketing our Nation’s leadership in flight, and inspiring generations of Americans to take to the skies. From Amelia Earhart’s daring solo flights across the Atlantic and Pacific Oceans, to the Tuskegee Airmen’s heroic defense of our country in World War II, to brave astronauts who ventured to the Moon and beyond—America’s ingenuity and innovation has continued to soar to new heights. We were the first to break the sound barrier. The first to fly non-stop around the world. Today, we are developing more sustainable fuels and energy sources for the planet, technologies to coordinate increases in air traffic, and satellite systems that can clean up manmade debris in space—and we are harnessing our resources and knowledge from decades of flight missions to take on the existential threat of climate change. And 118 years after the Wright Brothers’ flight into history, earlier this year the National Aeronautics and Space Administration’s
(NASA)historic Perseverance mission launched the Ingenuity rotorcraft—a small helicopter—10 feet above the surface of Mars. It was the first powered, controlled takeoff and landing on another celestial body. Tucked beneath the propellers was a small cloth taken from the wing of the original Wright Flyer, which now resides at the Smithsonian National Air and Space Museum in Washington, D.C. The ground over which Ingenuity hovered is now called Wright Brothers field—an everlasting reminder of America as the Nation of possibilities. As we continue to build our progress in flight and space technology, we honor our hard-working pilots, aircrews, astronauts, and aviation scientists that make flying possible across the globe. They represent some of the best of who we are as Americans—restless, bold, and optimistic. Thanks to the tenacity and uniquely American spirit of the 135 STAT. 2860 Wright Brothers and the pioneers who followed them, the skies are open and connecting people and communities around the world. The Congress, by a joint resolution approved December 17, 1963, as amended (77 Stat. 402; 36 U.S.C. 143), has designated December 17 of each year as “Wright Brothers Day,” and has authorized and requested the President to issue annually a proclamation inviting the people of the United States to observe that day with appropriate ceremonies and activities. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, do hereby proclaim December 17, 2021, as Wright Brothers Day. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10325 December 22, 202150th Anniversary of the National Cancer Act of 1971 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10325 of December 22, 2021** 50th Anniversary of the National Cancer Act of 1971 By the President of the United States of America A Proclamation Half a century ago, on December 23, 1971, policymakers, researchers, cancer survivors, and advocates gathered at the White House for the signing of the bipartisan National Cancer Act—a landmark law that has helped transform cancer research and offered hope to millions in the years since. For my family, and for most families, the fight against cancer is personal. As every family facing cancer does, we learned as much as we could about the illness our son Beau fought, from his diagnosis to the very end. Along the way, we came to understand just how quickly cancer-fighting science, medicine, and technology is progressing—saving more and more lives each year. It is thanks in no small part to the National Cancer Act of 1971 that so much of this progress has been possible. Fifty years ago, cancer screening and detection were in their infancy, treatment options were limited, and researchers worked largely in the dark. The National Cancer Act helped launch programs that form the backbone of today’s cancer research enterprise by bolstering the National Cancer Institute
(NCI)at the National Institutes of Health; establishing NCI-designated Cancer Centers; creating national networks to conduct clinical trials; and building systems to collect, share, and advance cancer data and research. After decades of investment and innovation—and because of the limitless ingenuity of the world’s finest nurses, physicians, and researchers—today we have a much more sophisticated understanding of how best to fight cancer. Thanks to new treatments and insights that could not have been imagined in generations past, the overall cancer death 135 STAT. 2861 rate in the United States has declined steadily since the early 1990s, with more dramatic declines in the past few years. Cancer touches so many families across the country. It is up to all of us to continue making progress fighting cancer and ensuring that every American has access to the quality care they need. In 2016, President Obama asked me to lead the Cancer Moonshot Initiative to end cancer as we know it, and Jill and I committed to this as one of the causes of our lives. Now, as President and First Lady, we remain committed to that mission. Today, we are more hopeful than ever about America’s chances to bring an end to cancer as we know it. To help us get there, I have asked the Congress to launch the Advanced Research Projects Agency for Health—or ARPA–H—which will invest billions of dollars to speed breakthroughs in preventing, detecting, and treating cancer and other deadly diseases. My American Rescue Plan has also expanded access to affordable health insurance coverage, ensuring that more Americans are able to receive cancer screenings and get the treatment they need without worrying about costs. My Administration will continue to build on the Affordable Care Act, so that all Americans—particularly Americans of color, Indigenous Americans, rural Americans, and others who have been historically underserved—have access to quality, affordable health care. As we commemorate the 50th anniversary of the National Cancer Act, I call upon all Americans to reaffirm our national commitment to accelerate cancer research and deliver hope to more families facing a cancer diagnosis. Working together, building on the decades of progress we have made, we can and will end cancer as we know it. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 23, 2021, as the 50th Anniversary of the National Cancer Act of 1971. I encourage citizens, government agencies, private businesses, nonprofit organizations, and other interested groups to redouble our pursuit of more effective and equitable access to prevention, diagnosis, treatment, and survivorship care for everyone affected by cancer. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10326 December 23, 2021To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10326 of December 23, 2021** To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes By the President of the United States of America A Proclamation 1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 (the “1988 Act”) (Public Law 100–418, 102 Stat. 1107, 1150 (19 U.S.C. 3005(a))) directs the United States International Trade Commis135 STAT. 2862 sion (the “Commission”) to keep the Harmonized Tariff Schedule of the United States
(HTS)under continuous review and periodically to recommend to the President such modifications to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set forth in that subsection. Pursuant to sections 1205(c) and
(d)of the 1988 Act (19 U.S.C. 3005(c) and (d)), the Commission has recommended modifications to the HTS to conform the HTS to amendments made to the International Convention on the Harmonized Commodity Description and Coding System and the Protocol thereto (the “Convention”) and to promote uniform application of the Convention. 2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) authorizes the President to proclaim modifications to the HTS based on the recommendations of the Commission under section 1205 of the 1988 Act, if the President determines that the modifications are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States. I have determined that the modifications to the HTS proclaimed in this proclamation pursuant to section 1206(a) of the 1988 Act are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States. 3. Presidential Proclamation 6763 of December 23, 1994, implemented, with respect to the United States, the trade agreements resulting from the Uruguay Round of multilateral trade negotiations, including Schedule XX–United States of America, annexed to the Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994 (Schedule XX), that were entered into pursuant to sections 1102(a) and
(e)of the 1988 Act (19 U.S.C. 2902(a) and (e)), and approved in section 101(a) of the Uruguay Round Agreements Act (the “URAA”) (Public Law 103–465, 108 Stat. 4809, 4814 (19 U.S.C. 3511(a))). 4. Pursuant to the authority provided in section 111 of the URAA (19 U.S.C. 3521) and sections 1102(a) and
(e)of the 1988 Act (19 U.S.C. 2902(a) and (e)), Proclamation 6763 included the staged reductions in rates of duty that the President determined to be necessary or appropriate to carry out the terms of Schedule XX. In order to ensure the continuation of such rates of duty for imported goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed, including certain technical or conforming changes within the tariff schedule. 5. Presidential Proclamations 7987 of February 28, 2006; 7991 of March 24, 2006; 7996 of March 31, 2006; 8034 of June 30, 2006; 8111 of February 28, 2007; 8331 of December 23, 2008; and 8536 of June 12, 2010, implemented the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA–DR) with respect to the United States and, pursuant to section 201 of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (the “CAFTA–DR Implementation Act”) (Public Law 109–53, 119 Stat. 462, 467 (19 U.S.C. 4031)), the staged reductions in rates of duty that the President determined to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3 (including the schedule of the United States duty reductions with respect to originating goods), 3.27, and 3.28 of the CAFTA–DR. In order to ensure the continuation of such staged reductions in rates of duty 135 STAT. 2863 for originating goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed. 6. Presidential Proclamation 8341 of January 16, 2009, implemented the United States-Peru Trade Promotion Agreement (USPTPA) with respect to the United States and, pursuant to section 201 of the United States-Peru Trade Promotion Agreement Implementation Act (the “USPTPA Implementation Act”) (Public Law 110–138, 121 Stat. 1455, 1459–1460 (19 U.S.C. 3805 note)), the staged reductions in duty that the President determined to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USPTPA. In order to ensure the continuation of such staged reductions in rates of duty for originating goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed. 7. Presidential Proclamation 8783 of March 6, 2012, implemented the United States-Korea Free Trade Agreement (USKFTA) with respect to the United States and, pursuant to section 201 of the United States-Korea Free Trade Agreement Implementation Act (the “USKFTA Implementation Act”) (Public Law 112–41, 125 Stat. 428, 432–433 (19 U.S.C. 3805 note)), the staged reductions in duty that the President determined to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, and the schedule of duty reductions with respect to Korea set forth in Annex 2–B, Annex 4–B, and Annex 22–A of the USKFTA. Presidential Proclamation 9834 of December 21, 2018, modified the staging of duty treatment for specific goods of Korea, pursuant to section 201(b) of the USKFTA Act, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Korea provided for by the USKFTA and to carry out an agreement with Korea modifying the staging of duty treatment for those goods. In order to ensure the continuation of such staged reductions in rates of duty for originating goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed. 8. Presidential Proclamation 8818 of May 14, 2012, implemented the United States-Colombia Trade Promotion Agreement (USCTPA) with respect to the United States and, pursuant to section 201 of the United States-Colombia Trade Promotion Agreement Implementation Act (the “USCTPA Implementation Act”) (Public Law 112–42, 125 Stat. 462, 466–67 (19 U.S.C. 3805 note)), the staged reductions in duty that the President determined to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USCTPA. In order to ensure the continuation of such staged reductions in rates of duty for originating goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed. I have also determined that a technical correction to general note 34(o) to the HTS is necessary to provide for the intended tariff treatment accorded under the USCTPA to originating goods of Colombia.135 STAT. 2864 9. Presidential Proclamation 8894 of October 29, 2012, implemented the United States-Panama Trade Promotion Agreement
(PTPA)with respect to the United States and, pursuant to section 201 of the United States-Panama Trade Promotion Agreement Implementation Act (the “PTPA Implementation Act”) (Public Law 112–43, 125 Stat. 497, 501–502 (19 U.S.C. 3805 note)), the staged reductions in duty that the President determined to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the schedule of duty reductions with respect to Panama set forth in Annex 3.3 of the PTPA. In order to ensure the continuation of such staged reductions in rates of duty for originating goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed. 10. Presidential Proclamation 10053 of June 29, 2020, implemented the Agreement between the United States of America, the United Mexican States, and Canada (USMCA) with respect to the United States and, pursuant to section 103(c)(1) of the United States-Mexico-Canada Agreement Implementation Act (the “USMCA Implementation Act”) (Public Law 116–113, 134 Stat. 11, 16 (19 U.S.C. 4513(c)(1))), it provided for the continuation of duty-free or excise treatment and staged reductions in duties as the President determined to be necessary or appropriate to carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3, the Schedule of the United States to Annex 2–B, including the appendices to that Annex, Annex 2–C, and Annex 6–A of the USMCA. In order to ensure the continuation of such staged reductions in rates of duty for originating goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed. 11. The United States Trade Representative, in a *Federal Register* notice of August 23, 2017 (82 FR 40213), announced the initiation of an investigation into certain acts, policies, and practices of China related to technology transfer, intellectual property, and innovation, pursuant to section 301 of the Trade Act of 1974 (the “Trade Act”) (Public Law 93–618, 88 Stat. 1978, 2041 (19 U.S.C 2411)). The United States Trade Representative announced in a *Federal Register* notice of April 6, 2018 (83 FR 14906), the determination that China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation are actionable under section 301(b) of the Trade Act (19 U.S.C. 2411(b)). The United States Trade Representative announced the determinations, pursuant to sections 301(b), 301(c), and 304(a) of the Trade Act (19 U.S.C. 2411(b), 2411(c), and 2414(a)), that appropriate and feasible action in this investigation includes the imposition of an additional ad valorem duty on products of China in *Federal Register* notices of June 20, 2018 (83 FR 28711), and August 16, 2018 (83 FR 40823). The United States Trade Representative announced the determinations, pursuant to section 307(a)(1) of the Trade Act (19 U.S.C. 2417(a)(1)), to modify the prior action in this investigation by imposing additional duties on products of China, in a *Federal Register* notice of September 21, 2018 (83 FR 47974, as modified by notices of September 28, 2018 (83 FR 49153), May 9, 2019 (84 FR 20459), and June 10, 2019 (84 FR 26930), and in a *Federal Register* notice of August 20, 2019 (84 FR 43304, as modified by notices of August 30, 2019 (84 FR 45821), 135 STAT. 2865 and January 22, 2020 (85 FR 3741)). In order to ensure the maintenance of such duty rates for goods under tariff categories that are being modified to reflect the amendments to the Convention, I have determined that additional conforming modifications to the HTS are necessary. 12. On April 22, 1985, the United States and Israel entered into the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel (USIFTA), which the Congress approved in section 3 of the United States-Israel Free Trade Area Implementation Act of 1985 (the “USIFTA Implementation Act”) (Public Law 99–47, 99 Stat. 82 (19 U.S.C. 2112 note)). Section 4(b) of the USIFTA Implementation Act provides that, whenever the President determines that it is necessary to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, the President may proclaim such withdrawal, suspension, modification, or continuance of any duty, or such continuance of existing duty-free or excise treatment, or such additional duties, as the President determines to be required or appropriate to carry out the USIFTA. In order to maintain the general level of reciprocal and mutually advantageous concessions with respect to agricultural trade with Israel, on July 27, 2004, the United States entered into an agreement with Israel concerning certain aspects of trade in agricultural products during the period January 1, 2004, through December 31, 2008 (United States-Israel Agreement Concerning Certain Aspects of Trade in Agricultural Products (the “2004 Agreement”)). 13. In Presidential Proclamation 7826 of October 4, 2004, the President determined, pursuant to section 4(b) of the USIFTA Implementation Act and consistent with the 2004 Agreement, that, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, it was necessary to provide duty-free access into the United States through December 31, 2008, for specified quantities of certain agricultural products of Israel. Each year from 2008 through 2020, the United States and Israel entered into agreements to extend the period that the 2004 Agreement was in force for 1-year periods to allow additional time for the two governments to conclude an agreement to replace the 2004 Agreement. To carry out the extension agreements, the President in Proclamation 8334 of December 31, 2008; 8467 of December 23, 2009; 8618 of December 21, 2010; 8770 of December 29, 2011; 8921 of December 20, 2012; 9072 of December 23, 2013; 9223 of December 23, 2014; 9383 of December 21, 2015; 9555 of December 15, 2016; 9687 of December 22, 2017; 9834 of December 21, 2018; 9974 of December 26, 2019; and 10128 of December 22, 2020; modified the HTS to provide duty-free access into the United States for specified quantities of certain agricultural products of Israel, each time for an additional 1-year period. On November 22, 2021, the United States entered into an agreement with Israel to extend the period that the 2004 Agreement is in force through December 31, 2022, and to allow for further negotiations on an agreement to replace the 2004 Agreement. Pursuant to section 4(b) of the USIFTA Implementation Act, I have determined that it is necessary, in order to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, to provide duty-free access into the United States through the close of December 135 STAT. 2866 31, 2022, for specified quantities of certain agricultural products of Israel. 14. Presidential Proclamation 7747 of December 30, 2003, implemented the United States-Singapore Free Trade Agreement (USSFTA) with respect to the United States and, pursuant to section 201 of the United States-Singapore Free Trade Agreement Implementation Act (the “USSFTA Implementation Act”) (Public Law 108–78, 117 Stat. 948, 952 (19 U.S.C. 3805 note)), incorporated in the HTS the tariff modifications and rules of origin necessary or appropriate to carry out the USSFTA. A technical error was made in the modifications to general note 25 to the HTS. I have determined that a technical correction to general note 25 to the HTS is necessary to provide for the intended tariff treatment accorded under the USSFTA to originating goods of Singapore. 15. In Presidential Proclamation 7350 of October 2, 2000, the President designated Ethiopia, the Republic of Guinea (Guinea), and the Republic of Mali
(Mali)as beneficiary sub-Saharan African countries for purposes of section 506A(a)(1) of the Trade Act, as added by section 111(a) of the African Growth and Opportunity Act (the “AGOA”) (title I of Public Law 106–200, 114 Stat. 251, 257–58 (19 U.S.C. 2466a(a)(1))). 16. Section 506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)) provides that the President shall terminate the designation of a country as a beneficiary sub-Saharan African country for purposes of section 506A if the President determines that the country is not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act. 17. Pursuant to section 506A(a)(3) of the Trade Act, I have determined that Ethiopia, Guinea, and Mali do not meet the requirements described in section 506A(a)(1) of that Act. Accordingly, I have decided to terminate the designation of Ethiopia, Guinea, and Mali as beneficiary sub-Saharan African countries for purposes of section 506A of the Trade Act, effective January 1, 2022. 18. Section 604 of the Trade Act, as amended (19 U.S.C. 2483), authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions taken thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. Section 1206(c) of the 1988 Act, as amended (19 U.S.C. 3006(c)), provides that any modifications proclaimed by the President under section 1206(a) of that Act may not take effect before the thirtieth day after the date on which the text of the proclamation is published in the *Federal Register*. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to sections 1102, 1205, and 1206 of the 1988 Act, section 111 of the URAA, section 201 of the CAFTA–DR Implementation Act, section 201 of the USPTPA Implementation Act, section 201 of the USKFTA Implementation Act, section 201 of the USCTPA Implementation Act, section 201 of the PTPA Implementation Act, section 201 of the USSFTA Implementation Act, section 103(c) of the USMCA Implementation Act, section 301 of the Trade Act, section 4(b) of the USIFTA Implementation Act, section 111(a) of the AGOA, and sections 135 STAT. 2867 506A(a)(1), 506A(a)(3), and 604 of the Trade Act, as amended, do proclaim that:
(1)In order to modify the HTS to conform it to the Convention or any amendment thereto recommended for adoption, to promote the uniform application of the Convention, to establish additional subordinate tariff categories, to make technical and conforming changes to existing provisions, and to maintain the duty treatment with respect to actions pursuant to section 301 of the Trade Act, the HTS is modified as set forth in Annexes I, II.A, and II.B of Publication 5240 of the United States International Trade Commission, entitled, “Modifications to the Harmonized Tariff Schedule of the United States under Section 1206 of the Omnibus Trade and Competitiveness Act of 1988 and for Other Purposes” (Publication 5240). Publication 5240 is incorporated by reference into this proclamation.
(2)In order to make a technical correction necessary to provide for the intended tariff treatment accorded under the USCTPA to originating goods under the USCTPA, the HTS is modified as set forth in Annex II.C of Publication 5240.
(3)In order to make a technical correction necessary to provide for the intended tariff treatment accorded under the USSFTA to originating goods under the USSFTA, the HTS is modified as set forth in Annex II.D of Publication 5240.
(4)In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for originating goods of parties to the CAFTA–DR under the CAFTA–DR that are classifiable in the provisions modified by the amendments to the HTS to conform it to the Convention, the HTS is modified as set forth in Annex III of Publication 5240.
(5)In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for originating goods of Peru under the USPTPA that are classifiable in the provisions modified by the amendments to the HTS to conform it to the Convention, the HTS is modified as set forth in Annex IV of Publication 5240.
(6)In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for originating goods of Korea under the USKFTA that are classifiable in the provisions modified by the amendments to the HTS to conform it to the Convention, the HTS is modified as set forth in Annex V of Publication 5240.
(7)In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for originating goods of Colombia under the USCTPA that are classifiable in the provisions modified by the amendments to the HTS to conform it to the Convention, the HTS is modified as set forth in Annex VI of Publication 5240.
(8)In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for originating goods of Panama under the PTPA that are classifiable in the provisions modified by the amendments to the HTS to conform it to the Convention, the HTS is modified as set forth in Annex VII of Publication 5240.135 STAT. 2868
(9)In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for originating goods of Canada and Mexico under the USMCA that are classifiable in the provisions modified by the amendments to the HTS to conform it to the Convention, the HTS is modified as set forth in Annex VIII of Publication 5240.
(10)In order to implement tariff commitments under the 2004 Agreement through December 31, 2022, the HTS is modified as set forth in Annex IX of Publication 5240.
(11)The modifications and technical rectifications to the HTS made by paragraphs
(1)through
(10)of this proclamation shall enter into effect on the applicable dates set forth in Annexes I through IX of Publication 5240.
(12)The designation of Ethiopia, Guinea, and Mali as beneficiary sub-Saharan African countries for purposes of section 506A of the Trade Act is terminated, effective January 1, 2022.
(13)In order to reflect in the HTS that beginning January 1, 2022, Ethiopia, Guinea, and Mali shall no longer be designated as beneficiary sub-Saharan African countries, general note 16(a) to the HTS is modified by deleting “Ethiopia”, “Republic of Guinea”, and “Republic of Mali (Mali)” from the list of beneficiary sub-Saharan African countries. Note 7(a) to subchapter II and note 1 to subchapter XIX of chapter 98 of the HTS are each modified by deleting “Ethiopia,”, “Guinea,”, and “Mali,” from the list of beneficiary countries. Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by deleting “Ethiopia;”, “Guinea;”, and “Republic of Mali;” from the list of lesser developed beneficiary sub-Saharan African countries.
(14)The modifications to the HTS set forth in paragraph
(13)of this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2022.
(15)Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10327 December 27, 2021Adjusting Imports of Aluminum Into the United States GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10327 of December 27, 2021** Adjusting Imports of Aluminum Into the United States By the President of the United States of America A Proclamation 1. On January 19, 2018, the Secretary of Commerce (Secretary) transmitted to the President a report on the Secretary’s investigation into the effect of imports of aluminum articles on the national security of135 STAT. 2869 the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). The Secretary found and advised the President of his opinion that aluminum articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. 2. In Proclamation 9704 of March 8, 2018 (Adjusting Imports of Aluminum Into the United States), the President concurred in the Secretary’s finding that aluminum articles are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of aluminum articles by imposing a 10 percent ad valorem tariff on such articles imported from all countries except Canada and Mexico. Proclamation 9704 further stated that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country, and noted that, should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that the President determines that imports from that country no longer threaten to impair the national security, the President may remove or modify the restriction on aluminum articles imports from that country and, if necessary, adjust the tariff as it applies to other countries, as the national security interests of the United States require. 3. In Proclamation 9710 of March 22, 2018 (Adjusting Imports of Aluminum Into the United States), the President noted the continuing discussions with the European Union
(EU)on behalf of its member countries on satisfactory alternative means to address the threatened impairment to the national security by aluminum articles imported from the EU. Recognizing that the EU has an important security relationship with the United States, the President determined that the necessary and appropriate means to address the threat to the national security posed by imports of aluminum articles from the member countries of the EU was to continue the ongoing discussions and to exempt aluminum articles imports from these countries from the tariff proclaimed in Proclamation 9704 until May 1, 2018. In Proclamation 9739 of April 30, 2018 (Adjusting Imports of Aluminum Into the United States), the President noted that, unless the President determines by further proclamation that the United States has reached a satisfactory alternative means to remove the threatened impairment to the national security by imports of aluminum articles from the member countries of the EU, the tariff proclaimed in Proclamation 9704 shall be effective June 1, 2018, for these countries. 4. The United States has successfully concluded discussions with the EU on behalf of its member countries on satisfactory alternative means to address the threatened impairment of the national security posed by aluminum articles imports from the EU. The United States and the EU have agreed to expand coordination involving trade remedies and customs matters, monitor bilateral steel and aluminum trade, cooperate on addressing non-market excess capacity, and annually review their arrangement and their ongoing cooperation. In addition, the United States and the EU will seek to conclude, by October 31, 2023, negotiations on global steel and aluminum arrangements to restore market-ori-135 STAT. 2870 ented conditions and support the reduction of carbon intensity of steel and aluminum across modes of production. 5. The United States will implement a number of actions, including a tariff-rate quota that restricts the quantity of aluminum articles imported into the United States from the EU without the application of the tariff proclaimed in Proclamation 9704. Under the arrangement, aluminum articles that area accompanied by a certificate of analysis are eligible for in-quota treatment. In my judgment, these measures will provide an effective, long-term alternative means to address any contribution by EU aluminum articles imports to the threatened impairment to the national security by restraining aluminum articles imports to the United States from the EU, limiting transshipment, and discouraging excess aluminum capacity and production. In light of this agreement, I have determined that specified volumes of eligible aluminum articles imports from the EU will no longer threaten to impair the national security and have decided to exclude such imports from the EU up to a designated quota from the tariff proclaimed in Proclamation 9704 through December 31, 2023. The United States will monitor the implementation and effectiveness of the tariff-rate quota and other measures agreed upon with the EU in addressing our national security needs, and I may revisit this determination, as appropriate. 6. The alternative means, including the tariff-rate quota, align with the recommendations specified in the Secretary’s report assessing the effect of imports of aluminum articles on the national security of the United States under section 232. The agreed-upon aggregate tariff-rate quota volume, totaling 18,000 metric tons of unwrought aluminum and 366,040 metric tons of semi-finished wrought aluminum, is consistent with the objective of reaching and sustaining a sufficient capacity utilization rate in the domestic aluminum industry. 7. In light of my determination to adjust the tariff proclaimed in Proclamation 9704 as applied to eligible aluminum articles imports from the EU, I have considered whether it is necessary and appropriate in light of our national security interests to make any corresponding adjustments to such tariff as it applies to other countries. I have determined that it is necessary and appropriate, at this time, to maintain the current tariff level as it applies to other countries. 8. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 9. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim as follows:135 STAT. 2871
(1)To establish a tariff-rate quota on imports of aluminum articles from member countries of the EU as described in paragraph 5 of this proclamation, U.S. note 19 to subchapter III of chapter 99 of the HTSUS is amended as provided for in the Annex to this proclamation. Imports of aluminum articles from member countries of the EU in excess of the tariff-rate quota quantities shall remain subject to the duties imposed by clause 2 of Proclamation 9704, as amended. The Secretary, in consultation with the United States Trade Representative and the Secretary of Homeland Security, shall recommend to the President, as warranted, updates to the in-quota volumes contained in the Annex to this proclamation. Aluminum articles from a member country of the EU imported under an exclusion granted pursuant to clause 3 of Proclamation 9704, as amended, shall count against the in-quota volume of the tariff-rate quota established in clause 1 of this proclamation.
(2)Clause 2 of Proclamation 9704, as amended, is further amended in the second sentence by deleting “and” before “(g)” and inserting before the period at the end: “, and
(h)on or after 12:01 a.m. eastern standard time on January 1, 2022, from all countries except Argentina, Australia, Canada, Mexico, and except the member countries of the European Union through 11:59 p.m. eastern standard time on December 31, 2023, for aluminum articles covered by headings 9903.85.25 through 9903.85.44, inclusive.”
(3)Aluminum articles eligible for treatment under clause 1 of this proclamation must be accompanied by a certificate of analysis in order to receive such treatment. The Secretary, in consultation with the Secretary of Homeland Security and the United States Trade Representative, is authorized to take such actions as are necessary to ensure compliance with this requirement. Failure to comply could result in applicable remedies or penalties under United States law.
(4)The modifications made by clauses 1 through 3 of this proclamation and the Annex to this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2022, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.
(5)Any imports of aluminum articles from the member countries of the EU that were admitted into a United States foreign trade zone in “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern standard time on January 1, 2022, shall be subject upon entry for consumption made on or after 12:01 a.m. eastern standard time on January 1, 2022, to the provisions of the tariff-rate quota in effect at the time of the entry for consumption.
(6)Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10328 December 27, 2021Adjusting Imports of Steel Into the United States GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10328 of December 27, 2021** Adjusting Imports of Steel Into the United States By the President of the United States of America A Proclamation 1. On January 11, 2018, the Secretary of Commerce (Secretary) transmitted to the President a report on the Secretary’s investigation into the effect of imports of steel mill articles (steel articles) on the national security of the United States under section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). The Secretary found and advised the President of his opinion that steel articles are being imported 135 STAT. 2877 into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States. 2. In Proclamation 9705 of March 8, 2018 (Adjusting Imports of Steel Into the United States), the President concurred in the Secretary’s finding that steel articles, as defined in clause 1 of Proclamation 9705, as amended by clause 8 of Proclamation 9711 of March 22, 2018 (Adjusting Imports of Steel Into the United States), are being imported into the United States in such quantities and under such circumstances as to threaten to impair the national security of the United States, and decided to adjust the imports of those steel articles by imposing a 25 percent ad valorem tariff on such articles imported from all countries except Canada and Mexico. The proclamation further stated that any country with which we have a security relationship is welcome to discuss with the United States alternative ways to address the threatened impairment of the national security caused by imports from that country, and noted that, should the United States and any such country arrive at a satisfactory alternative means to address the threat to the national security such that the President determines that imports from that country no longer threaten to impair the national security, the President may remove or modify the restriction on steel articles imports from that country and, if necessary, adjust the tariff as it applies to other countries, as the national security interests of the United States require. 3. In Proclamation 9711, the President noted the continuing discussions with the European Union
(EU)on behalf of its member countries on satisfactory alternative means to address the threatened impairment to the national security by imports of steel articles from these countries. Recognizing that the member countries of the EU have an important security relationship with the United States, the President determined that the necessary and appropriate means to address the threat to the national security posed by imports of steel articles from these countries was to continue the ongoing discussions and to exempt steel articles imports from these countries from the tariff proclaimed in Proclamation 9705 until May 1, 2018. In Proclamation 9740 of April 30, 2018 (Adjusting Imports of Steel Into the United States), the President noted that, unless the President determines by further proclamation that the United States has reached a satisfactory alternative means to remove the threatened impairment to the national security by imports of steel articles from the member countries of the EU, the tariff proclaimed in Proclamation 9705 shall be effective June 1, 2018, for these countries. 4. The United States has successfully concluded discussions with the EU on behalf of its member countries on satisfactory alternative means to address the threatened impairment of the national security posed by steel articles imports from the EU. The United States and the EU have agreed to expand coordination involving trade remedies and customs matters, monitor bilateral steel and aluminum trade, cooperate on addressing non-market excess capacity, and annually review their arrangement for alternative means and their ongoing cooperation. In addition, the United States and the EU will seek to conclude, by October 31, 2023, negotiations on global steel and aluminum arrangements to restore market-oriented conditions and support the reduction of carbon intensity of steel and aluminum across modes of production.135 STAT. 2877 5. The United States will implement a number of actions, including a tariff-rate quota that restricts the quantity of steel articles imported into the United States from the EU without the application of the tariff proclaimed in Proclamation 9705. Under the arrangement, steel articles that are melted and poured in the EU are eligible for in-quota treatment. In my judgment, these measures will provide an effective, long-term alternative means to address any contribution by EU steel articles imports to the threatened impairment of the national security by restraining steel articles imports to the United States from the EU, limiting transshipment, discouraging excess steel capacity and production, and strengthening the United States-EU partnership in a fashion that will better enable future arrangements. In light of this agreement, I have determined that specified volumes of eligible steel articles imports from the EU will no longer threaten to impair the national security and have decided to exclude such imports from the EU up to a designated quota from the tariff proclaimed in Proclamation 9705 through December 31, 2023. The United States will monitor the implementation and effectiveness of the tariff-rate quota and other measures agreed upon with the EU in addressing our national security needs, and I may revisit this determination, as appropriate. 6. The alternative means, including the tariff-rate quota, advance the recommendations contained in the Secretary’s January 2018 report. The agreed-upon aggregate tariff-rate quota volume specified in the agreement between the United States and the EU, totaling 3.3 million metric tons, is consistent with the objective of reaching and maintaining a sufficient capacity utilization rate in the domestic steel industry. 7. The United States also agreed to renew for 2 calendar years all exclusions that were granted and utilized to import steel products tariff-free from the EU in Fiscal Year 2021. These exclusions were granted by the Department of Commerce due to a lack of domestic availability of the specified products in the United States. 8. In light of my determination to adjust the tariff proclaimed in Proclamation 9705 as applied to eligible steel articles imported from the EU, I have considered whether it is necessary and appropriate in light of our national security interests to make any corresponding adjustments to such tariff as it applies to other countries. I have determined that it is necessary and appropriate, at this time, to maintain the current tariff level as it applies to other countries. 9. Section 232 of the Trade Expansion Act of 1962, as amended, authorizes the President to adjust the imports of an article and its derivatives that are being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security. 10. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTSUS) the substance of statutes affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including section 232 of the Trade Expansion Act of 1962, as amended, section 301 of title135 STAT. 2879 3, United States Code, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim as follows:
(1)To establish a tariff-rate quota on imports of steel articles from member countries of the EU as set forth in paragraph 5 of this proclamation, U.S. Note 16 of subchapter III of chapter 99 of the HTSUS is amended as provided for in the Annex to this proclamation. Imports of steel articles from member countries of the EU in excess of the tariff-rate quota quantities shall remain subject to the duties imposed by clause 2 of Proclamation 9705, as amended. The Secretary, in consultation with the United States Trade Representative and the Secretary of Homeland Security, shall recommend to the President, as warranted, updates to the in-quota volumes contained in the Annex to this proclamation.
(2)Clause 2 of Proclamation 9705, as amended, is revised to read as follows: “(2)(a) In order to establish certain modifications to the duty rate on imports of steel articles, subchapter III of chapter 99 of the HTSUS is modified as provided in the Annex to this proclamation and any subsequent proclamations regarding such steel articles.
(b)Except as otherwise provided in this proclamation, or in notices published pursuant to clause 3 of this proclamation, all steel articles imports covered by heading 9903.80.01, in subchapter III of chapter 99 of the HTSUS, shall be subject to an additional 25 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption, as follows:
(i)on or after 12:01 a.m. eastern daylight time on March 23, 2018, from all countries except Argentina, Australia, Brazil, Canada, Mexico, South Korea, and the member countries of the European Union;
(ii)on or after 12:01 a.m. eastern daylight time on June 1, 2018, from all countries except Argentina, Australia, Brazil, and South Korea;
(iii)on or after 12:01 a.m. eastern daylight time on August 13, 2018, from all countries except Argentina, Australia, Brazil, South Korea, and Turkey;
(iv)on or after 12:01 a.m. eastern daylight time on May 20, 2019, from all countries except Argentina, Australia, Brazil, South Korea, and Turkey;
(v)on or after 12:01 a.m. eastern daylight time on May 21, 2019, from all countries except Argentina, Australia, Brazil, Canada, Mexico, and South Korea; and
(vi)on or after 12:01 a.m. eastern standard time on January 1, 2022, from all countries except Argentina, Australia, Brazil, Canada, Mexico, and South Korea, and except the member countries of the European Union through 11:59 p.m. eastern standard time on December 31, 2023, for steel articles covered by headings 9903.80.65 through 9903.81.19, inclusive. Further, except as otherwise provided in notices published pursuant to clause 3 of this proclamation, all steel articles imports from Turkey covered by heading 9903.80.02, in subchapter III of chapter 99 of the HTSUS, shall be subject to a 50 percent ad valorem rate of duty with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern daylight time on August 13, 2018, and prior to 12:01 a.m. eastern daylight time on May 21, 2019. All steel articles imports covered by heading 9903.80.61, in subchapter III of chapter 99 of the HTSUS, shall be subject to the additional 25 percent ad valorem rate of duty established herein with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern time on the date specified in a determination by the Secretary 135 STAT. 2880 granting relief. These rates of duty, which are in addition to any other duties, fees, exactions, and charges applicable to such imported steel articles, shall apply to imports of steel articles from each country as specified in the preceding three sentences”.
(3)The first two sentences of clause 1 of Proclamation 9980 of January 24, 2020 (Adjusting Imports of Derivative Aluminum Articles and Derivative Steel Articles Into the United States), are revised to read as follows: “In order to establish increases in the duty rate on imports of certain derivative articles, subchapter III of chapter 99 of the HTSUS is modified as provided in Annex I and Annex II to this proclamation. Except as otherwise provided in this proclamation, all imports of derivative aluminum articles specified in Annex I to this proclamation shall be subject to an additional 10 percent ad valorem rate of duty, and all imports of derivative steel articles specified in Annex II to this proclamation shall be subject to an additional 25 percent ad valorem rate of duty, with respect to goods entered for consumption, or withdrawn from warehouse for consumption, as follows:
(i)on or after 12:01 a.m. eastern standard time on February 8, 2020, these rates of duty, which are in addition to any other duties, fees, exactions, and charges applicable to such imported derivative aluminum articles or steel articles, shall apply to imports of derivative aluminum articles described in Annex I to this proclamation from all countries except Argentina, the Commonwealth of Australia (Australia), Canada, and the United Mexican States (Mexico) and to imports of derivative steel articles described in Annex II to this proclamation from all countries except Argentina, Australia, Brazil, Canada, Mexico, and South Korea and;
(ii)on or after 12:01 a.m. eastern standard time on January 1, 2022, these rates of duty, which are in addition to any other duties, fees, exactions, and charges applicable to such imported derivative aluminum articles or steel articles, shall apply to imports of derivative aluminum articles described in Annex I to this proclamation from all countries except Argentina, Australia, Canada, the member countries of the European Union and Mexico and to imports of derivative steel articles described in Annex II to this proclamation from all countries except Argentina, Australia, Brazil, Canada, the member countries of the European Union, Mexico, and South Korea.”
(4)Steel eligible for treatment under clause 1 of this proclamation must be melted and poured in a member country of the EU in order to receive such treatment. The Secretary, in consultation with the Secretary of Homeland Security and the United States Trade Representative, is authorized to take such actions as are necessary to ensure compliance with this requirement. Failure to comply could result in applicable remedies such as the collection of the tariff set forth in clause 2 of Proclamation 9705, or penalties under United States law.
(5)Steel articles from a member country of the EU imported under an exclusion granted pursuant to clause 3 of Proclamation 9705, as amended, shall not count against the in-quota volume of the tariff-rate quota established in clause 1 of this proclamation.
(6)The Secretary is directed to renew all utilized exclusions granted pursuant to clause 3 of Proclamation 9705, as amended, in Fiscal Year 2021 (October 1, 2020, through September 30, 2021), for the import of steel articles from one or more member countries of the EU for a period135 STAT. 2881 of 2 years from the date of this proclamation. The renewed exclusions shall be for an annual volume equal to that volume imported from a member country of the EU pursuant to the exclusion in Fiscal Year 2021. The Secretary shall communicate to U.S. Customs and Border Protection of the Department of Homeland Security the exclusions and the volumes of steel articles from member countries of the EU that are allowed under this provision. The Secretary shall, by publication on the Internet, or by other means, inform importers of the availability and volume of exclusions renewed by this provision. This provision does not alter or modify in any way the ability of importers to seek additional exclusions in accordance with clause 3 of Proclamation 9705, as amended, and as implemented by the Department of Commerce, for the import of steel articles from a member country of the EU.
(7)The Secretary shall, within 45 days of the issuance of this proclamation, publish in the *Federal Register* a notice seeking comments from interested parties on the exclusion process as set forth in Supplement No. 1 to part 705 of title 15 of the Code of Federal Regulations. Issues to be included for comment should include the responsiveness of the exclusion process to market demand and enhanced consultation with United States firms and labor organizations. Within 60 days of the close of the comment period of the notice, the Secretary shall issue a proposed regulation revising the exclusion process as deemed appropriate following consideration of such comments. In carrying out the review of the exclusion process, the Secretary shall review whether the criteria for review of exclusion requests in clause 3 of Proclamation 9705 that the “steel article determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality and is also authorized to provide such relief based upon specific national security considerations” and clause 3 of Proclamation 9704 that the “aluminum article determined not to be produced in the United States in a sufficient and reasonably available amount or of a satisfactory quality and is also authorized to provide such relief based upon specific national security considerations” continues to be the appropriate criterion for making determinations. The Secretary is authorized to make such changes to the criteria as the Secretary deems necessary and shall issue a final rule implementing such changes within 60 days of the comment period on the proposed regulation.
(8)The Secretary, in coordination with the Secretary of State and the heads of other executive departments and agencies as necessary, shall establish a process to assist United States steel and aluminum consumers in identifying suppliers in those trading partners with which the United States has negotiated an arrangement under section 232 of the Trade Expansion Act of 1962, as amended, that can provide the relevant product.
(9)On a regular basis, the Department of Commerce shall publish on its website the volume of steel articles imported under exclusions issued pursuant to clause 3 of Proclamation 9705, as amended.
(10)The modifications to the HTSUS made by clause 1 of this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after 12:01 a.m. eastern standard time on January 1, 2022, and shall continue in effect, unless such actions are expressly reduced, modified, or terminated.135 STAT. 2882
(11)Any imports of steel articles from the member countries of the EU that were admitted into a United States foreign trade zone under “privileged foreign status” as defined in 19 CFR 146.41, prior to 12:01 a.m. eastern standard time on January 1, 2022, shall be subject upon entry for consumption made on or after 12:01 a.m. eastern standard time on January 1, 2022, to the provisions of the tariff-rate quota in effect at the time of the entry for consumption.
(12)Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10329 December 28, 2021Revoking Proclamation 10315 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10329 of December 28, 2021** Revoking Proclamation 10315 By the President of the United States of America A Proclamation On November 26, 2021, the World Health Organization
(WHO)Technical Advisory Group on SARS–CoV–2 Virus Evolution announced that the B.1.1.529 (Omicron) variant of SARS–CoV–2, the virus that causes coronavirus disease 2019 (COVID–19), constitutes a variant of concern. The WHO further reported that the number of cases of this variant appeared to be increasing in almost all provinces in the Republic of South Africa. On the same day that the WHO classified the Omi-135 STAT. 2893 cron variant as a variant of concern, and based on the recommendation of the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, I issued Proclamation 10315 of November 26, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019). That proclamation generally suspended and restricted the entry into the United States of noncitizens of the United States (“noncitizens”) who were physically present within the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the 14-day period preceding their entry or attempted entry into the United States. I took that action to slow the spread of the Omicron variant into the United States and to enable the United States to implement appropriate mitigation measures while new information emerged about the variant. Having learned more about the Omicron variant in the past several weeks, the CDC now recommends lifting the travel restrictions imposed in Proclamation 10315. Since I issued that proclamation, our Nation’s health officials, in collaboration with the South African scientists who originally reported the variant, have made substantial progress in understanding the Omicron variant. Importantly, scientific experts have determined that people who are vaccinated against COVID–19 are protected against severe disease and hospitalization from the Omicron variant. Moreover, the Omicron variant has now spread to more than 100 countries, and it is prevalent in the United States. At the same time, my Administration has made international travel to the United States from all countries safer in the time since I issued Proclamation 10315. In particular, the CDC has shortened the timeline for required pre-departure COVID–19 testing for fully vaccinated travelers from no more than 3 days prior to travel to no more than 1 day. As a result, international air travelers to the United States from all countries, regardless of citizenship or vaccination status, must take a COVID–19 test within 1 day of departure and show a negative test result before they board a flight to the United States. That requirement has strengthened the already stringent international travel protocols that my Administration has imposed, including requirements for noncitizens to be fully vaccinated, subject to limited exceptions, and for travelers to wear face masks on commercial conveyances and at United States transportation hubs. In light of these changed circumstances, and based on the recommendation of the CDC, I have determined that it is in the interests of the United States to revoke Proclamation 10315. The travel restrictions imposed by that proclamation are no longer necessary to protect the public health. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), hereby find that, except as provided in Proclamation 10294 of October 25, 2021 (Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic), or any other applicable proclamation, the unrestricted entry into the United States of persons described in section 1 135 STAT. 2894 of Proclamation 10315 is no longer detrimental to the interests of the United States. I therefore hereby proclaim the following: **Section 1**. *Revocation.* Proclamation 10315 is revoked. **Sec. 2**. *Review of Agency Actions.* The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall review any regulations, orders, guidance documents, policies, and any other similar agency actions developed pursuant to Proclamation 10315 and, as appropriate, shall consider revising or revoking these agency actions consistent with the policy set forth in this proclamation. **Sec. 3**. *Effective Date.* This proclamation is effective at 12:01 a.m. eastern standard time on December 31, 2021. **Sec. 4**. *General Provisions.*
(a)Nothing in this proclamation shall be construed to impair or otherwise affect:
(i)the authority granted by law to an executive department or agency, or the head thereof; or
(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10330 December 29, 2021Death of Harry Reid GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10330 of December 29, 2021** Death of Harry Reid By the President of the United States of America A Proclamation From humble roots in Searchlight, Nevada, Harry Reid rose to become one of the great Senate Majority Leaders in American history. He was a man of action, and a man of his word—guided by faith, loyalty, and unshakeable resolve. Throughout his long career of public service, Harry Reid was instrumental in passing landmark legislation that made a positive difference in the lives of countless Americans and made our Nation stronger and safer. His devoted service to our Nation was not about power for power’s sake. It was about the power to do right by the American people. As a mark of respect for his memory, I hereby order, by the authority vested in me by the Constitution and the laws of the United States of America, that on the day of his interment, the flag of the United States shall be flown at half-staff at the White House and upon all public 135 STAT. 2895 buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset on such day. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10331 December 30, 2021National Human Trafficking Prevention Month, 2022 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10331 of December 30, 2021** National Human Trafficking Prevention Month, 2022 By the President of the United States of America A Proclamation Human trafficking—whether in the form of forced labor, sex trafficking, or other offenses—is an abhorrent abuse of power and a profoundly immoral crime that strikes at the safety, health, and dignity of millions of people worldwide. During National Human Trafficking Prevention Month, we reaffirm our commitment to protect and empower survivors of all forms of human trafficking, to prosecute traffickers, and to bring an end to human trafficking in the United States and around the world. My Administration is committed to stopping human trafficking wherever it occurs. This month, we released the updated *National Action Plan to Combat Human Trafficking*—a whole-of-government approach to combating human trafficking in the United States and abroad. The plan links anti-trafficking initiatives to our wider efforts to counter illicit financing; advance gender and racial equity; expand the rights and dignity of working people; and promote safe, orderly, and humane migration. My Administration is also dedicated to ensuring that our justice system holds accountable any individuals or entities engaged in this horrendous crime—and that our domestic and global economic systems offer no safe harbor to forced labor or other abuses. In addition to helping survivors on their road to recovery, we must also learn from their expertise in order to better detect trafficking crimes that are often hidden in plain sight, bring perpetrators to justice, and improve our prevention efforts. Since human trafficking disproportionately impacts racial and ethnic minorities, women and girls, LGBTQI+ individuals, vulnerable migrants, and other historically marginalized and underserved communities, our mission to combat human trafficking must always be connected to our broader efforts to advance equity and justice across our society. During National Human Trafficking Prevention Month, let us resolve to counter injustice and fortify our commitment to pursue dignity and freedom for all people. The National Human Trafficking Hotline (1–888–373–7888) is an important resource to report a tip or ask for help. 135 STAT. 2896 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2022 as National Human Trafficking Prevention Month. I call upon businesses, civil society organizations, communities of faith, families, and all Americans to recognize the vital role we play in combating human trafficking, and to observe this month with appropriate programs and activities aimed at preventing all forms of human trafficking. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10332 December 30, 2021National Mentoring Month, 2022 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10332 of December 30, 2021** National Mentoring Month, 2022 By the President of the United States of America A Proclamation I often say that America can be defined in one word—possibilities. No matter our background or circumstance, every child in America has the right to go as far as their dreams will take them. But those dreams are rarely reached alone. We all benefit from the support, wisdom, and nurturing of mentors who navigated the path before us. By standing on the shoulders of mentors, young people have led America forward at each inflection point in our history. I will never forget the many mentors who encouraged and empowered me as a student, as a local elected official in my twenties, and as a young United States Senator finding my way. During National Mentoring Month, we honor all those parents and family members, teachers and coaches, employers and co-workers, community and faith leaders, and so many others who devote time, care, and energy to helping our young people thrive. As we continue to build back from the pandemic, my Administration is making unprecedented investments to set the next generation up for success. Earlier this year, the Department of Labor awarded $89 million through its YouthBuild program and over $20 million through its Workforce Pathways for Youth programs to dedicated mentors who share their wisdom and experience and provide employment and counseling services to young people. We also proudly support initiatives across our executive departments and agencies that provide tutoring, community service opportunities, school-based and after-school programs, summer learning and enrichment, and work-based learning opportunities. As advocate and activist Marian Wright Edelman said, “It is the responsibility of every adult—especially parents, educators, and religious leaders—to make sure that children hear what we have learned from the lessons of life and to hear over and over that we love them and that they are not alone.” Mentorship is vital to fulfilling this responsi-135 STAT. 2897 bility, expanding opportunity, and helping our children fulfill their God-given potential. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2022 as National Mentoring Month. I call upon Americans across the country to observe this month with mentoring, appropriate ceremonies, activities, and programs. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. 10333 December 30, 2021National Stalking Awareness Month, 2022 GPO Locator to USLM Converter 4.15.31;Stage2.20250702 By the President of the United States of America Proclamation **Proclamation 10333 of December 30, 2021** National Stalking Awareness Month, 2022 By the President of the United States of America A Proclamation All people deserve to feel safe and protected—whether in their home, at work or school, online, or in any other public or private spaces. During National Stalking Awareness Month, we support all those who are threatened and harmed by the pervasive crime of stalking, recognize those who raise awareness and advocate for survivors, and recommit to eradicating stalking nationwide. Stalkers employ multiple tactics to instill fear, intimidate, surveil, and exert control over the people they target. Studies show that 1 in 6 women and 1 in 17 men have been subjected to stalking in their lifetime, the majority of whom were threatened by someone they know—often a current or former intimate partner. Survivors often suffer physical, psychological, and social harms, such as higher than average rates of depression, anxiety, and insomnia. Stalking also can take a serious economic toll, as those who are stalked may have to uproot their lives at their own expense to evade their stalkers, or take unpaid time off from work in order to protect themselves and their families. In recent years, the most prevalent form of stalking crimes has involved the use of smartphones, computers, and other devices. With schools, workplaces, and social interactions relying on virtual platforms, the risk of stalking has grown considerably. As technology continues to advance, we must ensure that all people—especially women, girls, and LGBTQI+ individuals who are at greatest risk—can engage in online spaces freely and safely. We must also seek accountability for individuals or systems that perpetrate or enable stalking. Given the disproportionate impact of stalking and other forms of digital abuse on women and girls, my Administration’s National Strategy on Gender Equity and Equality includes a commitment to launch a task force to address online harassment and abuse. This task force will be specifically focused on technology-facilitated, gender-based violence and will be charged with developing concrete recommendations to im-135 STAT. 2898 prove prevention, response, and protection efforts domestically and worldwide. The task force will seek input from survivors, advocates, law enforcement professionals, civil and human rights groups, technology platforms, and other experts to ensure that those with expertise and lived experiences are able to directly inform these recommendations. My Administration has also committed to developing the first-ever National Action Plan to End Gender-Based Violence, which will further our efforts to prevent and respond to stalking and other forms of gender-based violence. This effort has been one of the central causes of my career. To address these abuses of power—stalking, domestic violence, dating violence, and sexual assault—I wrote and championed the Violence Against Women Act nearly three decades ago to begin to change our culture and ensure that survivors of these appalling crimes receive the services and support they need. Through the years, I have worked to reauthorize the Act several times—each time expanding its protections. Now, I am calling on the Congress to once again reauthorize and modernize this landmark legislation with enhanced provisions to expand the way our country responds to and prevents stalking and other forms of gender-based violence. Stalking operates in the shadows and is fueled by silence and inaction. As we begin this new year, let us commit to shining a brighter light on this insidious crime, to broadening our support for those affected, and to ensuring that all people can live in a world free from violence and fear. NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2022 as National Stalking Awareness Month. I call on all Americans to speak out against stalking and to support the efforts of advocates, courts, service providers, and law enforcement to help those who are targeted and send the message to perpetrators that this crime will not go unpunished. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of December, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth. JOSEPH R. BIDEN, JR. POPULAR NAME INDEX Page **Page** Note: Part 1 contains pages 3–1488; Part 2 contains pages 1489–2898. Each part contains entire Popular Name and Subject Indexes. *A* **Accelerating Access to Critical Therapies for ALS Act****1533** **Additional Afghanistan Supplemental Appropriations Act, 2022****1500** **Advancing Education on Biosimilars Act of 2021****254** **Afghanistan Supplemental Appropriations Act, 2022****372** **Afghanistan War Commission Act of 2021****1935** **Alaska Tourism Restoration Act****273** **American Rescue Plan Act of 2021****4** *B* **Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021****2393 ** **Blocking Deadly Fentanyl Imports Act****2447** **Build America, Buy America Act****1294** **BuyAmerican.gov Act of 2021****1309** *C* **Capitol Police Emergency Assistance Act of 2021****1522** **Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021****1493** **Confidentiality Opportunities for Peer Support Counseling Act****1470** **Congressional Budget Justification Transparency Act of 2021****337** **Consider Teachers Act of 2021****402** **Construction Consensus Procurement Improvement Act of 2021****304** **Continuing Appropriations Act, 2022****344** **COPS Counseling Act****1470** **COVID–19 Bankruptcy Relief Extension Act of 2021****249** **COVID–19 Hate Crimes Act****265** **Cyber Response and Recovery Act****1267** *D* **DEBAR Act of 2021****328** **Debarment Enforcement of Bad Actor Registrants Act of 2021****328** **Department of State Authorization Act of 2021****2341** **Department of Veterans Affairs Expiring Authorities Act of 2021****342** **Digital Equity Act of 2021****1209** **Disaster Relief Supplemental Appropriations Act, 2022****355** **Drinking Water and Wastewater Infrastructure Act of 2021****1135** *E* **Emergency Repatriation Assistance for Returning Americans Act****336** **Emergency Security Supplemental Appropriations Act, 2021****309** **Ensuring Compliance Against Drug Diversion Act of 2021****411** **Extending Government Funding and Delivering Emergency Assistance Act****344** **Extending Temporary Emergency Scheduling of Fentanyl Analogues Act****264** *F* **FASTER Act of 2021****262** **Food Allergy Safety, Treatment, Education, and Research Act of 2021****262** **Foreign Service Families Act of 2021****2388** **Further Continuing Appropriations Act, 2022****1499** **Further Extending Government Funding Act****1499** **Further Surface Transportation Extension Act of 2021****409** *H* **Harlem Hellfighters Congressional Gold Medal Act****333** **HAVANA Act of 2021****391** **Helping American Victims Afflicted by Neurological Attacks Act of 2021****391** **Hire Veteran Health Heroes Act of 2021****1491** *I* **Infrastructure Investment and Jobs Act****429** **Infrastructure Investments and Jobs Appropriations Act****1350** *J* **Jabara-Heyer NO HATE Act****266** **Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act ****1468 ** **Juneteenth National Independence Day Act****287** *K* **K–12 Cybersecurity Act of 2021****397** **Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021****266 ** *M* **Major Medical Facility Authorization Act of 2021****307** **Make PPE in America Act****1312** **Military Construction Authorization Act for Fiscal Year 2022****2161, 2315** **Minority Business Development Act of 2021****1445** *N* **National Defense Authorization Act for Fiscal Year 2022****1541** *P* **Passenger Rail Expansion and Rail Safety Act of 2021****694** **PAWS for Veterans Therapy Act****329** **PPP Extension Act of 2021****250** **Protecting America’s First Responders Act of 2021****1474** **Protecting Medicare and American Farmers from Sequester Cuts Act****1506** **Protecting Moms Who Served Act of 2021****1495** **Public Diplomacy Modernization Act of 2021****2376** **Puppies Assisting Wounded Servicemembers for Veterans Therapy Act****329** *R* **Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021****413 ** **REMOTE Act****1517** **RENACER Act****413** **Repairing Existing Public Land by Adding Necessary Trees Act****1258** **REPLANT Act****1258** **Responsible Education Mitigating Options and Technical Extensions Act****1517** *S* **SAVE LIVES Act****247** **Secure Equipment Act of 2021****423** **Senate Shared Employee Act****259** **Sgt. Ketchum Rural Veterans Mental Health Act of 2021****292** **State and Local Cybersecurity Improvement Act****1272** **Strengthening and Amplifying Vaccination Efforts to Locally Immunize All Veterans and Every Spouse Act****247 ** **Surface Transportation Extension Act of 2021****382** **Surface Transportation Investment Act of 2021****652** **Surface Transportation Reauthorization Act of 2021****443** *T* **Telecommunications Skilled Workforce Act****1246** **THRIVE Act****280** **Timely ReAuthorization of Necessary Stem-cell Programs Lends Access to Needed Therapies Act of 2021****277 ** **Training in High-demand Roles to Improve Veteran Employment Act****280** **TRANSPLANT Act of 2021****277** *V* **VA Transparency & Trust Act of 2021****1484** **Veterans and Family Information Act****1482** **Veterans’ Compensation Cost-of-Living Adjustment Act of 2021****389** **VOCA Fix to Sustain the Crime Victims Fund Act of 2021****301** *W* **West Los Angeles VA Campus Improvement Act of 2021****288** **Wildland Fire Mitigation and Management Commission Act of 2021****1250** SUBJECT INDEX Page **Page** *A*Afghanistan Additional Afghanistan Supplemental Appropriations Act, 2022 1500 Afghanistan Supplemental Appropriations Act, 2022 372 Afghanistan War Commission Act of 2021 1935 Armed Forces Members Killed in Attack on Hamid Karzai International Airport, DC, commemorative work 1924 Agriculture Agriculture, rural development, Food and Drug, and related agencies 1350 Commodity Futures Trading Commission Whistleblower Program, incentives and protection 297 Protecting Medicare and American Farmers from Sequester Cuts Act 1506 Alaska Alaska Tourism Restoration Act 273 Animals Puppies Assisting Wounded Servicemembers for Veterans Therapy Act (PAWS for Veterans Therapy Act) 329 Appropriations Agriculture, rural development, Food and Drug, and related agencies 1350 American Rescue Plan Act of 2021 4 Authorizations Armed Forces Retirement Home 2019 Defense Nuclear Facilities Safety Board 2235 Denali Commission 586 Department of State Authorization Act of 2021 2341 Major Medical Facility Authorization Act of 2021 307 Maritime Administration 2236 Military Construction Authorization Act for Fiscal Year 2022 2161, 2315 National Defense Authorization Act for Fiscal Year 2022 1541 National Nuclear Security Administration 2217 Naval petroleum reserves 2236 Surface Transportation Reauthorization Act of 2021 443 Commerce Department 1353 Commerce, Justice, Science, and related agencies 1353 Continuing 344, 1499 COVID–19, rescission 1346 Emergency 309, 344 Energy and water development, and related agencies 1358 Executive office 1381 Financial services and general government 1381 Health and Human Services Department 1411, 1412 Homeland Security Department 1383 Infrastructure Investments and Jobs Appropriations Act 1350 Interior, environment, and related agencies 1389 Labor, Health and Human Services, Education, and related agencies 1412 Passenger Rail Expansion and Rail Safety Act of 2021 694 Supplemental 355, 372, 1500 Transportation Department 1412 Transportation, Housing and Urban Development, and related agencies 1412 Armed Forces *See also* Defense and National Security Afghanistan Supplemental Appropriations Act, 2022 372 Arlington National Cemetery Chaplain Memorials, VA, updates and preservation provisions 1758 Armed Forces Members Killed in Attack on Hamid Karzai International Airport, DC, commemorative work 1924 Armed Forces Retirement Home, appropriations authorization 2019 Defense Secretary position, appointment limitation, exception 3 Harlem Hellfighters Congressional Gold Medal Act 333 Military Construction Authorization Act for Fiscal Year 2022 2161, 2315 National Cemetery interments, persons who served with Laos units or forces, eligibility 2437 National Defense Authorization Act for Fiscal Year 2022 1541 National Museum of the Surface Navy, CA, designation 1924 National Museum of the United States Navy, DC, support authority 2195 Tyndall Air Force Base construction projects authority, FL, modification 2171 United States Air Force Institute of Technology, statutory establishment 1741 United States Naval Community College, establishment and degree authority 1739 **Assad, Bashar al- ****2429** Awards, Decorations, Medals, Etc. Medals Atomic Veterans Commemorative Service Medal, establishment 1757 Congressional Gold Medals 322, 333, 1511 Distinguished Service Crosses 1756, 1757 Medals of Honor 1755, 1756 *B*Bankruptcy COVID–19 Bankruptcy Relief Extension Act of 2021 249 Banks and Banking *See also* Money and Finance Commodity Futures Trading Commission Whistleblower Program, incentives and protection 297 **Barrett, Barbara ****290** Boards, Commissions, Committees, Etc. 21st Century Energy Workforce Advisory Board, establishment 983 Advisory Board on United States Grand Strategy with respect to China, establishment 2435 Advisory Committee on Underride Protection, establishment 770 Advisory group on acquisition practices for emerging technologies pilot program, establishment 1834 Advisory Panel on Community Support for Military Families with Special Needs, expansion 1746 Afghanistan War Commission Act of 2021 1935 Alyce Spotted Bear and Walter Soboleff Commission on Native Children, report deadline, extension 341 Amtrak Board of Directors, composition and selection, modifications 697 Amtrak Food and Beverage Working Group, establishment 706 Amtrak State-Supported Route Committee, modifications 708 Appalachian Regional Commission, extension and modifications 385, 584 Blue Campaign Advisory Board, establishment 2403 Board of visitors, military academies, successor authority 1738 Casualty Assistance Reform Working Group, establishment 1774 Close Combat Lethality Task Force, alignment, reinstatement 1878 Commission on Combating Synthetic Opioid Trafficking, report deadline extension, modification 408 Commission on Planning, Programming, Budgeting, and Execution Reform, establishment 1884 Commission on the National Defense Strategy, establishment 1943 Congressional Commission on the Strategic Posture of the United States, establishment 2126 Contested Logistics Operational Energy
(CLOE)Working Group, establishment 1651 Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise, extension and modification 2077 Critical Minerals Interagency Subcommittee, modifications 981 Cross Functional Team for Anomalous Health Incidents, establishment 1877 Cybersecurity planning committees, establishment 1277 Cyprus, Greece, Israel, and the United States 3+1 Inter-parliamentary Group, establishment 2001 Defense Nuclear Facilities Safety Board, appropriations authorization 2235 Denali Commission, appropriation authorization 586 Department of Defense University Consortium for Cybersecurity and Executive Committees, improvements 2050 Digital Development Infrastructure Working Group, establishment 2051 Electric Vehicle Working Group, establishment 845 Employee Engagement Steering Committee, establishment 2396 Energy Jobs Council, establishment 1076 Federal Permitting Improvement Steering Council, designation and modifications 1288 Federal System Funding Alternative Advisory Board, establishment 627 Foreign malign influence working group, establishment 1733 Incident Determination Committees, implementation and oversight provisions 1717 Intelligent Transportation Systems Program Advisory Committee, modifications 836 Interagency Water Workforce Working Group, establishment 1171 Intermodal Transportation Advisory Board, termination 878 Internal review board, annual employee award program, establishment 2398 Joint Requirements Oversight Council, modification 1869 Joint Safety Council, establishment 1664 Joint Task Forces to Provide Support to Law Enforcement Agencies Conducting Counter-Terrorism Activities, authority extension 1889 Medical countermeasures working group, establishment 2405 Military Justice Review Panel, functionality 1726 Military Sentencing Parameters and Criteria Board, establishment 1704 Minority Business Enterprises Advisory Council, establishment 1463 Motor Carrier Safety Advisory Committee, modification and extension 758 Motorcyclist Advisory Council, establishment 812 National Driver Register Advisory Committee, termination 831 National multimodal cooperative freight research advisory committee, establishment 678 National Security Commission on Emerging Biotechnology, establishment 1929 Nontraditional and Emerging Transportation Technology Council, establishment 850 Northeast Corridor Commission, modifications 716 Nursing Home and Long-term Care Facility Strike Team, establishment 127, 218 Per- and Polyfluoroalkyl Substances
(PFAS)Task Force, establishment 1641 Primary Prevention Workforce, establishment 1722 Rural Opportunities to Use Transportation for Economic Success (ROUTES) Council, establishment 856 Secure Rural Schools Resource Advisory Committees, extension 1134 Smithsonian Institution Board of Regents, appointment 290 Space Acquisition Council, designation and modifications 2075 Sport Fishing and Boating Partnership Council, modification 889 State freight advisory committees, modifications 662 Steering Committee on Emerging Technology and National Security Threats, improvements 1595 Subcommittee on Research and Evaluation, establishment 2379 Subcommittee on the Economic and Security Implications of Quantum Information Science, establishment 2442 Suicide Prevention and Response Independent Review Committee, establishment 1801 Task force on battery producer responsibility, establishment 971 Telecommunications Interagency Working Group, establishment 1246 Transportation workforce development working group, establishment 877 Truck Leasing Task Force, establishment 764 Unidentified Aerial Phenomenon Task Force, termination 2123 United States Advisory Commission on Public Diplomacy, permanent reauthorization 2379 United States-Israel Cybersecurity Cooperation Advisory Board, establishment 2069 United States Merchant Marine Academy Advisory Council, establishment 2238 Water Reuse Interagency Working Group, establishment 1179 Wildland Fire Mitigation and Management Commission Act of 2021 1250 Women of Trucking Advisory Board, establishment 762 Working Group on Covered Resources, establishment 609 Working group on streamlining support services, establishment 2379 Budget Congressional Budget Justification Transparency Act of 2021 337 Business and Industry *See also* Small Business Build America, Buy America Act 1294 BuyAmerican.gov Act of 2021 1309 COVID–19 Bankruptcy Relief Extension Act of 2021 249 Make PPE in America Act 1312 Minority Business Development Act of 2021 1445 *C*California National Museum of the Surface Navy, designation 1924 University of California, property conveyance, modification 2203 West Los Angeles VA Campus Improvement Act of 2021 288 Canada Alaska Tourism Restoration Act 273 Cemeteries Arlington National Cemetery Chaplain Memorials, VA, updates and preservation provisions 1758 National Cemetery interments, persons who served with Laos units or forces, eligibility 2437 China Uyghur forced labor, importation of goods, prohibition 1525, 1843 Colorado Lieutenant Colonel John W. Mosley VA Clinic, designation 427 Commerce and Trade Build America, Buy America Act 1294 BuyAmerican.gov Act of 2021 1309 Commerce Department, appropriations authorization 1353 Commodity Futures Trading Commission Whistleblower Program, incentives and protection 297 PPE Extension Act of 2021 250 Uyghur forced labor, importation of goods, prohibition 1525, 1843 Commodities *See* Banks and Banking; Commerce and Trade; Money and Finance Communications and Telecommunications Broadband, miscellaneous provisions 1182 Digital Equity Act of 2021 1209 Secure Equipment Act of 2021 423 Spectrum auctions, modifications 1348 Telecommunications Skilled Workforce Act 1246 Concurrent Resolutions Capitol buildings and grounds National Peace Officers Memorial Service and National Honor Guard and Pipe Band Exhibition, authorization 2525 Rotunda **Brian D. Sicknick, lying in honor, authorization ****2454** **Robert Joseph Dole memorial service, catafalque transfer and lying in state, authorizations ****2526, 2527 ** **William F. Evans memorial service, lying in honor and catafalque transfer, authorizations ****2481, 2482 ** Enrolled bills, corrections, etc. National Defense Authorization Act for Fiscal Year 2022 (S. 1605) 2527 Federal Budget Fiscal year 2021 2454 Fiscal year 2022 2482 Joint Congressional Committee on Inaugural Ceremonies 2453 Joint sessions 2453, 2482 Congress Afghanistan War Commission Act of 2021 1935 Capitol Police Emergency Assistance Act of 2021 1522 Congressional Budget Justification Transparency Act of 2021 337 Congressional Commission on the Strategic Posture of the United States, establishment 2126 Medicare sequestration, temporary suspension, extension 251 Protecting Medicare and American Farmers from Sequester Cuts Act 1506 Rule disapprovals and repeals 294–296 Senate Shared Employee Act 259 United States Capitol Police, Congressional Gold Medals award 322 Conservation Repairing Existing Public Land by Adding Necessary Trees Act (REPLANT Act) 1258 Contracts *See* Government Contracts Controlled Substances *See* Drugs and Drug Abuse Courts Judicial districts, NC, boundary adjustments 299 COVID–19 American Rescue Plan Act of 2021 4 Appropriations, rescission 1346 COVID–19 Bankruptcy Relief Extension Act of 2021 249 COVID–19 Hate Crimes Act 265 Make PPE in America Act 1312 Strengthening and Amplifying Vaccination Efforts to Locally Immunize All Veterans and Every Spouse Act (SAVE LIVES Act) 247 Training in High-demand Roles to Improve Veteran Employment Act (THRIVE Act) 280 VA Transparency & Trust Act of 2021 1484 Crime *See* Law Enforcement and Crime Cybersecurity *See* Science and Technology *D*Defense and National Security *See also* Armed Forces All-domain Anomaly Resolution Office, establishment 2118 Defense acquisition statutes, transfer and reorganization 2131 Defense Secretary position, appointment limitation, exception 3 Department of Defense Regional Centers for Security Studies, addition 1922 Helping American Victims Afflicted by Neurological Attacks Act of 2021 (HAVANA Act of 2021) 391 Islamic State of Iraq and Syria (ISIS), counterterrorism assistance authority, extension and modification 1969 Military Construction Authorization Act for Fiscal Year 2022 2161, 2315 National Defense Authorization Act for Fiscal Year 2022 1541 National Nuclear Security Administration, appropriations authorization 2217 Naval petroleum reserves, appropriations authorization 2236 Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 (RENACER Act) 413 Science and Technology Reinvention Laboratories, statutory authorization and designation 1591 Syria vetted groups, assistance authority, extension and modification 1966 Disabled Persons Amyotrophic lateral sclerosis
(ALS)disability insurance, technical correction 246 Disaster Assistance Disaster Relief Supplemental Appropriations Act, 2022 355 Diseases Accelerating Access to Critical Therapies for ALS Act 1533 District of Columbia Commemorative Works Armed Forces Members Killed in Attack on Hamid Karzai International Airport, authorization 1924 Medal of Honor Recipients Commemorative Work, authorization 1539 National Global War on Terrorism Memorial, location clarification 2442 National Museum of the United States Navy, support authority 2195 Drugs and Drug Abuse Accelerating Access to Critical Therapies for ALS Act 1533 Agriculture, rural development, Food and Drug, and related agencies 1350 Blocking Deadly Fentanyl Imports Act 2447 Chemical entity meaning, clarification 256 Debarment Enforcement of Bad Actor Registrants Act of 2021 (DEBAR Act of 2021) 328 Department of Veterans Affairs medical facilities, controlled substances medications, disposal requirement 306 Ensuring Compliance Against Drug Diversion Act of 2021 411 Extending Temporary Emergency Scheduling of Fentanyl Analogues Act 264 *E*Economic Development *See* Business and Industry Education *See also* Fellowships and Scholarships Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 2393 Consider Teachers Act of 2021 402 K–12 Cybersecurity Act of 2021 397 Labor, Health and Human Services, Education, and related agencies, appropriations authorization 1412 Elections Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 (RENACER Act) 413 Employment and Labor Equal Employment Opportunity Commission, conciliation procedures update, congressional disapproval 294 Infrastructure Investment and Jobs Act 429 Infrastructure Investments and Jobs Appropriations Act 1350 Telecommunications Skilled Workforce Act 1246 Energy Energy and water development, and related agencies, appropriations authorization 1358 Methane emissions standards rule, congressional disapproval 295 Nuclear Energy National Nuclear Security Administration, appropriations authorization 2217 Strategic petroleum reserve, drawdown and sale 1342 Environmental Protection Climate change, miscellaneous provisions 546 Drinking Water and Wastewater Infrastructure Act of 2021 1135 Interior, environment, and related agencies, appropriations authorization 1389 Methane emissions standards rule, congressional disapproval 295 **Espinoza, David ****1511** **Evans, William “Billy” ****322** Exports and Imports Blocking Deadly Fentanyl Imports Act 2447 *F*Families *See* Children, Youth, and Families Farms and Farming *See* Agriculture Federal Buildings and Facilities Advanced Technical Intelligence Center for Human Capital Development, OH, transfer 2232 Center for Excellence on New Mobility and Automated Vehicles Project, establishment 638 Centers of Excellence for Stormwater Control Infrastructure Technologies, establishment 1175 Centers of Excellence for Transportation Resilience and Adaptation, designation 642 Colonel Carlyle “Smitty” Harris Post Office, MS, designation 325 Department of Defense Regional Centers for Security Studies, addition 1922 Frederick P. Stamp, Jr. Federal Building and United States Courthouse, WV, designation 1516 Industrial Research and Assessment Centers, expansion and modifications 1062 Industrial Research and Assessment Centers of Excellence, establishment 1065 Interagency Infrastructure Permitting Improvement Center, establishment 852 Jim Ramstad Post Office, MN, designation 327 Joseph Hayne Rainey Memorial Post Office Building, SC, designation 326 Lieutenant Colonel John W. Mosley VA Clinic, CO, designation 427 MBDA Rural Business Centers, establishment 1459 National Technical Assistance Center on Grandfamilies and Kinship Families, establishment 52 National Urban Security Technology Laboratory, designation 2402 Ocular Trauma Centers, establishment 1791 Odell Horton Federal Building, TN, designation 1515 Rail Research and Development Center of Excellence, establishment 744 Rare Earth Elements Demonstration Facility, establishment 960 Robert S. Poydasheff VA Clinic, GA, designation 425 Science and Technology Reinvention Laboratories, statutory authorization and designation 1591 United States Geological Survey Energy and Minerals Research Facility, establishment 960 Fellowships and Scholarships Barry Goldwater Scholarship and Excellence in Education Modernization Act of 2021 2393 Donald M. Payne International Development Fellowship, authorization 2374 **Feng, Daoyou ****265** Fentanyl *See* Drugs and Drug Abuse **Fillmore, Earl R., Jr. ****1756** Financial Institutions *See* Banks and Banking; Money and Finance Fires and Firefighting Wildland Fire Mitigation and Management Commission Act of 2021 1250 Florida National Pulse Memorial, designation 291 Seminole Tribe of Florida, land lease or transfer, authorization 1488 Tyndall Air Force Base construction projects authority, modification 2171 Food *See* Agriculture Foreign Relations Blocking Deadly Fentanyl Imports Act 2447 Department of State Authorization Act of 2021 2341 Donald M. Payne International Development Fellowship, authorization 2374 Foreign Service Families Act of 2021 2388 Helping American Victims Afflicted by Neurological Attacks Act of 2021 (HAVANA Act of 2021) 391 Islamic State of Iraq and Syria (ISIS), counterterrorism assistance authority, extension and modification 1969 Public Diplomacy Modernization Act of 2021 2376 Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 (RENACER Act) 413 Syria vetted groups, assistance authority, extension and modification 1966 United States-Greece Defense and Interparliamentary Partnership 1999 Uyghur forced labor, importation of goods, prohibition 1525, 1843 Forests and Forest Products Repairing Existing Public Land by Adding Necessary Trees Act (REPLANT Act) 1258 Fuel *See* Energy **Fujii, Dennis M. ****1756** *G* **Gee, Nicole ****1511** Georgia Robert S. Poydasheff VA Clinic, designation 425 **González, Delaina Ashley Yaun ****265** **Goodman, Eugene ****322** Government Contracts Build America, Buy America Act 1294 BuyAmerican.gov Act of 2021 1309 Construction Consensus Procurement Improvement Act of 2021 304 Defense acquisition statutes, transfer and reorganization 2131 Make PPE in America Act 1312 West Los Angeles VA Campus Improvement Act of 2021 288 Government Employees Foreign Service Families Act of 2021 2388 Parental bereavement leave, authorization 1953 Government Organization Advanced Research Projects Agency–Infrastructure, establishment 860 All-domain Anomaly Resolution Office, establishment 2118 Defense Secretary position, appointment limitation, exception 3 Juneteenth National Independence Day Act 287 Made in America Office, establishment 1305 Minority Business Development Agency Office of Business Centers, establishment 1448 Office of Grants Management, designation 1462 Regional offices, establishment 1449 Rural Business Centers, establishment 1459 Statutory authority and modifications 1448 Office of Clean Energy Demonstrations, establishment 1130 Office of Corrosion Policy and Oversight, employee training, requirements 1823 Office of Hearings and Appeals, authority 1852 Office of International Disability Rights, establishment 2345 Office of Local Defense Community Cooperation, clarification 1868 Office of Multimodal Freight Infrastructure and Policy, establishment 652 Office of Public Participation, modifications 1049 Office of Security Cooperation in Iraq, support authority, extension and modification 1971 Office of Tribal Government Affairs, establishment 651 Rural Opportunities to Use Transportation for Economic Success (ROUTES) Office, establishment 855 **Grant, Hyun Jung ****265** Grants Broadband, miscellaneous provisions 1182 Consider Teachers Act of 2021 402 Digital Equity Act of 2021 1209 State and Local Cybersecurity Improvement Act 1272 Greece United States-Greece Defense and Interparliamentary Partnership 1999 *H*Hazardous Materials *See* Environmental Protection; Safety Health and Health Care Accelerating Access to Critical Therapies for ALS Act 1533 Advancing Education on Biosimilars Act of 2021 254 Amyotrophic lateral sclerosis
(ALS)disability insurance, technical correction 246 Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act of 2021) 262 Health and Human Services Department, appropriations authorization 1411, 1412 Medicare and Medicaid Medicare sequestration, temporary suspension, extension 251 Protecting Medicare and American Farmers from Sequester Cuts Act 1506 Rural health clinic payments and hospital share, technical corrections 251 Timely ReAuthorization of Necessary Stem-cell Programs Lends Access to Needed Therapies Act of 2021 (TRANSPLANT Act of 2021) 277 Highways *See* Transportation Historic Preservation Memorials and Museums National Global War on Terrorism Memorial, DC, location clarification 2442 National Museum of the Surface Navy, CA, designation 1924 National Museum of the United States Navy, DC, support authority 2195 Homeland Security Cyber Response and Recovery Act 1267 Homeland Security Department, appropriations authorization 1383 K–12 Cybersecurity Act of 2021 397 Security provisions 2396 State and Local Cybersecurity Improvement Act 1272 **Hoover, Taylor ****1511** Hospitals *See* Health and Health Care Housing Transportation, Housing and Urban Development, and related agencies, appropriations authorization 1412 Human Rights Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 (RENACER Act) 413 Uyghur forced labor, importation of goods, prohibition 1525, 1843 *I*Indians *See* Native Americans Insurance Amyotrophic lateral sclerosis
(ALS)disability insurance, technical correction 246 Intergovernmental Relations Digital Equity Act of 2021 1209 State and Local Cybersecurity Improvement Act 1272 International Agreements *See* Foreign Relations Iraq Islamic State of Iraq and Syria (ISIS), counterterrorism assistance authority, extension and modification 1969 *J*Jobs *See* Employment and Labor **Johnson, Charles R. ****1755** Juneteenth Juneteenth National Independence Day Act 287 *K* **Kaneshiro, Edward N. ****1756** **Kim, Suncha ****265** **Knauss, Ryan ****1511** *L*Land Conveyances *See also* Public Lands; Real Property Joint Base Cape Cod, MA, land conveyance 2204 Marine Corps Air Station, NC, land conveyance 2208 Missouri land conveyances 2205, 2206 Naval Air Station, VA, land conveyances 2210, 2211 University of California, property conveyance, modification 2203 Law Enforcement and Crime Capitol Police Emergency Assistance Act of 2021 1522 Commerce, Justice, Science, and related agencies, appropriations authorization 1353 Confidentiality Opportunities for Peer Support Counseling Act (COPS Counseling Act) 1470 COVID–19 Hate Crimes Act 265 Jaime Zapata and Victor Avila Federal Officers and Employees Protection Act 1468 Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021 (Jabara-Heyer NO HATE Act) 266 Protecting America’s First Responders Act of 2021 1474 United States Capitol Police, Congressional Gold Medals award 322 VOCA Fix to Sustain the Crime Victims Fund Act of 2021 301 **Liebengood, Howard ****322** **Lopez, Hunter ****1511** *M* **Mabry, Robert L. ****1757** **Macejunas, John G. ****1757** Manufacturers *See* Business and Industry Maritime Affairs Alaska Tourism Restoration Act 273 Maritime Administration, appropriations authorization 2236 Massachusetts Joint Base Cape Cod, land conveyance 2204 **McCollum, Rylee ****1511** Medals *See* Awards, Decorations, Medals, Etc. Medicare and Medicaid *See* Health and Health Care Memorials *See* Historic Preservation; National Parks, Memorials, Monuments, Etc. **Merola, Dylan ****1511** **Michels, Paul Andre ****265** Minnesota Jim Ramstad Post Office, designation 327 Minorities Government Accountability Office, race and ethnic disparities in veterans’ benefits and claims, study requirement 1489 Minority Business Development Act of 2021 1445 Mississippi Colonel Carlyle “Smitty” Harris Post Office, designation 325 Missouri Land conveyances 2205, 2206 Money and Finance *See also* Banks and Banking Commodity Futures Trading Commission Whistleblower Program, incentives and protection 297 Congressional Budget Justification Transparency Act of 2021 337 Emergency Repatriation Assistance for Returning Americans Act 336 Financial services and general government, appropriations authorization 1381 Public Debt Limit Expedited procedures 1508 Increases 407, 1514 Museums *See* Historic Preservation; National Parks, Memorials, Monuments, Etc. *N* **Nakamura, Wataru ****1755** National Parks, Memorials, Monuments, Etc. National Cemeteries Arlington National Cemetery Chaplain Memorials, VA, updates and preservation provisions 1758 National Cemetery interments, persons who served with Laos units or forces, eligibility 2437 National Memorials National Global War on Terrorism Memorial, DC, location clarification 2442 National Pulse Memorial, FL, designation 291 National Museums National Medal of Honor Museum Foundation, commemorative work, authorization 1539 National Museum of the Surface Navy, CA, designation 1924 National Museum of the United States Navy, DC, support authority 2195 National Trails System September 11th National Memorial Trail Route, designation 400 Native Americans Broadband, miscellaneous provisions 1182 Catawba Indian Nation lands, NC, status 2445 Seminole Tribe of Florida, land lease or transfer, authorization 1488 New York September 11th National Memorial Trail Route, designation 400 Nicaragua Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021 (RENACER Act) 413 **Nikoui, Kareem ****1511** North Carolina Catawba Indian Nation lands, status 2445 Judicial districts, boundary adjustments 299 Marine Corps Air Station, land conveyance 2208 Nuclear Energy *See* Energy Nutrition *See* Health and Health Care *O*Ohio Advanced Technical Intelligence Center for Human Capital Development, transfer 2232 Oil *See* Energy; Petroleum and Petroleum Products Opioids *See* Drugs and Drug Abuse **Orig, Bruno R. ****1756** *P* **Page, Daegan William-Tyeler ****1511** Pandemic *See* COVID–19 **Park, Soon Chung ****265** Patriotic Commemorations, Observances, and Organizations Commemorative Works Armed Forces Members Killed in Attack on Hamid Karzai International Airport, DC, authorization 1924 Medal of Honor Recipients, authorization 1539 National Atomic Veterans Day, observance 1924 Pennsylvania September 11th National Memorial Trail Route, designation 400 Petroleum and Petroleum Products *See also* Energy Naval petroleum reserves, appropriations authorization 2236 Strategic petroleum reserve, drawdown and sale 1342 **Pichardo, Johanny Rosario ****1511** President Executive office, appropriations authorization 1381 National Atomic Veterans Day, observance 1924 Proclamations Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic 2808 Attacks and tragedies Atlanta Metropolitan Area, GA, victims 2578 Boulder, CO, victims 2582 Indianapolis, IN, victims 2609 Kabul, Afghanistan, victims 2698 San Jose, CA, victims 2665 United States Capitol Police Officers, honoring 2531, 2601 Deaths Colin Powell 2806 Harry Reid 2894 Robert Joseph Dole 2855, 2857 Walter Mondale 2614 Emergency declarations Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction 2555 Immigration Ending Discriminatory Bans on Entry to the United States 2553 Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 2557, 2846 Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Democracy in Nicaragua 2836 Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 2636 Terminating Suspensions of Entry Into the United States of Aliens Who Have Been Physically Present in the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil 2542 National Monuments Bears Ears National Monument 2766 Grand Staircase-Escalante National Monument 2781 Northeast Canyons and Seamounts Marine National Monument 2796 Revocations Proclamation 9945 2653 Proclamation 10014 2567 Proclamation 10315 2892 Special Observances 160th Anniversary of the Unification of Italy and the Establishment of United States-Italy Diplomatic Relations 2609 50th Anniversary of the 26th Amendment 2685 50th Anniversary of the National Cancer Act of 1971 2860 60th Anniversary of the Freedom Rides 2641 Adoption Month 2816 Agriculture Day 2580 Alzheimer’s Disease Awareness Month 2817 American Education Week 2832 American Heart Month 2563 American Red Cross Month 2569 Americans With Disabilities Act, anniversary 2692 America Recycles Day 2835 Antibiotic Awareness Week 2840 Apprenticeship Week 2833 Armed Forces Day 2655 Arts and Humanities Month 2739 Asian American and Native Hawaiian/Pacific Islander Heritage Month 2620 Atomic Veterans Day 2686 Bill of Rights Day 2857 Black History Month 2564 Black Maternal Health Week 2606 Black Music Appreciation Month 2669 Blind Americans Equality Day 2801 Breast Cancer Awareness Month 2740 Building Safety Month 2623 Cancer Control Month 2589 Captive Nations Week 2687 Caribbean-American Heritage Month 2673 César Chávez Day 2586 Character Counts Week 2803 Child Abuse Prevention Month 2591 Child Health Day 2755 Childhood Cancer Awareness Month 2701 Child’s Day 2842 Clean Energy Action Month 2742 College Application Month 2819 Colorectal Cancer Awareness Month 2571 Columbus Day 2760 Community Policing Week 2753 Constitution Day and Citizenship Day, and Constitution Week 2727 Consumer Protection Week 2575 Crime Victims’ Rights Week 2610 Critical Infrastructure Security and Resilience Month 2814 Cybersecurity Awareness Month 2737 Day of Prayer 2645 Day of Remembrance: 100 Years After the 1921 Tulsa Race Massacre 2667 Day of Unity 2551 Days of Prayer and Remembrance 2716 Days of Remembrance of Victims of the Holocaust 2599 Defense Transportation Day and Transportation Week 2658 Diabetes Month 2820 Disability Employment Awareness Month 2743 Domestic Violence Awareness and Prevention Month 2745 Donate Life Month 2592 Earth Day 2615 Education and Sharing Day, U.S.A. 2581 Emergency Medical Services Week 2656 Employer Support of the Guard and Reserve Week 2695 Entrepreneurship Month 2822 Equal Pay Day 2584 Fair Housing Month 2604 Family Caregivers Month 2824 Family Week 2844 Farm Safety and Health Week 2731 Father’s Day 2683 Financial Capability Month 2594 Fire Prevention Week 2751 Flag Day and Flag Week 2679 Forest Products Week 2804 Former Prisoner of War Recognition Day 2603 Foster Care Month 2625 General Pulaski Memorial Day 2761 German-American Day 2757 Gold Star Mother’s Day and Family’s Day 2734 Grandparents Day 2722 Great Outdoors Month 2670 Greek Independence Day: A National Day of Celebration of Greek and American Democracy 2583 Health Center Week 2693 Hepatitis Testing Day 2661 Hispanic Heritage Month 2725 Hispanic-Serving Institutions Week 2724 Historically Black Colleges and Universities Week 2712 Homeownership Month 2675 Human Rights Day and Human Rights Week 2855 Human Trafficking Prevention Month 2895 Hunting and Fishing Day 2732 Hurricane Preparedness Week 2647 Immigrant Heritage Month 2676 Impaired Driving Prevention Month 2850 Indigenous Peoples’ Day 2762 International Day of Persons With Disabilities 2853 International Day of the Girl 2764 Irish-American Heritage Month 2570 Jewish American Heritage Month 2622 Juneteenth Day of Observance 2682 Korean War Veterans Armistice Day 2690 Labor Day 2714 Law Day, U.S.A. 2633 Leif Erikson Day 2759 Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month 2672 Loyalty Day 2635 Made in America Week 2689 Manufacturing Day 2750 Maritime Day 2664 Martin Luther King, Jr., Federal Holiday 2538 Mental Health Awareness Month 2626 Mentoring Month 2896 Military Spouse Appreciation Day 2646 Minority Enterprise Development Week 2729 Missing and Murdered Indigenous Persons Awareness Day 2642 Month of the Military Child 2588 Mother’s Day 2650 Native American Heritage Month 2825 Ocean Month 2678 Older Americans Month 2639 Ovarian Cancer Awareness Month 2703 Overdose Awareness Week 2699 Pan American Day and Pan American Week 2607 Park Week 2613 Patriot Day and Day of Service and Remembrance 2721 Peace Officers Memorial Day and Police Week 2652 Peace Officers’ Memorial Service 2803 Pearl Harbor Remembrance Day 2854 Physical Fitness and Sports Month 2628 Poison Prevention Week 2578 POW/MIA Recognition Day 2728 Prayer for Peace, Memorial Day 2666 Preparedness Month 2704 Prostate Cancer Awareness Month 2706 Public Health Week 2601 Public Lands Day 2733 Public Service Recognition Week 2632 Read Across America Day 2576 Recovery Month 2708 Religious Freedom Day 2536 Remembering the 500,000 Americans Lost to COVID–19 2567 Rural Health Day 2841 Safe Boating Week 2662 Sanctity of Human Life Day 2539 School Choice Week 2541 School Lunch Week 2758 Second Chance Month 2597 Sexual Assault Prevention and Awareness Month 2595 Sickle Cell Awareness Month 2709 Small Business Week 2719 Stalking Awareness Month 2897 Teacher Appreciation Day and Teacher Appreciation Week 2630 Teen Dating Violence Awareness and Prevention Month 2566 Thanksgiving Day 2845 Transgender Day of Visibility 2587 United Nations Day 2807 Veterans and Military Families Month 2827 Veterans Day 2830 Volunteer Week 2611 Voter Registration Day 2736 Wilderness Month 2710 Women’s Equality Day 2696 Women’s Health Week 2649 Women’s History Month 2573 Workers Memorial Day 2618 World AIDS Day 2851 World Autism Awareness Day 2598 World Elder Abuse Awareness Day 2680 World Freedom Day 2828 World Intellectual Property Day 2617 World Suicide Prevention Day 2717 World Trade Week 2659 Wright Brothers Day 2859 Youth Justice Action Month 2747 Youth Substance Use Prevention Month 2748 Tariffs Adjusting Imports of Aluminum Into the United States 2544, 2561, 2868 Adjusting Imports of Steel Into the United States 2876 Harmonized Tariff Schedule, modifications 2861 To Continue Facilitating Positive Adjustment to Competition From Imports of Large Residential Washers 2531 Public Debt *See* Money and Finance Public Information Congressional Budget Justification Transparency Act of 2021 337 Public Lands *See also* Land Conveyances Interior, environment, and related agencies, appropriations authorization 1389 Repairing Existing Public Land by Adding Necessary Trees Act (REPLANT Act) 1258 *R*Railroads *See* Transportation Real Property *See also* Land Conveyances Advanced Technical Intelligence Center for Human Capital Development, OH, transfer 2232 Seminole Tribe of Florida, land lease or transfer, authorization 1488 Reforestation *See* Forests and Forest Products Repatriation Emergency Repatriation Assistance for Returning Americans Act 336 Research and Development Accelerating Access to Critical Therapies for ALS Act 1533 Timely ReAuthorization of Necessary Stem-cell Programs Lends Access to Needed Therapies Act of 2021 (TRANSPLANT Act of 2021) 277 *S*Safety *See also* Hazardous Materials Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act of 2021) 262 Passenger Rail Expansion and Rail Safety Act of 2021 694 **Sanchez, Humberto ****1511** **Schmitz, Jared ****1511** Science and Technology Broadband, miscellaneous provisions 1182 Commerce, Justice, Science, and related agencies, appropriations authorization 1353 Cyber Response and Recovery Act 1267 Digital Equity Act of 2021 1209 K–12 Cybersecurity Act of 2021 397 State and Local Cybersecurity Improvement Act 1272 Timely ReAuthorization of Necessary Stem-cell Programs Lends Access to Needed Therapies Act of 2021 (TRANSPLANT Act of 2021) 277 Securities *See* Commerce and Trade **Shaver, Kenneth ****322** Ships and Shipping *See* Maritime Affairs; Transportation **Sicknick, Brian ****322** Small Business *See also* Business and Industry COVID–19 Bankruptcy Relief Extension Act of 2021 249 PPP Extension Act of 2021 250 **Smith, Jeffrey ****322** Smithsonian Institution Board of Regents, appointment 290 South Carolina Joseph Hayne Rainey Memorial Post Office Building, designation 326 **Soviak, Maxton ****1511** State and Local Governments *See* Intergovernmental Relations Syria Islamic State of Iraq and Syria (ISIS), counterterrorism assistance authority, extension and modification 1969 Syria vetted groups, assistance authority, extension and modification 1966 *T* **Tan, Xiaojie ****265** Technology *See* Science and Technology Tennessee Odell Horton Federal Building, designation 1515 Terrorism Islamic State of Iraq and Syria (ISIS), counterterrorism assistance authority, extension and modification 1969 National Global War on Terrorism Memorial, DC, location clarification 2442 **Thetford, William F. ****1757** Transportation Highways Further Surface Transportation Extension Act of 2021 409 Highway Trust Fund, extension 1327 Surface Transportation Extension Act of 2021 382 Surface Transportation Reauthorization Act of 2021 443 Infrastructure Investment and Jobs Act 429 Infrastructure Investments and Jobs Appropriations Act 1350 Railroads and Railways Passenger Rail Expansion and Rail Safety Act of 2021 694 Surface Transportation Investment Act of 2021 652 Transportation Department, appropriations authorization 1412 *U*Urban and Rural Areas Agriculture, rural development, Food and Drug, and related agencies 1350 Transportation, Housing and Urban Development, and related agencies, appropriations authorization 1412 Uyghur *See* China *V*Vessels *See* Maritime Affairs Veterans Arlington National Cemetery Chaplain Memorials, VA, updates and preservation provisions 1758 Armed Forces Retirement Home, appropriations authorization 2019 Colonel John M. McHugh Tuition Fairness for Survivors Act of 2021 1493 Department of Veterans Affairs Expiring Authorities Act of 2021 342 Department of Veterans Affairs, medical facilities, camera use, report requirement 1486 Department of Veterans Affairs, medical facilities, controlled substances medications, disposal requirement 306 Government Accountability Office, race and ethnic disparities in veterans’ benefits and claims, study requirement 1489 Hire Veteran Health Heroes Act of 2021 1491 Major Medical Facility Authorization Act of 2021 307 National Atomic Veterans Day, observance 1924 National Cemetery interments, persons who served with Laos units or forces, eligibility 2437 Open burn pit registry, expansion 2438 Protecting Moms Who Served Act of 2021 1495 Puppies Assisting Wounded Servicemembers for Veterans Therapy Act (PAWS for Veterans Therapy Act) 329 Responsible Education Mitigating Options and Technical Extensions Act (REMOTE Act) 1517 Sgt. Ketchum Rural Veterans Mental Health Act of 2021 292 Strengthening and Amplifying Vaccination Efforts to Locally Immunize All Veterans and Every Spouse Act (SAVE LIVES Act) 247 Training in High-demand Roles to Improve Veteran Employment Act (THRIVE Act) 280 VA Transparency & Trust Act of 2021 1484 Veterans and Family Information Act 1482 Veterans’ Compensation Cost-of-Living Adjustment Act of 2021 389 West Los Angeles VA Campus Improvement Act of 2021 288 Virginia Arlington National Cemetery Chaplain Memorials, updates and preservation provisions 1758 Naval Air Station, land conveyances 2210, 2211 September 11th National Memorial Trail Route, designation 400 *W*Washington Alaska Tourism Restoration Act 273 Water Drinking Water and Wastewater Infrastructure Act of 2021 1135 Energy and water development, and related agencies, appropriations authorization 1358 West Virginia Frederick P. Stamp, Jr. Federal Building and United States Courthouse, designation 1516 Women Protecting Moms Who Served Act of 2021 1495 **Wright, Susan M. ****311** *Y* **Yue, Yong Ae ****265**
Connectionstraces to 612
Traces to 612 documents
public-private-law
- National Defense Authorization Act for Fiscal Year 2022Public Law 117-81
- John S. McCain National Defense Authorization Act for Fiscal Year 2019Public Law 115-232
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- National Defense Authorization Act for Fiscal Year 2018Public Law 115-91
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- National Defense Authorization Act for Fiscal Year 2016Public Law 114-92
- Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015Public Law 113-291
- National Defense Authorization Act for Fiscal Year 2014Public Law 113-66
- Veterans Benefits and Transition Act of 2018Public Law 115-407
- Consolidated Appropriations Act, 2021Public Law 116-260
- Iraq and Syria Genocide Relief and Accountability Act of 2018Public Law 115-300
- Taiwan Travel ActPublic Law 115-135
- Women, Peace, and Security Act of 2017Public Law 115-68
- Consolidated Appropriations Act, 2016Public Law 114-113
- FAA Reauthorization Act of 2018Public Law 115-254
- National Aeronautics and Space Administration Transition Authorization Act of 2017Public Law 115-10
- Consolidated Appropriations Act, 2018Public Law 115-141
- Merchant Mariners of World War II Congressional Gold Medal Act of 2020Public Law 116-125
- Department of State Authorities Act, Fiscal Year 2017Public Law 114-323
- Sean and David Goldman International Child Abduction Prevention and Return Act of 2014Public Law 113-150
- Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020Public Law 116-123
- Global War on Terrorism War Memorial ActPublic Law 115-51
- Bipartisan Budget Act of 2019Public Law 116-37
- United States-Mexico-Canada Agreement Implementation ActPublic Law 116-113
U.S. Code
- Definitions§ 101
- Policy; composition; aircraft authorization§ 9062
- National Defense Science and Technology Strategy§ 118c
- Renumbered § 4571]§ 2223a
- Renumbered § 4001]§ 2358
- SHORT TITLE§ 4001
- Defense Research and Development Rapid Innovation Program§ 4061
- Defense Established Program to Stimulate Competitive Research§ 4010
- Science and technology reinvention laboratories: authority and designation§ 4121
- Emergency essential employees: designation§ 1580
- Ballistic missile defense programs: procurement§ 223a
- Centers for Science, Technology, and Engineering Partnership§ 4124
- Authorities for certain positions at science and technology reinvention laboratories§ 4091
- Responsibilities and authorities of the Director of National Intelligence§ 3024
- Definitions§ 3003
- Department of Defense§ 4653
- Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education§ 4144
- Regional Centers for Security Studies§ 342
- General definition of institution of higher education§ 1001
- Major systems and munitions programs: survivability testing and lethality testing required before full-scale production§ 4172
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1806(d), Jan. 1, 2021, 134 Stat. 4155]§ 2302
- Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation§ 4007
- Definitions§ 632
- Repealed. Pub. L. 119–60, div. A, title VIII, § 811(a)(1), Dec. 18, 2025, 139 Stat. 948]§ 4571
- National Defense Sustainment and Logistics Review§ 118b
- Master plans for major military installations§ 2864
- Annual report on energy performance, resilience, and readiness of Department of Defense§ 2925
- Energy efficiency targets for data centers§ 2921
- Environmental restoration program§ 2701
- Agreements to limit encroachments and other constraints on military training, testing, and operations§ 2684a
- CLARIFYING AMENDMENT§ 2911
- National security strategy for national technology and industrial base§ 4811
- Secretary of Defense§ 113
- Climate Security Advisory Council§ 3060
- Department of Defense Climate Resilience Infrastructure Initiative§ 2285
- Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force§ 2714
- Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard§ 2715
- PFAS destruction and disposal guidance§ 8961
- Definitions§ 300f
- Installation-support services: intergovernmental support agreements§ 2679
- Global bulk fuel management and delivery§ 2927
- Liquid fuels and natural gas: contracts for storage, handling, or distribution§ 2922
- Minimum capital investment for certain depots§ 2476
- Secretary of the Navy§ 8013
- Theft or loss of ammunition, destructive devices, and explosives: report to Secretary of the Treasury§ 2722
- Civilian Protection Center of Excellence§ 184
- Purpose of this chapter§ 1071
- Property management contracts and leases§ 7554
- Promotion of health and prevention of accidents§ 8605
- Regulations§ 3062
- Prohibition on private funding for interstate deployment§ 329
- Procedure for declaration§ 5170
- Secretary of the Army§ 7013
- Definitions§ 901
- Definitions§ 311
- Enlistments: recruiting campaigns; compilation of directory information§ 503
- Nationals and citizens of United States at birth§ 1401
- Preseparation counseling; transmittal of certain records to Department of Veterans Affairs§ 1142
- Definitions§ 2871
- Short title; Congressional declaration of policy§ 3801
- Authorized enlisted end strength: members in pay grades E–8 and E–9§ 517
- Art. 24a. Special trial counsel§ 824a
- Policies with respect to special trial counsel§ 1044f
- Article 1. Definitions§ 801
- Art. 134. General article§ 934
- Art. 56. Sentencing§ 856
- Art. 53. Findings and sentencing§ 853
- Complaints of sexual harassment: independent investigation§ 1561
- Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense§ 1562a
- Art. 6b. Rights of the victim of an offense under this chapter§ 806b
- Special Victims’ Counsel for victims of sex-related offenses§ 1044e
- Office of Military Family Readiness Policy§ 1781
- Art. 27. Detail of trial counsel and defense counsel§ 827
- Art. 146. Military Justice Review Panel§ 946
- Repealed. Pub. L. 118–159, div. A, title V, § 566(b)(1), Dec. 23, 2024, 138 Stat. 1905]§ 486
- Inspector General§ 141
- Foreign Malign Influence Center§ 3059
- Human relations training§ 2001
- Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate§ 7442a
- Midshipmen: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate§ 8454a
- Cadets: nomination in event of death, resignation, or expulsion from office of Member of Congress otherwise authorized to nominate§ 9442a
- United States Naval Community College: establishment and degree granting authority§ 8595
- United States Air Force Institute of Technology: establishment§ 9413
- Establishment; Superintendent; faculty§ 7431
- Definitions§ 2151
- Office of Special Needs§ 1781c
- Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees§ 7703b
- Definitions§ 7713
- Impact aid for children with severe disabilities§ 7703a
- Employment opportunities for military spouses§ 1784
- Department of Defense policy and plans for military family readiness§ 1781b
- Payments for eligible federally connected children§ 7703
- Definitions§ 7801
- Definitions§ 1401
- Clothing allowance: enlisted members§ 418
- Memorial areas in Arlington National Cemetery§ 2409
- Basic needs allowance for members on active service in the Armed Forces§ 402b
- Special and incentive pay authorities for members of the reserve components of the armed forces§ 357
- PRESERVATION OF TITLE TO SUNKEN MILITARY CRAFT AND ASSOCIATED CONTENTS.§ 1401
- Entitlement and accumulation§ 701
- Funding for military child care§ 1791
- Recreation passes§ 6804
- Description of program§ 1395c
- Identifying and treating eating disorders§ 1090a
- Contracts for medical care for spouses and children: plans§ 1079
- TRICARE Select§ 1075
- Pharmacy benefits program§ 1074g
- Administration of Defense Health Agency and military medical treatment facilities§ 1073c
- Health care fraud and abuse prevention program§ 1073f
- Shared medical facilities with Department of Veterans Affairs§ 1104a
- Regulation of biological products§ 262
- System for tracking and recording vaccine information; anthrax vaccine immunization program§ 1110
- Administration of this chapter§ 1073
- Military medical treatment facilities§ 1073d
- Military-civilian health services partnership program; medical surge program§ 1096
- Acquisition workforce educational partnerships§ 1746a
- Executive department§ 111
- Renumbered § 4875]§ 2533e
- Renumbered § 3458]§ 2380c
- Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures§ 3458
- Required cost or pricing data and certification§ 3702
- Certain multiyear contracts for acquisition of property: budget justification materials§ 239c
- Promotion of labor standards of apprenticeship§ 50
- Renumbered § 4506]§ 2329
- Research projects: transactions other than contracts and grants§ 4021
- Technology protection features activities§ 4067
- Renumbered § 4832]§ 2514
- Congressional findings and declaration of policy§ 4701
- Mineral security§ 1606
- Congressional statement of findings; “materials” defined§ 1601
- Definitions§ 2302
- Definitions§ 3102
- Renumbered § 4901]§ 2283
- Research and development§ 638
- Use of partnership intermediaries§ 3715
- Simplified acquisition procedures§ 1901
- Service credit: officers may not count service performed while serving as cadet or midshipman§ 971
- General powers§ 634
- HUBZone program§ 657a
- Department of Defense small business strategy§ 4901
- Future-years defense program: submission to Congress; consistency in budgeting§ 221
- Secretary of Defense: authority to provide for common performance of supply or service activities§ 191
- Deputy Secretary of Defense§ 132
- Short title§ 4501
- Use of procedures other than competitive procedures§ 3204
- Office of Local Defense Community Cooperation§ 198
- Renumbered § 198]§ 146
- Performance Improvement Officer§ 132a
- Assistant Secretaries of the Air Force§ 9016
- General policy for total force management§ 129a
- Use of information collected during military operations§ 271
- Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair§ 8039
- Assessments required prior to start of construction on first ship of a shipbuilding program§ 8669c
- Classification§ 8661
- Limitation on decommissioning or inactivating a battle force ship before the end of expected service life§ 8678a
- Annual report on ship maintenance§ 8694
- Navy battle force ship assessment and requirement reporting§ 8695
- Congressional notification of significant Army force structure changes§ 7102
- Under Secretary of Defense for Policy§ 134
- Public availability of Department of Defense reports required by law§ 122a
- Agency agreements§ 1535
- Definitions§ 1101
- Secretariat for Special Operations; Special Operations Policy and Oversight Council§ 139b
- National contingency plan§ 9605
- Federal responsibilities§ 20301
- Guarantee of residency for spouses of servicemembers§ 4027
- National Atomic Veterans Day§ 146
- Congressional authorization of commemorative works§ 8903
- Management of deployments of members and measurement and data collection of unit operating and personnel tempo§ 991
- Office of the Secretary of Defense§ 131
- Definitions§ 611
- Payment of retention bonuses to DOD civilian employees in Guam.§ 1599e
- Crediting amounts received for certain Reserve or National Guard service§ 5519
- Parental bereavement leave§ 6329d
- Allowance based on duty at remote worksites§ 5942
- Purpose§ 5101
- CLIMATE RESILIENCE IN PLANNING, ENGAGEMENT STRATEGIES, INFRASTRUCTURE, AND FORCE DEVELOPMENT OF DEPARTMENT OF DEFENSE.§ 334
- Definitions§ 301
- Availability of appropriations for certain purposes§ 2241
- Foreign security forces: authority to build capacity§ 333
- Congressional findings and declaration of policy§ 3301
- Implementation of United States policy with regard to Taiwan§ 3302
- Eastern Mediterranean policy requirements§ 2373
- Credit sales§ 2763
- Reports and certifications to Congress on military exports§ 2776
- Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries§ 2350a
- Authority of President to enter into cooperative projects with friendly foreign countries§ 2767
- Definition§ 2731
- Selection of priority countries and regions§ 9804
- Annual report on comprehensive nuclear-test-ban treaty sensors§ 2595d
- Congressional findings and declaration of policy§ 2151
- Destruction of existing stockpile of lethal chemical agents and munitions§ 1521
- Short title§ 98
- Stockpile management§ 98e
- Training generally§ 501
- Defense Information Assurance Program§ 2224
- Reporting on cyber incidents with respect to networks and information systems of operationally critical contractors and certain other contractors§ 391
- Authorities concerning military cyber operations§ 394
- Unified combatant command for cyber operations§ 167b
- Critical infrastructures protection§ 5195c
- Definition§ 651
- National cybersecurity and communications integration center§ 659
- Definitions§ 1501
- Federal intrusion detection and prevention system§ 663
- Cybersecurity plans§ 660
- National Cyber Exercise Program§ 665h
- Training and exercises§ 748
- Cybersecurity and Infrastructure Security Agency§ 652
- Duties and authorities relating to .gov internet domain§ 665
- Joint cyber planning office§ 665b
- Cybersecurity State Coordinator§ 665c
- Sector Risk Management Agencies§ 665d
- Cybersecurity Advisory Committee§ 665e
- Cybersecurity education and training programs§ 665f
- State and Local Cybersecurity Grant Program§ 665g
- CyberSentry program§ 665i
- United States-Israel cooperation on energy, water, homeland security, agriculture, and alternative fuel technologies§ 8606
- Promoting antiterrorism through international cooperation program§ 195c
- Responsibilities and authorities of the Under Secretary for Science and Technology§ 182
- Definitions§ 15801
- Disclosure of National Security Space Launch program contract pricing terms§ 2277
- Commercial space launch cooperation§ 2276
- Space Acquisition Council§ 9021
- Chief of Space Operations§ 9082
- Establishment§ 441
- Management of space programs: joint program offices and officer management programs§ 2271
- Responsibilities of Secretary of Defense pertaining to National Intelligence Program§ 3038
- Participation in United States Strategic Command strategic deterrence exercises§ 499b
- Authority of the Department of Defense to carry out certain prototype projects§ 4022
- Renumbered § 4205]§ 2431
- Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]§ 205
- Repealed. Pub. L. 118–159, div. A, title XVI, § 1649(b)(1), Dec. 23, 2024, 138 Stat. 2199]§ 130h
- Under Secretary of Defense for Research and Engineering§ 133a
- Authority to carry out Department of Defense Cooperative Threat Reduction Program§ 3711
- Establishment of All-domain Anomaly Resolution Office§ 3373
- Authorization; official approval; Congressional action: notification of committees of certain proposed obligations, resolution of disapproval, continuity of session, computation of period§ 1431
- Public Interest Declassification Board§ 3355a
- Renumbered § 4173]§ 196
- Renumbered § 3101]§ 2545
- Applicability of chapter 137 legacy provisions§ 3064
- Inapplicability of certain laws§ 3068
- Allocation of appropriations§ 3134
- Full and open competition§ 3201
- Planning and solicitation requirements§ 3206
- Supplies: economic order quantities§ 3242
- Competitive proposals§ 3303
- Pre-award debriefings§ 3305
- Renumbered § 3344]§ 2316
- Task and delivery order contracts: general authority§ 3403
- Task order contracts: advisory and assistance services§ 3405
- Commercial product and commercial service determinations by Department of Defense§ 3456
- Interest and penalties for certain overpayments§ 3707
- Waiver of applicability of certain laws§ 2343
- Renumbered § 3455]§ 2379
- Proceeding costs not allowable§ 3750
- Renumbered § 3794]§ 2328
- Vesting of title in the United States§ 3807
- Council on Oversight of the National Leadership Command, Control, and Communications System§ 171a
- Milestone decision authority§ 4204
- Government performance of certain acquisition functions§ 1706
- Performance assessments and root cause analyses§ 4273
- Life-cycle management and product support§ 4324
- Unit cost reports: quarterly report from program manager to service acquisition executive§ 4372
- Procurement of contract services: senior officials responsible for management of acquisition of contract services§ 4502
- Procurement of services: tracking of purchases§ 4505
- Debarment of persons convicted of fraudulent use of “Made in America” labels§ 4658
- Definitions§ 4801
- Renumbered § 4811]§ 2501
- National technology and industrial base: biennial report§ 4814
- Data collection authority of President§ 4818
- Miscellaneous limitations on the procurement of goods other than United States goods§ 4864
- Multiyear contracts: acquisition of property§ 3501
- Multiyear contracts: acquisition of services§ 3531
- Renumbered § 3551]§ 2410o
- Renumbered § 4955]§ 2414
- Renumbered § 4956]§ 2415
- Renumbered § 4957]§ 2416
- Renumbered § 4958]§ 2418
- Renumbered § 4959]§ 2419
- Renumbered § 4961]§ 2417
- Definitions§ 4951
- Purposes§ 4952
- Regulations§ 4953
- Certain Navy contracts§ 3808
- Renumbered § 4351]§ 2432
- Omitted]§ 4350
- Career development§ 1734
- Director of Cost Assessment and Program Evaluation§ 3221
- Discussion of risk in cost estimates§ 3225
- AUTHORIZATION OF APPROPRIATIONS§ 4203
- Baseline description§ 4214
- Major systems: determination of quantity for low-rate initial production§ 4231
- Major defense acquisition programs: factors to be considered before Milestone B approval§ 4252
- Program cost, fielding, and performance goals in planning major defense acquisition programs§ 4271
- Cost growth definitions; applicability of reporting requirements; constant base year dollars§ 4371
- Breach of significant cost growth threshold or critical cost growth threshold: required action§ 4375
- Breach of critical cost growth threshold: reassessment of program; presumption of program termination§ 4376
- Breach of critical cost growth threshold: actions if program not terminated§ 4377
- Renumbered § 4845]§ 2522
- Renumbered § 1766]§ 2358b
- Renumbered § 3104]§ 2547
- Renumbered § 4820]§ 2440
- Acquisition strategy§ 4211
- Documents, historical artifacts, and condemned or obsolete combat materiel: loan, gift, or exchange§ 2572
- CONTINUATION OF ECONOMIC ADJUSTMENT COMMITTEE§ 4004
- Renumbered § 4067]§ 2357
- Omitted]§ 2364
- Personnel management authority to attract experts in science, engineering, and certain other disciplines§ 4092
- Unspecified minor construction§ 2805
- Annual authorization of appropriations§ 114
- Contracts: acquisition, construction, or furnishing of test facilities and equipment§ 4174
- Renumbered § 4004]§ 2302e
- Renumbered § 3901]§ 2304e
- Guidelines and procedures for use of civilian employees to perform Department of Defense functions§ 2463
- Renumbered § 4971]§ 2540
- Research and development projects§ 391
- Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations§ 423
- Application of certain commercial items authorities to certain procurements§ 425
- Use of streamlined procedures§ 426
- Requirement to buy certain items related to national security interests from American sources; exceptions§ 453b
- Implementation in acquisition of construction services and materials for Federal facilities§ 205l
- Additional powers§ 637
- Awards or contracts§ 644
- Offenses and penalties§ 645
- Grants to Sematech§ 4602
- Use of noncompetitive procedures§ 3304
- Research and investigations generally§ 241
- Directors of national research institutes§ 284
- Contracts for construction§ 1594
- Indemnification of grantees, contractors, and subcontractors under ocean drilling program; approvals and certifications by Director§ 1887
- Buy American§ 5206
- Authority to enter into contracts§ 8287
- Disadvantaged business enterprises§ 13556
- Destruction of existing stockpile of lethal chemical agents and munitions§ 1521a
- Other laws, powers and authorities conferred thereby, and actions taken thereunder; Congressional studies§ 1651
- Strengthening domestic capability§ 4517
- Agriculture Advanced Research and Development Authority pilot§ 3319k
- Sales from stocks§ 2761
- Report by Secretary of Commerce§ 3142
- Debarment of persons convicted of fraudulent use of “Made in America” labels§ 569f
- Selection procedure§ 1103
- Applicability to national security systems§ 11103
- Base closures and realignments§ 2687
- Supervision of military construction projects§ 2851
- Stormwater management, shoreline erosion control, and water resilience projects for installations and defense access roads§ 2815a
- Military construction projects§ 2802
- Discrimination in the sale or rental of housing and other prohibited practices§ 3604
- Definitions§ 12181
- Findings and purpose§ 12101
- Definition of disability§ 12102
- Requirements relating to management of housing units§ 2891a
- National Museum of the United States Navy§ 8617
- Definitions§ 9601
- Administrator for Nuclear Security§ 2402
- Repealed. Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458§ 2569
- Repealed. Pub. L. 119–60, div. C, title XXXI, § 3111(b)(1), Dec. 18, 2025, 139 Stat. 1458§ 2501
- Notification of employee practices affecting national security§ 2443
- Interagency review of applications for the transfer of United States civil nuclear technology§ 2077a
- Improving the reliability of domestic medical isotope supply§ 2065
- Indemnification and limitation of liability§ 2210
- Establishment§ 2286
- Definitions§ 661a
- United States Merchant Marine Academy Advisory Council§ 51323
- Maritime Transportation System National Advisory Committee§ 50402
- Port infrastructure development program§ 54301
- Interagency Working Group on IUU fishing§ 8031
- International Prison Commission§ 263
- Organization of Department of State§ 2651a
- Chief of mission§ 3927
- Reporting requirements§ 2291h
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Anti-piracy information sharing§ 263c
- Authority of Secretary§ 3981
- Assignments to Foreign Service positions§ 3982
- Reimbursement for seized commercial fishermen§ 1977
- Foreign language requirements§ 4022
- Repealed. Pub. L. 117–81, div. E, title LI, § 5114(b)(4), Dec. 27, 2021, 135 Stat. 2352§ 2593b
- Repealed. Pub. L. 117–81, div. E, title LI, § 5114(b)(5), Dec. 27, 2021, 135 Stat. 2352§ 3005
- UNITED NATIONS PEACEKEEPING ASSESSMENT FORMULA.§ 304
- REIMBURSEMENT OR APPLICATION OF CREDITS.§ 305
- Acquisition of sites and buildings for diplomatic and consular establishments; allotment of space; credit of payments without regard to limitations of amounts§ 292
- Diplomatic construction program§ 4852
- Authorization§ 4851
- Responsibility of Secretary of State§ 4802
- Contracting methods in capital construction§ 306
- “Building” defined§ 4151
- Compensation authorized§ 1651
- Responsibilities of Secretary of State§ 2656d
- Travel and related expenses§ 4081
- Required leave§ 4083
- Promotions§ 4001
- Department awards§ 4013
- General provisions§ 3941
- Employee assignment restrictions§ 2734c
- Annual Report§ 2734e
- Notice of employment opportunities for Department of State and USAID positions§ 10301
- Strategic staffing plan for the Department of State§ 2734f
- Consulting services for the Department of State§ 10302
- Recruitment and relocation bonuses§ 5753
- Security Review Committees§ 4831
- Separation for cause; suspension§ 4010
- Foreign Affairs Manual and Foreign Affairs Handbook changes§ 2658a
- Management of foreign affairs§ 2656
- Cooperation with Office of the Inspector General§ 3929b
- Bureau of Educational and Cultural Affairs§ 2460
- Authorization; allotment; use of funds; authorization of appropriations§ 1411
- Recommendations and rankings§ 4003
- Exit interviews for workforce§ 2736
- Prohibition against discrimination or segregation in places of public accommodation§ 2000a
- Definitions§ 3902
- Recruitment and retention§ 2736a
- Leadership engagement and accountability§ 2736b
- Professional development opportunities and tools§ 2736c
- Payne fellowship authorization§ 2736d
- Voluntary participation§ 2736e
- List of certain telecommunications providers§ 2679e
- Responsibility for preparation of FRUS series§ 4352
- Declassification of State Department records§ 4354
- Establishment of Department§ 2651
- Avoiding duplication of programs and efforts§ 2732a
- Improving research and evaluation of public diplomacy§ 2732b
- Congressional statement of purpose§ 2451
- Continuation of United States Advisory Commission on Public Diplomacy§ 6553
- Overseas public diplomacy posts and personnel overseas§ 1475g
- Security requirements for United States diplomatic facilities§ 4865
- Prohibitions against furnishing assistance§ 2370
- Annual Report§ 9111
- Support of special operations to combat terrorism§ 127e
- Congressional findings and statement of purpose§ 1681
- Definitions§ 7102
- Definitions; rules of construction§ 1681a
- Impact adjustment lending programs§ 262p
- Annual report by Chairman of National Advisory Council on International Monetary and Financial Policies§ 262r
- Declaration of purpose§ 5311
- Retention of records by insured depository institutions§ 1829b
- Definitions§ 1813
- Executive departments§ 101
- Executive agencies telework requirement§ 6502
- Career counseling§ 4026
- Prohibited personnel practices§ 2302
- United States citizens hired abroad§ 3951
- In-State tuition rates for members of qualifying Federal service§ 1015d
- Members of Service§ 3903
- Termination of residential or motor vehicle leases and telephone service contracts§ 4087
- Termination of residential or motor vehicle leases§ 3955
- Findings§ 4701
- Definitions§ 4702
- Barry Goldwater scholarship and excellence in education awards§ 4704
- Investment in historically Black colleges and universities and other minority-serving institutions§ 1067q
- Stipends§ 4705
- Scholarship and research internship conditions§ 4706
- Barry Goldwater Scholarship and Excellence in Education Fund§ 4707
- Administrative provisions§ 4710
- Under Secretary for Management§ 341
- Employee engagement§ 351
- Annual employee award program§ 352
- Chief Human Capital Officer§ 344
- Establishment of human resources management system§ 411
- Acquisition professional career program§ 353
- Definitions; eligibility§ 1101a
- Definitions§ 1061
- Under Secretary for Science and Technology§ 181
- National Urban Security Technology Laboratory§ 195h
- Department of Homeland Security Blue Campaign§ 242
- Chief Medical Officer§ 597
- Medical countermeasures§ 597a
- Advisory committees§ 451
- Homeland security critical domain research and development§ 474
- Port of entry donation authority§ 301a
- Transportation Security Administration§ 114
- Screening passengers and property§ 44901
- Termination of existing declared emergencies§ 1601
- PreCheck Program§ 44919
- Department of Homeland Security State, Local, and Regional Fusion Center Initiative§ 124h
- Definitions§ 1131
- Definitions§ 1151
- Local law enforcement security training§ 1137a
- FUNCTIONS OF COMMISSION.§ 604
- Public transportation security assistance§ 1135
- Sensitive Security Information§ 114
- National biodefense strategy§ 104
- General authorization§ 2348
- Transnational repression accountability and prevention§ 263b
- Human rights awareness for American athletic delegations§ 2656k
- United States policy toward Ukraine§ 8902
- Findings§ 9501
- Annual national security strategy report§ 3043
- Persons eligible for interment in national cemeteries§ 2402
- Evaluation and data collection§ 527
- Short title§ 3001
- Establishment of agency Chief Human Capital Officers§ 1401
- National Quantum Initiative Program§ 8811
- Sunset§ 8815
- Subcommittee on the Economic and Security Implications of Quantum Information Science§ 8814a
- Definitions§ 8801
- National Quantum Coordination Office§ 8812
- National Quantum Initiative Advisory Committee§ 8814
- Findings§ 2701
- Gaming on lands acquired after October 17, 1988§ 2719
- Policy, general authorities, coordination, foreign police actions, definitions, and other provisions§ 2291
- Purposes and findings§ 7101
- Population planning and health programs§ 2151b
- Authority and criteria for classification of substances§ 811
- Definitions§ 802
- Annual adoption of concurrent resolution on the budget§ 632
- Committee allocations§ 633
- Congressional declaration of goals and policy§ 1251
- Congressional declaration of purpose§ 621
- Enforcing discretionary spending limits§ 901
- Name of program§ 10151
- Authority to make public safety and community policing grants§ 10381
- Congressional findings and declaration of purpose§ 7401
- Statement of budget enforcement through sequestration; definitions§ 900
- Extraneous matter in reconciliation legislation§ 644
- Trust Funds§ 401
- Disability determinations§ 421
- Eligibility for benefits§ 1382
- Grants to States for reemployment services and eligibility assessments§ 506
- Definitions§ 5122
- Congressional findings and declarations§ 5121
- Statement of purpose§ 9831
- Action by President after determination of import injury§ 2253
- Monitoring, modification, and termination of action§ 2254
- Consequential changes in Tariff Schedules of the United States§ 2483
- Inadmissible aliens§ 1182
- Safeguarding national security§ 1862
- Department of the Treasury Forfeiture Fund§ 9705
- Support for counterdrug activities and activities to counter transnational organized crime§ 284
- Construction authority in the event of a declaration of war or national emergency§ 2808
- Reprogramming during national emergencies§ 2293
- American Heart Month§ 101
- National Defense Transportation Day§ 120
- National Transportation Week§ 133
- National Safe Boating Week§ 131
- Memorial Day§ 116
- Father’s Day§ 109
- Constitution Day and Citizenship Day§ 106
- Constitution Week§ 108
- Child Health Day§ 105
- Columbus Day§ 107
- Congressional declaration of policy§ 1701
- National monuments§ 320301
- Protection and preservation of traditional religions of Native Americans§ 1996
- Findings, purposes and policy§ 1801
- Congressional findings and declaration of purposes and policy§ 1531
- Public recreation use of fish and wildlife conservation areas; compatibility with conservation purposes; appropriate incidental or secondary use; consistency with other Federal operations and primary objectives of particular areas; curtailment; forms of recreation not directly related to primary purposes of individual areas; repeal or amendment of provisions for particular areas§ 460k
- Congressional findings and declaration of policy§ 1361
- Definitions§ 2701
- Findings, purposes, and policies; establishment of system§ 1431
- Congressional finding, policy, and declaration of purpose§ 1401
- National Forest Products Week§ 123
- Holidays§ 6103
- Wright Brothers Day§ 143
- Commission review of, and recommendations regarding, Harmonized Tariff Schedule§ 3005
- Presidential action on Commission recommendations§ 3006
- Trade agreement negotiating authority§ 2902
- Approval and entry into force of Uruguay Round Agreements§ 3511
- Tariff modifications§ 3521
- Tariff modifications§ 4031
- Implementation of trade agreements§ 3805
- Implementing actions in anticipation of entry into force; initial regulations; tariff proclamation authority§ 4513
- Actions by United States Trade Representative§ 2411
- Modification and termination of actions§ 2417
- Barriers to and other distortions of trade§ 2112
- Designation of sub-Saharan African countries for certain benefits§ 2466a
statutes-at-large
- /statutes-at-large/vol-124/treaty-p4381Treaty
- /statutes-at-large/vol-72/public-law-85-804Public Law 85–804
- /statutes-at-large/vol-97/proclamation-5122Proclamation 5122
- /statutes-at-large/vol-115/proclamation-7437Proclamation 7437
- /statutes-at-large/vol-110/proclamation-6895Proclamation 6895
- /statutes-at-large/vol-114/proclamation-7321Proclamation 7321
- /statutes-at-large/vol-96/proclamation-4953Proclamation 4953
- To provide for a change in the exemption from the child labor provisions of the Fair Labor Standards Act of 1938 for minors who are 17 years of age and who engage in the operation of automobiles and trucksPublic Law 105–334
- /statutes-at-large/vol-91/proclamation-4540Proclamation 4540
- /statutes-at-large/vol-102/public-law-100-417Public Law 100–417
- to authorize the striking of medals in commemoration of the one hundredth anniversary of the cable car in San Francisco” (Public Law 93–114), [87 Stat. 417](/us/stat/87/417).approved October 1, 1973, is amended by striking out “December 31, 1974” and inserting in lieu thereof “December 31, 1976”Public Law 93–617
- To amend the Saccharin Study and Labeling ActPublic Law 99–46
- /statutes-at-large/vol-114/public-law-106-199Public Law 106–199
register
- Notice and request for commentsNotices
- /register/2005/06/30/05-13098Rules and Regulations
- /register/2013/10/04/2013-24388Presidential Documents
- /register/2017/03/09/2017-04837Notices
- Notice of determinationNotices
- /register/2021/02/05/2021-02563Presidential Documents
- Notice of limitation on claims for judicial review of actions by FHWA and other Federal agenciesNotices
- DEPARTMENT OF TRANSPORTATIONNotices
251 references not yet in our index
- 132 Stat. 1660
- 134 Stat. 3423
- Pub. L. 101-189
- 134 Stat. 3426
- 132 Stat. 1665
- 134 Stat. 3429
- 130 Stat. 2030
- 131 Stat. 1314
- 132 Stat. 1668
- 130 Stat. 2037
- 130 Stat. 2039
- 134 Stat. 3431
- 131 Stat. 1321
- 133 Stat. 1803
- 132 Stat. 1679
- Pub. L. 110-417
- Pub. L. 105-18
- Pub. L. 103-337
- Pub. L. 98-224
- Pub. L. 111-84
- Pub. L. 108-136
- 108 Stat. 2721
- Pub. L. 110-181
- 123 Stat. 2486
- 133 Stat. 1310
- 131 Stat. 1350
- 132 Stat. 1713
- 133 Stat. 1307
- 134 Stat. 3533
- Pub. L. 107-296
- 133 Stat. 1363
- 130 Stat. 2141
- Pub. L. 111-383
- Pub. L. 112-81
- Pub. L. 104-201
- Pub. L. 109-163
- Pub. L. 106-398
- Pub. L. 91-230
- 134 Stat. 3639
- Pub. L. 108-447
+ 211 more
Citation graph
cites case law
Public Law 117–81
To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
Stat.132 Stat. 1660
Stat.134 Stat. 3423
Pub. L.Pub. L. 101-189
Cites 863 · showing 12Cited by 0 across 0 sources